ORDER : Anil K. Narendran, J. I.A.No.1 of 2021 By the order dated 10.12.2021, DBP No.30 of 2021 was initiated suo motu, which relates to transportation of goods through the trekking path from Pamba to Sannidhanam, and it was closed with the following directions; “13. Having considered the submissions made by the learned Standing Counsel for the Travancore Devaswom Board and also the learned State Attorney, we deem it appropriate to direct the additional 5th respondent Deputy Superintendent of Police, the 2nd respondent Chief Vigilance Security Officer and also respondents 3 and 4 Station House Officers to take necessary steps to ensure that movement of tractors for transporting goods from Pamba to Sannidhanam by the Travancore Devaswom Board and also by the stakeholders other than the Board are regulated strictly in terms of the orders of this Court dated 08.11.2017 and 22.11.2017 in D.B.A.No.13 of 2016 and that, any transportation of goods during day time, other than transportation of goods by the Travancore Devaswom Board during 12.00 noon to 3.00 p.m., is done only in case of extreme emergency, as per the permission granted by the Special Commissioner, Sabarimala. Respondents 2 to 5 shall take necessary steps to ensure that there is no threat to the safety of the pilgrims on account of transportation of goods in tractors through the trekking path and that, any movement of tractors through trekking path even in case of extreme emergency causes only least inconvenience to the devotees. 14. With the above directions, this DBP is closed. The Special Commissioner, Sabarimala, shall file a report before this Court on 13.12.2021 on the implementation of this order.” 2. 14. With the above directions, this DBP is closed. The Special Commissioner, Sabarimala, shall file a report before this Court on 13.12.2021 on the implementation of this order.” 2. Now, the Travancore Devaswom Board and also the Chief Vigilance Security Officer have filed this interlocutory application seeking permission for movement of tractors as follows; (i) for transportation of raw materials required for preparation of Prasadam and Annadhanam in terms of order dated 18.12.2017 in DBA No.13 of 2016; (ii) for the transportation of pooja articles for the daily rituals in the temple from 5.00 a.m. to 7.00 a.m. everyday; (iii) in emergency situations, two department tractors may be permitted with the permission from the Special Commissioner, Sabarimala; (iv) for removal of waste from Pamba to Charalmedu one tractor of the Vishdhisena may be permitted from 8.00 a.m. to 4.00 p.m. to keep the trekking route clean and hygienic for the use of pilgrims; (v) to grant necessary permission to ply vehicles for supply of tender coconut and removing the remnants/waste from tender coconut stalls at Chelikkuzhi for the smooth conduct of the pilgrimage, in the interest of justice. 3. Along with this interlocutory application, the petitioner has placed on record Annexure R1(a) order dated 18.12.2017 of this Court in I.A.No.3195 of 2017 in DBA No.13 of 2016. Paragraphs 4 and 6 of that order reads thus; “4. After considering the contents of the said report and also after hearing the learned Standing Counsel for the Devaswom Board as well as the learned Government Pleader appearing on behalf of the State, we find it appropriate to effect a slight modification with regard to the orders already passed by permitting the movement of tractors between 10.30 am to 4 pm and from 10 pm to 3 am from Monday to Thursday. This is however subject to the crowd management to be effected by the Police, who is at liberty to impose further restrictions in such movement depending upon the crowd flow to an appropriate extent. 6. It is made clear that, bases on the 'emergency' of the situation, it is open to permit the movement of tractors; subject to the orders already passed by this Court and the arrangements already made by the Special Commissioner in this regard, as dealt with in paragraph No.5 of the additional report extracted above. 6. It is made clear that, bases on the 'emergency' of the situation, it is open to permit the movement of tractors; subject to the orders already passed by this Court and the arrangements already made by the Special Commissioner in this regard, as dealt with in paragraph No.5 of the additional report extracted above. The movement of the tractors shall stand governed by the orders passed on 08.11.2017 and 22.11.2017 insofar as Fridays, Saturdays, Sundays and other holidays is concerned.” 4. On 14.12.2021, when this interlocutory application came up for consideration, the learned Amicus Curiae for Special Commissioner, Sabarimala was directed to get instructions and file a report. Pursuant to that order, a report dated 14.12.2021 of the Special Commissioner is placed on record. The relevant paragraphs of that report reads thus; “The order of this Court dated 10.12.2021 regulating the tractor movement has been implemented by the police and Forest Department. However it is submitted that, the benefit of plying tractors during day time may be extended to other stakeholders like hoteliers who transport perishable items like vegetables, fruits etc. It is also submitted that from Monday to Thursday (generally the non peak days) the timing can be relaxed further. It is submitted that during this season pilgrims are permitted to ascend from Pamba in the morning at 2.00 p.m. onwards. Now both routes are opened for trekking of pilgrims. Therefore the tractor movement can be permitted modified from Friday to Sunday and Holidays in the night from 12.00 p.m. till 3.00 a.m. and from Monday to Thursday from 10.00 p.m. to 3.00 a.m. From Monday to Thursday during day time the timing can be extended from 10.30 a.m. till 4.00 p.m. In emergent situations like when flowers for Pushpabhishekam perishables like vegetables, fruits, milk etc for use at the mess of TDB and Police arrive late at Pampa are to be transported after the allowed timing and requests are made by the stakeholders to the Special Commissioner after receiving inputs from the Police about the crowd flow the Special Commissioner or the Secretary of the Special Commissioner authorised by him permits to ply tractors. As and when requests are made by the TDB and Police to ply tractors in emergent situations after getting inputs from the police regarding the crowd flow and if the crowd is less in the trekking path permission will be granted to ply tractors. The Sabarimala sanitation Society workers (managed by the Revenue Department and part funded by the TDB), known as the Vishudhi Sena is engaged in round the clock cleaning of the premises, trek path and removal of waste to the incinerators at Pampa and Sannidhanam. The Vishudhi Sena may be permitted to ply tractors removing waste from the trek path in the case of removing excess accumulated waste beyond the regulated timing. The tender coconuts are transported in heavy vehicles like lorries to the stalls at Chelykuzhy, which is at the commencement of the Swamy Ayyappan road. The above said heavy vehicles carrying tender coconuts may be permitted to ply during the allowed times to transport tender coconuts and for removal of tender coconut husks.” 5. Heard the learned Standing Counsel for Travancore Devaswom Board, the learned State Attorney for the respondents 1 and 2 and also the learned Amicus Curiae for the Special Commissioner. 6. The learned Standing Counsel for the Travancore Devaswom Board would submit that the modification of the order dated 10.12.2021 in DBP No.30 of 2021, in view of Annexure R1(a) order dated 18.12.2017 in I.A.No.3195 of 2017 in DBP No.13 of 2016 is necessary in order to ensure transportation of raw materials required for preparation of Prasadam and Annadhanam, the transportation of pooja articles and the removal of waste from Pamba to Charalmedu, etc. 7. The learned State Attorney would submit that the Superintendent of Police, Pathanamthitta, thorough the 3rd respondent Deputy Superintendent and other police officials shall take necessary steps to ensure that movement of tractors through the trekking path is not causing threat to the safety of pilgrims and that will cause only least inconvenience to the devotees. The Superintendent of Police has already instructed the 3rd respondent Deputy Superintendent of Police and his subordinates to have constant watch to detect any rash and negligent driving of tractors through the trekking path or even use of such vehicles beyond the permission granted in various orders of this Court. 8. The Superintendent of Police has already instructed the 3rd respondent Deputy Superintendent of Police and his subordinates to have constant watch to detect any rash and negligent driving of tractors through the trekking path or even use of such vehicles beyond the permission granted in various orders of this Court. 8. The learned Amicus Curiae for Special Commissioner would also submit that the modification sought for in this interlocutory application is necessary for ensuring adequate supply of raw materials, pooja articles and also removal of waste. The learned Amicus Curiae would point out the suggestion made by the Special Commissioner in his report dated 14.12.2021 in the case of Sabarimala Sanitation Society Workers, namely Vishudhi Sena engaged round the clock for cleaning the premises, trekking path and for removal of waste to the incinerators at Pamba and Sannidhanam. 9. Having considered the submission made by the learned counsel and also the report of the Special Commissioner, we issue the following directions; (1) In modification of the order dated 10.12.2021 in DBP No.30 of 2021, we permit plying of tractors for transportation of raw materials required for preparation of Prasadham and Annadhanam in terms of Annexure R1(a) order dated 18.12.2017 in DBA No.13 of 2016 between 10.30 a.m. to 4.00 p.m. and from 10.00 p.m. to 3.00 a.m. from Monday to Thursday. (2) Permission is also granted for transportation of Pooja articles for daily rituals in the temple from 5.00 a.m. to 7.00 a.m. every day. (3) In emergency situations, two tractors owned by the Travancore Devaswom Board and one tractor owned by the Police shall be permitted to operate, with the permission obtained from the Special Commissioner, Sabarimala in his absence from the Secretary of the Special Commissioner. (4) We also permit use of one tractor of Vishudhi Sena from 8.00 a.m. to 4.00 p.m. for removal of waste from Pamba to Charalmedu, beyond the regulated timing, to keep the trekking route clean and hygienic for the use of pilgrims. In case, plying of tractor of Vishudhi Sena is necessary beyond the aforesaid period, necessary permission shall be obtained from the Special Commissioner, Sabarimala or in his absence from the Secretary of the Special Commissioner. In case, plying of tractor of Vishudhi Sena is necessary beyond the aforesaid period, necessary permission shall be obtained from the Special Commissioner, Sabarimala or in his absence from the Secretary of the Special Commissioner. (5) We also permit plying of heavy vehicles for transportation of tender coconut to the stores at Chelikkuzhi, which is at the starting point of Swami Ayyappan Road, between 8.00 a.m. to 5.00 p.m. (6) The other stakeholders like hoteliers can be permitted to transport perishable items like vegetables, fruits, etc. from Monday to Thursday during 10.00 p.m. to 3.00 a.m. 10. The Police shall have constant watch to detect any rash and negligent driving of tractor through the trekking path or even use of such vehicles beyond the permission granted in the order of this Court. 11. The Special Commissioner and also the Superintendent of Police shall file a report before this Court on the implementation of the aforesaid directions by 22.12.2021. List on 22.12.2021.