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2021 DIGILAW 1176 (KER)

Travancore Devaswom Board Nanthancode, Thiruvananthapuram, Represented By Its Secretary v. Station House Officer, Sannidhanam Police Station

2021-12-22

ANIL K.NARENDRAN, P.G.AJITHKUMAR

body2021
ORDER : Anil K. Narendran, J. 1. The DBP relates to the suo motu proceedings initiated regarding transportation of goods in tractors through the trekking path in rash and negligent manner in Sabarimala Temple, which stands closed by a detailed order of this Court dated 10.12.2021. Thereafter, Travancore Devaswom Board filed I.A.No.1 of 2021 seeking modification of the order dated 10.12.2021 in D.B.P.No.30 of 2021. Paragraph 9 of the order of this Court dated 15.12.2021 in I.A.No.1 of 2021 in D.B.P.No.30 of 2021 reads thus: “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. (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.” 2. from Monday to Thursday during 10.00 p.m. to 3.00 a.m.” 2. By the order dated 15.12.2021, the Police was directed to 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. The Special Commissioner and also the Superintendent of Police were directed to file report before this Court on the implementation of the aforesaid directions by 22.12.2021. 3. Today, when this application is taken up for consideration, the learned District Police Chief, Pathanamthitta has filed a compliance report. Paragraphs 2 to 5 of that report read thus; "2. By the order dated 15.12.2021 in the above referred suo moto petition this Hon'ble Court modified the earlier order dated 10.12.2021 of this Hon'ble Court and pleased to allow plying of tractors for transportation of raw materials required for preparation of the Prasadham and Annadanam, pooja articles for daily rituals, two tractors of Devaswom Board and one tractor of police in emergency with the permission of Special Commissioner Sabarimala, one tractor of Visudhi Sena for removing the waste and maintaining the cleanliness of trekking path and one heavy vehicle for transportation of tender coconut and its wastage. report with regard to the wastage in the time allowed to each category. The Honourable Court also directed police to have constant watch to detect any rash and negligent driving of tractor through trekking path or use of such vehicle even beyond the time limit granted to each category. The under signed was also directed to file a implementation of said direction on or before 22nd of this month. And this report is filed in due of the said order of Honourable Court. 3. In this connection it is humbly submitted that the order of Honourable Court dated 10.12.2021 & 15.12.2021 were communicated to the owners/operators of tractor so as to ensure no rash and negligent driving was carried out by the drivers/operators of tractor through the trekking path and that the tractors were used by them within the time limit specified by Honourable court in the abovementioned order. 4. Again, all the stake holders in Sannidhanam and Pampa were also alerted with the order of Honourable court by additional respondents 3 & 4 respectively so as to adhere the time limit specified in the order. 5. 4. Again, all the stake holders in Sannidhanam and Pampa were also alerted with the order of Honourable court by additional respondents 3 & 4 respectively so as to adhere the time limit specified in the order. 5. Further police personnel at CCTV Control rooms at Sannidhanam and Pampa were instructed to exercise constant watch on the footages of CCTV round the clock so as to detect and report rash and negligent driving of tractors as well as the adherence of time limit specified in the order. In this connection it is humbly submitted that no such violations were reported after the pronouncement of the order of Honourable court and pilgrimage is going peacefully.” 4. The Special Commissioner, Sabarimala, has also filed a report regarding implementation of the order dated 15.12.2021 in this interlocutory application, which reads thus; “From the office of the Special Commissioner, Sabarimala, instruction has been given to the SHOs of Sannidhanam and Pampa, the police Special Officers of Pampa and Sannidhanam and the Officials of Periyar Tiger Reserve, Pampa and Chief Vigilance Officer, TDB to implement the above referred order in letter and spirit. Thereafter constant vigil is maintained at the forest check post at Pampa and the Police Officials to prohibit plying of tractors other than during the time allowed by the Hon'ble High Court. The plying of tractors is being monitored by the Police Officer in charge of the CCTV control room and Police Officers are detailed for duty to inspect any violation of the Orders. The SHO, Pampa has called a meeting of all the tractor drivers at Pampa and Sannidhanam and instructed them to ply tractors with caution. It is submitted that the above referred order of the Hon'ble High Court of Kerala is complied.” 5. Having considered the aforesaid reports filed by the District Police Chief, Pathanamthitta and also the Special Commissioner, Sabarimala, and also the submissions made by the learned State Attorney and the learned Standing Counsel for Travancore Devaswom Board, and also the learned Amicus Curiae for the Special Commissioner, Sabarimala, we deem it appropriate to close this interlocutory application by directing the respondents to ensure strict compliance of the directions contained in the order of this Court dated 15.12.2021 in letter and spirit. The Police personnel at CCTV Control rooms at Sannidhanam and Pampa shall have constant watch on the CCTV footage round the clock so as to detect and report any rash and negligent driving of tractors through the trekking path and also any non-adherence of the time limit specified in the order dated 15.12.2021 for transportation of goods through the trekking path. Necessary steps shall also be taken to ensure that the movement of tractors through the trekking path is without causing any threat to the safety of the pilgrims, in the light of the law laid down by the Apex Court in Ravi Kapoor v. State of Rajasthan [ (2012) 9 SCC 284 ] and that laid down in the decision of this Court in Balakrishnan Nair v. P.Vijayan [ 2020 (3) KHC 219 ], which is extracted in paragraphs 7 to 9 of the order of this Court dated 10.12.2021 in D.B.P.No.30 of 2021. Stringent action shall be taken against those who are plying tractors through the trekking path in a rash and negligent manner, within the meaning of the language of Section 279 of the Indian Penal Code, 1860.