ORDER : Anil K. Narendran, J. This SSCR and DBP relate to the implementation and management of the Virtual-Q system during Mandala-Makaravilakku festival season of 1198 M.E (2022-23), for effective crowd management at Nilakkal, Pamba, Sannidhanam and the trekking paths, transportation facilities for the pilgrims, etc. and the restrictions imposed on the entry of vehicles including motor cars from Nilakkal to Pamba. 2. SSCR No.23 of 2022:- This SSCR filed by the Special Commissioner, Sabarimala, is regarding the implementation and management of the Virtual-Q system by Travancore Devaswom Board for Sabarimala darshan during Mandala-Makaravilakku festival season of 1198 M.E and for effective crowd management at Nilakkal, Pamba, Sannidhanam and the trekking paths, transportation facilities for the pilgrims, etc. 3. DBP No.70 of 2022:- This DBP is registered based on a complaint dated Nil made in the matter pertaining to the restrictions imposed on the entry of vehicles including motor cars from Nilakkal to Pamba. 4. In the above SSCR and DBP, this Court issued various orders during Mandala-Makaravilakku festival season of 1198 M.E. 5. Heard Sri.S.Rajmohan, the learned Senior Government Pleader for the State of Kerala and the official respondents, i.e., respondents 1 to 6 and additional respondents 11 and 14 to 16, Sri.P.Santhosh Kumar, learned Special Government Pleader for additional respondents 12 and 13, i.e., the Secretary to Government, Transport Department and the Transport Commissioner, Kerala, Sri.S.Manu, the learned Deputy Solicitor General of India for additional respondents 17, 20 and 21, i.e., the Union of India represented by the Secretary (RT&H), Ministry of Road Transport and Highways, the Secretary, Ministry of Railways and the Senior Divisional Commercial Manager, Southern Railway, Sri.G.Biju, the learned Standing Counsel for Travancore Devaswom Board for the Board and its officials, i.e., respondents 8 to 10, Sri.Deepu Thankan, the learned Standing Counsel for KSRTC for the 7th respondent and Sri.N.Raghuraj, the learned Amicus Curiae for the Special Commissioner, Sabarimala. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. 7. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community. 8. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 9. Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage. 10. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Sabarimala is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of the Western Ghats to have darshan of Lord Ayyappa. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve. Sabarimala is declared a Special Security Zone. The management of the Virtual-Q system for Sabarimala darshan is governed by the directions contained in the order of this Court in Suo Motu v. Travancore Devaswom Board and others [2022/KER/20733 : 2022 (7) KHC SN 5 : 2022 SCC OnLine Ker 2185]. The directions contained in paragraph 85 of the said order in DBP.No.13 of 2021 and connected cases read thus; “85. After detailed consideration of the pleadings and materials on record and also the submissions made by the learned counsel on both sides, our conclusions are as follows; (i) In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act, 1950 the administration of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the Act, and its properties and funds shall vest in the Travancore Devaswom Board. The Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed properly; and to establish and maintain proper facilities in Sabarimala for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of daily worship and ceremonies and festivals in Sabarimala according to the usage. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of daily worship and ceremonies and festivals in Sabarimala according to the usage. (ii) In view of the provisions under the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 in the case of a place of public worship situated in any area to which Part I of the Travancore-Cochin Hindu Religious Institutions Act extends, the Travancore Devaswom Board is the competent authority under sub-section (1) of Section 4 of the said Act. Since Sabarimala is a place of public worship situated in an area to which Part I of the said Act extends, the competent authority to make regulations for the maintenance of order and decorum and the due observance of the religious rites and ceremonies performed in Sabarimala is the Travancore Devaswom Board and not the State Government. (iii) Unlike other temples in Kerala, the Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas, since Sabarimala is situated in a difficult forest terrain prone to natural disasters. In Sabarimala, crowd management during festival seasons is a challenging task, which is regulated by the Kerala Police. Their presence is even necessary at Pathinettampadi to render necessary assistance to the devotees, especially children, senior citizens and also persons with disabilities. Crowd Management at Sabarimala during festival seasons and monthly poojas cannot be handled with the limited number of employees of the Travancore Devaswom Board, who are deputed on special duty. The crowd management by the Kerala Police at Sabarimala Sannidhanam and even at Pathinettampadi will not in any manner infringe the fundamental right guaranteed under Articles 25 and 26 of the Constitution of India. (iv) Virtual-Q system was introduced at Sabarimala for the first time in the year 2011, when there occurred a stampede at Pulmedu near Sabarimala, on 14.01.2011, which took the life of 52 pilgrims. A regulated entry with details of pilgrims is imperative for crowd management at Sabarimala, when restrictions have been imposed on the number of pilgrims permitted to have darshan per day. Verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. A regulated entry with details of pilgrims is imperative for crowd management at Sabarimala, when restrictions have been imposed on the number of pilgrims permitted to have darshan per day. Verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. For effective crowd management during festival seasons and also monthly poojas the Kerala Police should have access to the database in Virtual-Q system. When specific threat inputs have been received in respect of Sabarimala Temple, the Kerala Police will have to take preventive action after screening and verifying the database. Any access to the database in Vitrual-Q platform by the Kerala Police, for crowd control during festival seasons and also monthly poojas, in order to avoid a stampede or untoward incidents, or for taking any preventive action in case any specific threat or security input, would not amount to an unwarranted invasion of the privacy of pilgrims. (v) Though the stand taken by the 2nd respondent State and the 3rd respondent State Police Chief is that, Sabarimala Pilgrim Management System (SPMS) is in the combined ownership of the Kerala Police and the Travancore Devaswom Board, the specific stand taken by the Travancore Devaswom Board is that, Virtual-Q system for Sabarimala darshan introduced in the year 2011 is a project of Kerala Police, which is looking after crowd management in Sabarimala, and the Board does not have ownership or control over Virtual-Q system. The Kerala Police cannot own the domain name sabarimalaonline.org or display any advertisements on that web portal and earn revenue. That web portal should be owned and managed by the Travancore Devaswom Board. Similarly, the State Government has absolutely no authority to accord sanction to the Kerala Police to accept advertisements in Virtual-Q system, to meet the expenditure towards its maintenance. As in the case of other temples like Guruvayur, Virtual-Q system for Sabarimala darshan should be owned and managed by the Travancore Devaswom Board. Therefore, the Travancore Devaswom Board is directed to take over Virtual-Q system for Sabarimala darshan, presently owned and managed by the Kerala Police, with the technical support of the 5th respondent the Tata Consultancy Services Ltd. Once Virtual-Q system is taken over by the Travancore Devaswom Board, Tata Consultancy Services Ltd. shall render necessary technical support to the Travancore Devaswom Board. The Travancore Devaswom Board, the State Police Chief and the Tata Consultancy Services Ltd. are directed to take necessary steps in this regard, after completing the technical formalities and complying with the statutory requirements, and the entire exercise in this regard shall be completed, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order. (vi) In view of the provisions under Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 the body corporate or any person who on behalf of body corporate collects, receives, possess, stores, deals or handle information of provider of information, shall provide a privacy policy for handling of or dealing in personal information including sensitive personal data or information and ensure that the same are available for view by such providers of information who has provided such information under lawful contract. Such policy shall be published on website of body corporate or any person on its behalf and shall provide for the matters enumerated in clauses (i) to (v) of sub-rule (1) of Rule 4 of the said Rules. Since Virtual-Q system for Sabarimala darshan is ordered to be taken over by the Travancore Devaswom Board, the Travancore Devaswom Board is directed to scrupulously follow the requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Data or Information) Rules, once the ownership and management of Virtual-Q system is transferred to the Board. (vii) During Covid-19 pandemic, the State Disaster Management Authority will have the power to impose restrictions regarding entry of pilgrims to Sabarimala, by prescribing the number of devotees permitted to have darshan per day. Any such restriction imposed by the State Disaster Management Authority has to be complied with by the Travancore Devaswom Board. Once such restrictions are lifted, it would be open to the Travancore Devaswom Board to take an appropriate decision as to whether Virtual-Q system has to be made optional, by permitting the pilgrims to opt for the conventional queue system without online booking.” 11. In Suo Motu v. Travancore Devaswom Board [2022 (7) KHC SN 5] this Court noticed that Sabarimala is situated in a difficult forest terrain prone to natural disasters. In Suo Motu v. Travancore Devaswom Board [2022 (7) KHC SN 5] this Court noticed that Sabarimala is situated in a difficult forest terrain prone to natural disasters. Unlike other temples in Kerala, Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas. In temples like Guruvayur, where queue regulation is managed by the temple authorities, the online system can also be managed by them. However, in Sabarimala, crowd management during festival seasons is a challenging task, which is regulated by the Kerala Police. Their presence is even necessary at ‘Pathinettampadi’ to render necessary assistance to the devotees, especially children, senior citizens and also persons with disabilities. Crowd Management at Sabarimala during festival seasons and monthly poojas cannot be handled with the limited number of employees of the Travancore Devaswom Board, who are deputed on special duty. In the said decision, this Court held that crowd management by the Kerala Police at Sabarimala Sannidhanam and even at Pathinettampadi will not in any manner infringe the fundamental right guaranteed under Articles 25 and 26 of the Constitution. In the said decision, this Court directed the Travancore Devaswom Board to take over the Virtual-Q system for Sabarimala darshan, owned and managed by Kerala Police, with the technical support of Tata Consultancy Services Ltd. (TCS Ltd.) and thereafter, TCS Ltd. shall render necessary technical support to the Board. Once the ownership and management of Virtual-Q system are transferred, the Board has to scrupulously follow the requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Data or Information) Rules, 2011. Verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. For effective crowd management during festival seasons and also monthly poojas the Kerala Police should have access to the database in the Virtual-Q system. When specific threat inputs have been received in respect of Sabarimala Temple, the Kerala Police will have to take preventive action after screening and verifying the database. Any access to the database in the Virtual-Q platform by Kerala Police, for crowd control during festival seasons and also monthly poojas, in order to avoid a stampede or an untoward, or for taking any preventive action in case any specific threat or security input, would not amount to an unwarranted invasion of the privacy of pilgrims. 12. Any access to the database in the Virtual-Q platform by Kerala Police, for crowd control during festival seasons and also monthly poojas, in order to avoid a stampede or an untoward, or for taking any preventive action in case any specific threat or security input, would not amount to an unwarranted invasion of the privacy of pilgrims. 12. In Sajeev Sastharam v. State of Kerala [2022/KER/ 64654 : 2022 (7) KHC 295 ] this Court held that a ‘worshipper’, who shows reverence and adoration for Lord Ayyappa, is duty-bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. The restrictions imposed at Sabarimala during Maasa Poojas and festival seasons, including Mandala-Makaravilakku festival season, are applicable to all ‘worshippers’, who are duty-bound to obey such restrictions, in order to ensure a smooth flow of pilgrims in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all pilgrims in the queue. 13. When the average footfall at Sabarimala reaches 80,000-90,000 pilgrims per day, 70 to 80 pilgrims will have to move through ‘Pathinettampadi’ (holy 18 steps) and through each barricade in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple in a minute, in order to ensure that all the pilgrims have darshan of Lord Ayyappa when the Sanctum Sanctorum remains open. 14. In Sajeev Sastharam [ 2022 (7) KHC 295 ] this Court directed the Guards engaged by the Travancore Devaswom Board and also the Police Officers on duty at Sopanam to regulate the movement of pilgrims through the barricades, in an appropriate manner, causing least inconvenience to the pilgrims. To facilitate better crowd management, the third row was ordered to be maintained as ‘buffer zone’ and the Police Officers were directed to stand on either side of the third row for crowd management. The Police Special Officer at Sannidhanam, who is in the rank of Deputy Superintendent of Police, was directed to keep a constant vigil over crowd management at Pathinettampadi and Sopanam, in order to ensure a smooth flow of pilgrims. 15. The Police Special Officer at Sannidhanam, who is in the rank of Deputy Superintendent of Police, was directed to keep a constant vigil over crowd management at Pathinettampadi and Sopanam, in order to ensure a smooth flow of pilgrims. 15. Police Bandobust Scheme for Mandala-Makaravilakku festival season:- On 10.11.2022, when this SSCR came up for consideration, the learned Senior Government Pleader, on instructions from the State Police Chief, through the Assistant Inspector General of Police, submitted that to make arrangements for crowd management, to facilitate a safe, secure, smooth and hassle-free darshan for the pilgrims, to ensure the safety and security of the Holy Shrine, temple premises and devotees, including effective measures against extremism or terrorism, etc., during Mandala-Makaravilakku festival season of 1198 ME (2022-23), extending from 15.11.2022 to 20.01.2023, a detailed Police Bundobust Scheme is prepared by dividing the entire season into 6 phases, deploying Police Officers/personnel under the direct supervision of an officer of the rank of Additional Director General of Police, who is appointed as the Chief Police Coordinator. To assist him an officer of the rank of Inspector General of Police is appointed as the Joint Police Coordinator and two senior Police officers of the rank of Deputy Inspector General of Police as Additional Police Coordinators. The entire zone where the pilgrims arrive is divided into three sub-zones, i.e., Sannidhanam, Pamba and Nilakkal. Each sub-zone is under the direct supervision of the Superintendent of Police appointed as Police Controllers. The District Police Chief, Pathanamthitta will be the Special Liaison Officer for Police Controllers, who will provide all necessary logistic and legal support for the effective implementation of the Bundobust Scheme. 15.1. The learned Senior Government Pleader made available for the perusal of this Court a report dated 10.11.2022 of the Assistant Inspector General of Police, Thiruvananthapuram explaining in detail the Bundobust Scheme during Mandala-Makaravilakku festival season of 1198 ME. As per the said Scheme in phase A (15.11.2022 to 26.11.2022), a total of 913 Police Officials will be deployed at Sannidhanam, 477 Police Officials at Pamba and 377 Police Officials at Nilakkal. In phase B (26.11.2022 to 07.12.2022), a total of 913 Police Officials will be deployed at Sannidhanam, 477 Police Officials at Pamba and 377 Police Officials at Nilakkal. In phase B (26.11.2022 to 07.12.2022), a total of 913 Police Officials will be deployed at Sannidhanam, 477 Police Officials at Pamba and 377 Police Officials at Nilakkal. In phase C (07.12.2022 to 17.12.2022), a total of 1335 Police Officials will be deployed at Sannidhanam, 548 Police Officials at Pamba and 415 Police Officials at Nilakkal. In phase D (17.12.2022 to 27.12.2022), a total of 1335 Police Officials will be deployed at Sannidhanam, 564 Police Officials at Pamba and 474 Police Officials at Nilakkal. In phase E (29.12.2022 to 09.01.2023), a total of 1404 Police Officials will be deployed at Sannidhanam, 570 Police Officials at Pamba and 495 Police Officials at Nilakkal. In phase F (09.01.2023 to 20.01.2023), a total of 1457 Police Officials will be deployed at Sannidhanam, 587 Police Officials at Pamba and 502 Police Officials at Nilakkal. Thus, in all the phases taken together a total of 13,237 Police Officials will be on duty during the Sabarimala festival season; 7369 Police Officials at Sannidhanam, 3215 Police Officials at Pamba and 2653 Police Officials at Nilakkal, respectively. 15.2. The Government, vide G.O.(P)No.72/2022/Home dated 19.10.2022 declared Sabarimala and its vicinity as a Special Security Zone under Section 83(1)(2) of Kerala Police Act, 2011, to enable the Police to ensure a safe, secure and hassle-free pilgrimage during Mandala-Makaravilakku festival season of 1198 ME. Paragraphs 5 to 9 of that report deal with Sabarimala Pilgrim Management System (SPMS) – Virtual-Q System, Service of other State Police Officials, Service of Rapid Action Force (RAF) of CRPF and National Disaster Response Force (NDRF), Aerial Surveillance by Navy and Air Force and implementation of Justice Hariharan Nair Commission Report. 15.3. During the course of arguments, the learned Senior Government Pleader would submit that there was proper crowd management in Sabarimala during Mandala-Makaravilakku festival season of 1198 ME, in terms of the Police Bundobust Scheme prepared for that festival season, by ensuring safe, secure, smooth and hassle-free darshan for the pilgrims. 15.4. It is for the State Police Chief, through the Chief Police Coordinator in the rank of Additional Director General of Police, Joint Police Coordinator in the rank of Inspector General of Police and two Additional Police Coordinators in the rank of Deputy Inspector General of Police to ensure proper crowd management in Sabarimala during Mandala-Makaravilakku festival seasons, to facilitate safe, secure, smooth and hassle-free darshan for the pilgrims. The Special Commissioner, Sabarimala shall file a report before this Court, at least one month before the commencement of the next Mandala-Makaravilakku festival season, along with a copy of this order, seeking appropriate orders for effective crowd management and other aspects at Nilakkal, Pamba, Sannidhanam and also in the traditional trekking path. The Police Bundobust Scheme prepared by the Kerala Police shall be made available for the perusal of this Court, at the time of consideration of that report of the Special Commissioner, Sabarimala. 15.5. During Mandala-Makaravilakku festival seasons, sufficient number of Police personnel shall be deployed at Pamba for verification of Virtual-Q tickets. The Travancore Devaswom Board shall provide 10 to 15 counters at Pamba for verification of Virtual-Q tickets. The Police shall take preventive action, when specific threat inputs have been received in respect of Sabarimala, during Mandala-Makaravilakku festival seasons, after screening and verifying the database available in the Virtual-Q platform. 16. Facilities by the Forest Department in the traditional trekking path:- On 10.11.2022, when this SSCR came up for consideration, the learned Senior Government Pleader, on instructions, submitted that the Forest Officials under the 5th respondent Principal Chief Conservator of Forests (Wildlife) and Chief Wildlife Warden has already taken various measures to provide adequate facilities to Sabarimala pilgrims trekking through the traditional path, during Mandala-Makaravilakku festival season of 1198 ME. 16.1. During the festival season the District Collector, Idukki has issued an order dated 15.11.2022 regulating the movement of pilgrims through the traditional trekking path. The timings in the said order are as follows; Sl.No Kanana Patha Timings 1 Sathram 7 am to 2 pm 2 Azhuthakkadavu 7 am to 12 pm 3 Mukkuzhi 7 am to 1 pm The said order was followed by another order dated 25.11.2022, modifying the timings, in view of increase in the number of pilgrims. The modified timings in the order dated 25.11.2022 are as follows: Sl.No Kanana Patha Timings 1 Sathram 7 am to 2 pm 2 Azhuthakkadavu 7 am to 2.30 pm 3 Mukkuzhi 7 am to 3.30 pm 16.2. The restrictions imposed on the movement of pilgrims through the traditional trekking path from Erumeli was under challenge in W.P.(C)No.40899 of 2022. The modified timings in the order dated 25.11.2022 are as follows: Sl.No Kanana Patha Timings 1 Sathram 7 am to 2 pm 2 Azhuthakkadavu 7 am to 2.30 pm 3 Mukkuzhi 7 am to 3.30 pm 16.2. The restrictions imposed on the movement of pilgrims through the traditional trekking path from Erumeli was under challenge in W.P.(C)No.40899 of 2022. In the said writ petition the petitioners have sought for a writ of mandamus commanding respondents 5 to 8 therein not to impose any restriction on the movement of devotees on the traditional trekking path from Erumeli, without consultation with Malayarayan tribal community and adversely affecting the traditional religious practices of that community and other devotees, or divert pilgrims to non-traditional paths to Sabarimala Temple, which is more onerous or restrictive than the restrictions on the two non-traditional paths. They have also sought for a writ of mandamus commanding respondents 1 to 4 therein to draw up a master plan for the protection and maintenance of Erumeli-Sannidhanam traditional path with due right of administration to the members of Malayarayan community and other communities, to maintain and protect the places of worship on that traditional path; and a writ of mandamus commanding the respondents therein to protect the rites, rituals and beliefs of the petitioners and members of Malayarayan tribal community, without imposing any illegal and unreasonable restrictions, on the movement of devotees to Sabarimala Temple through the traditional trekking path from Erumeli. 16.3. On 16.12.2022, when that writ petition came up for admission, the learned Senior Government Pleader, on instructions, from the concerned Forest officials and also the District Police Chief, Idukki, submitted that, restrictions have been imposed in the movement of pilgrims through the traditional trekking path mainly on account of the fact that the said path through Periyar Tiger Reserve, was not being used for the last more than two years. On 22.12.2022, during the course of arguments, the learned Senior Government Pleader has made available for the perusal of this Court, the route map of the traditional trekking path from Erumeli to Pamba, prepared by the Kerala Forest and Wildlife Department, marking the camera points, camp-sheds, the places where elephant squads are deployed and the locations of emergency medical centre and the health centre with doctor. 16.4. 16.4. By the judgment dated 22.12.2022 [2022/Ker/75522] this Court dismissed W.P.(C)No.40899 of 2022 holding that the restrictions regarding movement of Sabarimala pilgrims through the traditional trekking path, by fixing timings as per the order dated 25.11.2022 of the District Collector, Idukki, has been made in order to ensure the safety of pilgrims, which warrants no interference. Therefore, the request made by the petitioners in that writ petition to open up the traditional trekking path from Erumeli round the clock without any time restriction stands rejected. This Court held further that when the traditional trekking path is through Periyar Tiger Reserve, where passage of wild animals is on the higher side during night time, entry of pilgrims during Mandala-Makaravilakku festival season has to be regulated in an appropriate manner. When Periyar Tiger Reserve is a protected area, it has to be preserved as such. Therefore, this Court found that the request made by the petitioners for drawing up a master plan for the traditional trekking path, as sought for in that writ petition, deserves no consideration. Paragraphs 8 and 9 of that judgment read thus; “8. From the reports of the 6th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger Reserve, the temples referred to in Exts.P4 to P11 representations made by the petitioners are in thickly forested area, which is occupied by wild animals. This area falls under Periyar Tiger Reserve. Wild animals like, Tigers, Elephants, Wild Boar, Wild Bison, Bear, Leopard, etc., are crossing the trekking path. In the year 2019 and 2020, two cases were registered in Peruvanthanam Police Station regarding attack of wild elephants in the forest. Rescue operations, when the pilgrims have health problems, is comparatively difficult in this forest area and three cases were registered in the year 2019 and 2020 in connection with death of devotees due to heart attack. The passage of wild animals is on the higher side during night time. Vehicle facility is not possible in the forest area from 6.00 p.m. to 7.00 a.m. due to the presence of the wild animals. Therefore, restrictions on trekking time are highly essential to ensure the safety of pilgrims. The passage of wild animals is on the higher side during night time. Vehicle facility is not possible in the forest area from 6.00 p.m. to 7.00 a.m. due to the presence of the wild animals. Therefore, restrictions on trekking time are highly essential to ensure the safety of pilgrims. In the report of the 8th respondent Deputy Director Periyar Tiger Reserve, West Division, it is stated that, 15 Elephant Squads comprising of 4 persons in a group are deployed in the traditional trekking path, to ensure the safety of pilgrims. 26 permanent staff and 14 daily wage workers are also deployed on the traditional trekking path during pilgrimage season. Solar powered fence is erected in 8 Thavalams along the route to make the pilgrims safe. Artificial intelligence cameras are installed to track the movement of wild elephants and for alerting the pilgrims. Trekking through the traditional trekking path from Azhuthacadavu to Pamba takes a minimum of 9 hours. After 9.00 p.m., the pilgrims who have not crossed the destination will be accommodated in the ‘Viris’ in the nearby Thavalams, which are protected with Solar Powered fence. Trekking through this route will be dangerous between 6.00 p.m. and 7.00 a.m. due to the presence of the wild animals. Therefore, time restriction is highly essential for trekking in order to ensure the safety of pilgrims. 9. The facts disclosed from the reports of the 6th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger Reserve are not in serious dispute. Having considered the reports of the 6th and 8th respondents and perusing the route map of the traditional trekking path from Erumeli to Pamba prepared by the Kerala Forest and Wild Life Department, we are of the view that the restrictions regarding movement of Sabarimala pilgrims through the traditional trekking path, by fixing timings as specified in Ext.P3 order have been made in order to ensure the safety of the pilgrims, which warrants no interference. Therefore, the request made by the petitioners in Exts.P4 to P11 representations to open up traditional trekking path from Erumeli, round the clock, without any time restrictions, can only be rejected. When the traditional trekking path is through Periyar Tiger Reserve, where passage of wild animals is on the higher side during night time, entry of pilgrims during Mandala-Makaravilakku festival season has to be regulated in an appropriate manner. When the traditional trekking path is through Periyar Tiger Reserve, where passage of wild animals is on the higher side during night time, entry of pilgrims during Mandala-Makaravilakku festival season has to be regulated in an appropriate manner. When Periyar Tiger Reserve is a protected area, it has to be preserved as such. Therefore, the request made by the petitioners for drawing up a master plan for the traditional trekking path, as sought for in this writ petition, deserves no consideration.” 16.5. It is for the 5th respondent Principal Chief Conservator of Forests (Wildlife) and Chief Wildlife Warden to ensure, through the concerned Forest Officials, that adequate facilities are provided to Sabarimala pilgrims in the traditional trekking path from Erumeli and also at 8 Thavalams along that route, where ‘viri’ facility is provided to the pilgrims, during Mandala-Makaravilakku festival seasons, in order to ensure safe and secure movement of pilgrims through that trekking path. The District Collector, Idukki shall issue orders, regulating the movement of pilgrims through the trekking path, during Mandala-Makaravilakku festival seasons, fixing timings, depending upon the number of pilgrims. 17. Medical facilities for Sabarimala pilgrims:- On 21.12.2022, when this SSCR came up for consideration, the additional 15th respondent District Medical Officer (Health), Pathanamthitta, was directed to submit a report on the medical facilities provided to Sabarimala pilgrims during Mandala-Makaravilakku festival season of 1198 ME. In terms of the directions contained in that order, a detailed report dated 22.12.2022 of the District Medical Officer was placed on record, along with the memo filed by the learned Senior Government Pleader dated 22.12.2022. As per that report, the infrastructure provided for Sabarimala pilgrims includes Primary Health Centre at Nilakkal Base Camp, Multi-Speciality Hospitals at Pamba and Sannidhanam, Cardiology Centres at Neelimala and Appachimedu, Government Dispensary at Charalmedu along Swamy Ayyappan Road, Government Dispensary at Karimala (from 01.01.2023 till 14.01.2023), 14 Emergency Medical Centres along the trekking path from Pamba to Sannidhanam and 4 Emergency Medical Centres along trekking route from Erumeli to Pamba; ambulance network and mobile medical units at Nilakkal and Pamba. The mode of activities of the medical team, the Incident Response Protocol and also a detailed death review form part of the report of the District Medical Officer. 17.1. The mode of activities of the medical team, the Incident Response Protocol and also a detailed death review form part of the report of the District Medical Officer. 17.1. On 10.11.2022, when this SSCR came up for consideration, the learned Senior Government Pleader submitted that the entire medical team under the additional 15th respondent District Medical Officer (Health), Pathanamthitta, is rendering medical support to Sabarimala pilgrims, after evolving a detailed Incident Response Protocol, Emergency Casualty Plan, etc. 17.2. It is for the District Medical Officer (Health), Pathanamthitta, through the members of medical and para medical team deployed for Sabarimala duty, to ensure that necessary infrastructure and adequate medical facilities are provided to Sabarimala pilgrims at Nilakkal, Pamba and Sannidhanam, during Mandala-Makaravilakku festival seasons, after evolving detailed Incident Response Protocol, emergency casualty plan, etc., which shall be made available for the perusal of this Court, at the time of consideration of the report of the Special Commissioner, Sabarimala, for the next Mandala-Makaravilakku festival season. Adequate medical facility shall also be provided to Sabarimala pilgrims in the traditional trekking path from Erumeli. 18. Spot-booking facility at Nilakkal and other centres:- Pursuant to the directions contained in the order of this Court in Suo Motu v. Travancore Devaswom Board [2022 (7) KHC SN 5], the Board has taken over the ownership and management of the Virtual-Q system. The pilgrims intending to have darshan can book tickets in advance through the portal www.sabarimalaonline.org, which is presently managed by the Information Technology Wing of Board, with the technical support of Tata Consultancy Services Ltd. In addition to online booking, spot-booking facility is provided at the following 12 major centres under the Board; (i) Sreekanteswarapuram Temple, Thiruvananthapuram (ii) Kottarakkara Ganapathi Temple (iii) Pandalam Valiyakoikkal Temple (iv) Chengannur Railway Station (v) Ettumanoor Mahadeva Temple (vi) Vaikkom Siva Temple (vii) Keezhillam (viii) Perumbavoor (ix) Erumeli (x) Nilakkal Mahadeva Temple (xi) Cheriyanavattom (xii) Vandiperiyar Sathram 18.1. It is for the Travancore Devaswom Board to ensure spot booking facilities at major centres, in addition to online booking, during Mandala-Makaravilakku festival seasons. If found necessary, the Board shall expand the spot booking network. The Board shall give wide publicity, through print and visual media, of the spot-booking facility available during Mandala-Makaravilakku festival seasons. 19. It is for the Travancore Devaswom Board to ensure spot booking facilities at major centres, in addition to online booking, during Mandala-Makaravilakku festival seasons. If found necessary, the Board shall expand the spot booking network. The Board shall give wide publicity, through print and visual media, of the spot-booking facility available during Mandala-Makaravilakku festival seasons. 19. Fixation price of food items in the eateries:- On 10.11.2022, when this SSCR came up for consideration, the learned Senior Government Pleader submitted that the 4th respondent District Collector, Pathanamthitta has already issued a notification fixing the price of food items in the eateries, during Mandala-Makaravilakku festival season of 1198 ME. In Karthigesu K. and others v. State of Kerala and others [ 2015 (3) KHC 323 ] a Division Bench of this Court held that the said judgment, whereby the price lists published by the District Collector, Pathanamthitta, fixing the price of various food stuffs in the hotels and restaurants in Pathanamthitta District during Sabarimala pilgrimage season 2013-14 and 2014-15 was set aside, will not stand in the way of the District Collector, Pathanamthitta or the Travancore Devaswom Board from fixing the price of food stuffs in the hotels and restaurants in Sabarimala, Pamba, etc., which are temporarily put up during each pilgrimage season, on the strength of the permission/licence granted by the Board. 19.1. It is for the District Collector, Pathanamthitta to fix the price of food stuffs in the eateries in Sabarimala, Pamba, etc., which are temporarily put up during each pilgrimage season, on the strength of the permission/licence granted by the Travancore Devaswom Board. The notification in this regard shall be issued at least one month prior to the commencement of the next Mandala-Makaravilakku festival season. Taking into account the fact that large number of pilgrims from North India and neighbouring States of Tamil Nadu, Karnataka and Andhra Pradesh visit Sabarimala during every pilgrimage season, the District Administration/ Enforcement Officers exercising the powers under the Kerala Food Stuffs (Display of Prices by Catering Establishments) Order, 1977 shall insist on display of price list of food stuffs in all eateries in Sabarimala, Pamba, etc., in English, Hindi, Kannada and Telugu, in addition to Malayalam. The Enforcement Wing of the Food Safety Department shall conduct periodical inspections at the eateries during Mandala-Makaravilakku festival seasons and also during Maasa poojas. 20. The Enforcement Wing of the Food Safety Department shall conduct periodical inspections at the eateries during Mandala-Makaravilakku festival seasons and also during Maasa poojas. 20. Annadhanam at Sabarimala, Pamba and Nilakkal:- On 14.11.2022 when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that, as stated in the counter affidavit filed in W.P.(C)No.35827 of 2022, the Board has constructed an Annadanam Hall at Sannidhanam with more than 1,40,000 sq. ft. area, with seating facility for 2,000 pilgrims at a time. The Board has made all arrangements for providing Annadanam to pilgrims throughout the day. Breakfast, lunch and supper will be given to the pilgrims throughout the day. Annadanam will be provided day and night continuously, with a short intermittent break of 30 minutes for cleaning and arranging the hall and the tables. The Board is expecting approximately 30,000 to 35,000 pilgrims per day for Annadanam. The Board has sufficient facilities to provide Annadanam to more persons, in the case of high footfall. The tender process for the supply of vegetables and other materials for the preparation of food is in the final stage. Sufficient number of workers and staff are being arranged for the preparation and distribution of food. A Special Officer has been appointed in Sabarimala for the conduct of Annadanam efficiently and without giving room for any complaint. Upma and Kadala, Chukku kappi and Chukku vellam will be given for breakfast in the morning from 6.00 a.m. onwards. Meals with Ponni rice, Sambar, Aviyal, Thoran and Pickle/Vegetable Pulav, Salad and Pickle will be given for lunch from 12.00 noon onwards. Kuthari Kanji, Cherupayar curry and Pickle/Upma and Kadala will be given for supper in the evening from 6.00 p.m. onwards till the last person leaves Sannidhanam. The Board has also constructed a two-storied Annadanam Hall at Pampa, which has the capacity to provide food for 500 pilgrims at a time. Annadanam Hall at Nilakkal has the capacity to provide food for 200 pilgrims at a time. The same dishes are being given in Pampa and Nilakkal. The Board has also made arrangements to provide sufficient quantity of drinking water and ‘Chukkuvellam’ to the pilgrims at Annadanam halls and also at different points throughout the trekking path from Pamba to Sannidhanam. 20.1. The same dishes are being given in Pampa and Nilakkal. The Board has also made arrangements to provide sufficient quantity of drinking water and ‘Chukkuvellam’ to the pilgrims at Annadanam halls and also at different points throughout the trekking path from Pamba to Sannidhanam. 20.1. In the order dated 14.11.2022 in this SSCR, this Court has made it clear that, as ordered in W.P.(C)No.35827 of 2022, the Assistant Executive Officer, Sabarimala, who is in the rank of Assistant Devaswom Commissioner, shall monitor the entire activities relating to Annadanam at Sabarimala and the Administrative Officers at Pamba and Nilakkal shall monitor the entire activities relating to Annadanam at Pamba and Nilakkal. In case of any shortfall in the conduct of Annadanam at Sannidhanam, Pamba or Nilakkal, the same shall be reported to the Special Commissioner, Sabarimala, who shall bring it to the notice of this Court for immediate interference. 20.2. It is for the Travancore Devaswom Board to take necessary steps to ensure proper arrangements for providing Annadanam to pilgrims throughout the day, during Mandala-Makaravilakku festival seasons and also during Maasa poojas in the Annadanam halls at Sannidhanam, Pamba and Nilakkal. The Assistant Executive Officer, Sabarimala shall monitor the entire activities relating to Annadanam at Sabarimala and the Administrative Officers at Pamba and Nilakkal shall monitor the entire activities relating to Annadanam at Pamba and Nilakkal. Any shortfall in the conduct of Annadanam shall be reported to the Special Commissioner, Sabarimala, who shall bring it to the notice of this Court for immediate interference. 21. Repair and maintenance works, toilet facilities, etc. at Sannidhanam, Pamba and Nilakkal:- On 10.11.2022, when this SSCR came up for consideration, the learned Standing Counsel for the Travancore Devaswom Board submitted that the repair and maintenance works at Sannidhanam, Pamba and Nilakkal will be completed by 16.11.2022. The works relating to the laying of granite stones and providing handrails in the traditional path are also nearing completion. Toilet facilities at Nilakkal, Pamba and Sannidhanam have already been auctioned. All sanitation facilities shall be inspected on 16.11.2022, in order to ensure that it is maintained clean and hygiene. 21.1. The works relating to the laying of granite stones and providing handrails in the traditional path are also nearing completion. Toilet facilities at Nilakkal, Pamba and Sannidhanam have already been auctioned. All sanitation facilities shall be inspected on 16.11.2022, in order to ensure that it is maintained clean and hygiene. 21.1. On 15.11.2022, when this SSCR came up for consideration, the Special Commissioner, Sabarimala has filed a report dated 15.11.2022, wherein it was stated that the Assistant Engineers of the Travancore Devaswom Board and the Assistant Engineer (Environmental) have inspected the toilets at Sabarimala, Pamba and Nilakkal and also the toilets enroute the trekking path from Pamba to Sannidhanam and submitted the status reports of the maintenance work. In the order dated 15.11.2022 this Court noticed that cleaning of about 98% of the toilet facilities at Sannidhanam, Pamba and Nilakkal has already been completed and those toilet blocks have already been auctioned. Based on the suggestion made by the Special Commissioner, Sabarimala, it was ordered that, in case any pay-and-use toilets and container toilets at Pamba and Nilakkal remain unauctioned, its day-today cleaning can be carried out by re-deploying sufficient number of volunteers from Sabarimala Sanitation Society, till such facilities are auctioned, and the pilgrims can be permitted to use such toilets free of cost. The 4th respondent District Collector, Pathanamthitta, who is in charge of Sabarimala Sanitation Society was directed to ensure re-deployment of sufficient number of volunteers from Sabarimala Sanitation Society. The Executive Engineer, Maramath wing of the Board and the Assistant Engineer (Environmental) were directed to conduct periodical inspections of the toilet facilities at Nilakkal, Pamba and Sannidhanam and also the bio-toilets on the trekking path from Pamba to Sannidhanam. 21.2. It is for the Travancore Devaswom Board, through the Executive Engineer, Maramath wing and also the Assistant Engineer (Environmental) to ensure that the maintenance/cleaning work of toilet facilities at Nilakkal, Pamba and Sannidhanam is completed at least one week before the commencement of Mandala-Makaravilakku festival seasons. In case any pay-and-use toilets or container toilets at Pamba and Nilakkal remain unauctioned at the commencement of Mandala-Makaravilakku festival season, the District Collector, Pathanamthitta, who is in charge of Sabarimala Sanitation Society, shall re-deploy sufficient number of volunteers, who shall carry out its day-today cleaning, till such facilities are auctioned. Till such time, the pilgrims shall be permitted to use such toilets, free of cost. Till such time, the pilgrims shall be permitted to use such toilets, free of cost. During the Mandala-Makaravilakku festival seasons and also during masa poojas, the Executive Engineer, Maramath wing and also the Assistant Engineer (Environmental) shall conduct periodical inspections of the toilet facilities at Nilakkal, Pamba and Sannidhanam and also the bio-toilets on the trekking path from Pamba to Sannidhanam. Any shortfall in the maintenance of toilet facilities at Nilakkal, Pamba, Sannidhanam and also on the trekking path shall be brought to the notice of this Court by the Special Commissioner, Sabarimala for appropriate orders. 22. Crowd Management at Pamba and Sannidhanam:- In terms of the order of this Court in Suo Motu v. Travancore Devaswom Board and others [2022 (7) KHC SN 5], verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. For effective crowd management during festival seasons and also Maasa poojas the Kerala Police should have access to the database in Virtual-Q system. When specific threat inputs have been received in respect of Sabarimala Temple, the Kerala Police will have to take preventive action after screening and verifying the database. 22.1. In various orders passed by this Court in this SSCR, it was made clear that, the Police shall take special care in the case of aged persons, persons with disabilities and also minor children. By the order dated 16.12.2022 this Court directed the Travancore Devaswom Board, the District Administration and also the District Police to introduce a special queue for senior citizens, persons with disabilities, children below the age of 10 years and also persons having health issues, at the earliest. It was also ordered that a place shall be earmarked at Sannidhanam, where persons in the special queue can wait for their group members. The information about the waiting place shall be made known to the pilgrims through public address system. 22.2. On 19.12.2022, when this SSCR came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board submitted that, in terms of the order of this Court dated 16.12.2022, special queue for senior citizens, persons with disabilities and also children below the age of 10 years has already been introduced at Sannidhanam from 18.12.2022 onwards. By the order dated 20.12.2022, this Court directed the Chief Police Coordinator and also the Additional Police Coordinators at Pamba and Sannidhanam to regulate crowd management at Sabarimala in an appropriate manner, in order to ensure that all the devotees have a comfortable darshan at Sannidhanam. It was ordered that, when the tail end of the queue is beyond the Nadappanthal at Sannidhanam, the Police shall regulate the movement of pilgrims through ‘Pathinettampadi’, in an appropriate manner, in order to ensure that it reaches the bench-mark of 4800 pilgrims per hour, subject to special care for aged persons, persons with disability and children below the age of 10 years. 22.3. On 23.12.2022, when this SSCR came up for consideration, the learned Senior Government Pleader has made available for the perusal of this Court a detailed report of the Chief Police Co-ordinator, Sabarimala on crowd management and security arrangements at Sabarimala. As per the said report, during the Mandala-Makaravilakku festival season of 1198 ME, large number of senior citizens, women and children had darshan at Sannidhanam, including persons with disabilities and those having health issues. As a result, in spite of the best efforts of the Police personnel, the maximum number of pilgrims climbing ‘Pathinettampadi’ is 4200 per hour. Having considered the report of the Chief Police Co-ordinator, this Court by the order dated 23.12.2022, directed the Police to regulate the movement of pilgrims through ‘Pathinettampadi’, in an appropriate manner, in order to ensure that the pilgrims have a comfortable climb as per their physical capacity, with the assistance of the Police personnel posted at ‘Pathinettampadi’. 22.4. In the report of the Chief Police Co-ordinator, Sabarimala, it is stated that the optimal and safe position for the tail end of the queue is at the end of queue complex in Saramkuthi-Marakkoottam sector. This will ensure that Marakkoottam X-Cross junction is kept congestion free for the outflow of pilgrims, ambulance service and other emergency services. The crowd holding capacity from Marakkoottam to Sopanam and also the row system at the Nadappanthal are furnished in the report of the Chief Police Co-ordinator. The said report also deals with crowd management at Pamba. This will ensure that Marakkoottam X-Cross junction is kept congestion free for the outflow of pilgrims, ambulance service and other emergency services. The crowd holding capacity from Marakkoottam to Sopanam and also the row system at the Nadappanthal are furnished in the report of the Chief Police Co-ordinator. The said report also deals with crowd management at Pamba. Having considered the said report, this Court by the order dated 23.12.2022 directed the Chief Police Co-ordinator and the Additional Chief Police Coordinators at Sannidhanam and Pamba and also the District Collector, Pathanamthitta, to monitor crowd management at regular intervals and take appropriate measures, in consultation with the Travancore Devaswom Board and also the Special Commissioner, Sabarimala, when the tail end of the queue goes beyond the Nadappanthal at Sannidhanam. The movement of pilgrims through Pathinettampadi shall also be regulated in an appropriate manner, causing least inconvenience to the pilgrims, when the tail end of the queue goes beyond the Nadappanthal at Sannidhanam. 22.5. It is for the Chief Police Coordinator, Sabarimala, through the Joint Police Coordinator and the Additional Police Coordinators to regulate crowd management at Sabarimala during Mandala-Makaravilakku festival seasons, in an appropriate manner, in order to ensure that all the devotees have a comfortable climb and darshan at Sannidhanam. The Board shall made necessary arrangements for a special queue for senior citizens, persons with disabilities, children below the age of 10 years and persons having health issues. A place shall be earmarked at Sannidhanam, where persons in the special queue can wait for their group members. The Police and the District Administration shall monitor crowd management at regular intervals and take appropriate measures, in consultation with the Travancore Devaswom Board and also the Special Commissioner, Sabarimala, in order to maintain the optimal and safe position for the tail end of the queue at the end of queue complex in Sarmkuthy and Marakkoottam sector, so that Marakkottam X-Cross junction is kept congestion free for outflow of pilgrims, ambulance service and other emergency services. 23. Crowd and vehicle management at Nilakkal:- In the order dated 23.12.2022, this Court noticed the stand taken in paragraph 3 of the report of the Chief Police Co-ordinator that during rush hours vehicle flow at Nilakkal is managed by ‘hold and release’ mechanism at 11 places mentioned in the said report, where basic facilities are available for the pilgrims. 23. Crowd and vehicle management at Nilakkal:- In the order dated 23.12.2022, this Court noticed the stand taken in paragraph 3 of the report of the Chief Police Co-ordinator that during rush hours vehicle flow at Nilakkal is managed by ‘hold and release’ mechanism at 11 places mentioned in the said report, where basic facilities are available for the pilgrims. The total vehicle parking capacity at those places is 2250. The Additional District Magistrate, Sabarimala has directed the parking contractor to deploy adequate staff for ensuring systematic parking and issuance of parking tickets in the parking grounds itself, instead of Nilakkal-Palliyarakkave road near u-turn, which leads to a long queue of vehicles in the main road, resulting traffic block during heavy pilgrim inflow. By the order dated 23.12.2022, this Court directed the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta to ensure proper crowd and vehicle management at Nilakkal, during Mandala-Makaravilakku festival season of 1198 ME. 23.1. It is for the Chief Police Co-ordinator, through the Joint Police Coordinator and Additional Police Coordinators to regulate vehicle flow at Nilakkal by ‘hold and release’ mechanism, as stated in the report of the Chief Police Coordinator, holding vehicles at various places where basic facilities are available for Sabarimala pilgrims. The Travancore Devaswom Board shall ensure that the parking contractor at Nilakkal is deploying adequate staff to ensure systematic parking of vehicles in the parking grounds and collection of parking fee in the parking grounds itself. The management of vehicle flow through ‘hold and release’ mechanism shall be announced through public address system, for the information of the pilgrims. 24. Crowd management and pilgrim facilities in Makarajyothi view points:- The District Collector, Idukki conducted an inspection on 12.01.2023, in order to ensure that proper facilities are provided to Sabarimala pilgrims at Makarajyothi view points in Idukki District. Insofar as Makarajyothi view points in Pathanamthitta District are concerned, the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta have conducted inspection on 13.01.2023 and issued necessary directions to strengthen the barricades at some view points, which have already been carried out. Ambulance facilities are provided in almost all view points, except Appachimedu and Neelimala. Sufficient drinking water facilities are provided in all Makarajyothi view points. Ambulance facilities are provided in almost all view points, except Appachimedu and Neelimala. Sufficient drinking water facilities are provided in all Makarajyothi view points. On 13.01.2023 when this SSCR was taken up for consideration at 4.00 p.m., the learned Senior Government Pleader submitted that the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta have identified additional parking grounds at Angamuzhy in Seethathodu Grama Panchayat, where 500 vehicles can be parked. Parking places are identified at Chittar and Maniyar within Chittar Grama Panchayat, where 300 vehicles each can be parked. An additional parking place at Vadasserikkara has also been identified. By the order dated 13.01.2023 this Court directed the Secretary of Seethathodu Grama Panchayat and also the Secretary of Chittar Grama Panchayat to render necessary assistance to the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta in providing additional parking facilities at Angamuzhy, Chittar and Maniyar. It was ordered that once the parking place at Nilakkal is full, the District Police shall divert the vehicles to the additional parking grounds identified and that the direction in this regard shall be made known to the pilgrims through the Public Address System at Nilakkal. 24.1. It is for the District Administration to ensure that proper facilities are provided to pilgrims at Makarajyothi view points in Idukki District and Pathanamthitta District on the Makarajyothi day. One week prior to the Makarajyothi day the concerned District Collector/District Police Chief shall conduct inspection of the view points, in order to ensure that the view points are provided with proper barricades to ensure the safety of the pilgrims, that ambulance facility is provided in view points except Apachimedu and Neelimala and that sufficient drinking water facility is provided in all view points. The District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta shall identify additional parking grounds in Seethathode Grama Panchayat and Chittar Grama Panchayat for parking vehicles on Makarajyothi day. Once the parking grounds at Nilakkal are full, the District Police Chief shall divert the vehicles to the additional parking grounds. 25. KSRTC buses for Sabarimala Pilgrims and Nilakkal-Pamba Chain Service:- On 10.11.2022, when this SSCR came up for consideration, the learned Standing Counsel for the 7th respondent KSRTC submitted that KSRTC shall provide sufficient number of buses for the movement of Sabarimala pilgrims, during Mandala-Makaravilakku festival season of 1198 ME, from various depots in Kerala. 25. KSRTC buses for Sabarimala Pilgrims and Nilakkal-Pamba Chain Service:- On 10.11.2022, when this SSCR came up for consideration, the learned Standing Counsel for the 7th respondent KSRTC submitted that KSRTC shall provide sufficient number of buses for the movement of Sabarimala pilgrims, during Mandala-Makaravilakku festival season of 1198 ME, from various depots in Kerala. KSRTC shall provide sufficient number of buses for Nilakkal-Pamba chain service. In the first phase, from 15.11.2022 to 04.12.2022, KSRTC will provide 300 buses, which will include 40 AC low-floor buses and 80 non-AC low-floor buses. In the second phase from 05.12.2022 to 13.01.2023, KSRTC will provide 500 buses and in the third phase from 14.02.2023 to 16.02.2023, KSRTC will provide 1000 buses. 25.1. By the order dated 10.11.2022 in this SSCR, this Court directed that a detailed report of the 7th respondent on the transportation facilities for Sabarimala pilgrims during Mandala-Makaravilakku festival season of 1198 ME and also on the deployment of buses for Nilakkal-Pamba chain service shall be placed on record by 14.11.2022. By the said order, the Enforcement Wing of the Motor Vehicles Department and the Police were directed to ensure that the operation of contract carriages, regardless of the State of registration, and the operation of buses by KSRTC/KUSRTC, etc., for the movement of Sabarimala pilgrims are strictly in compliance of the directions contained in the orders of this Court in SSCR No.20 of 2021, i.e., order dated 10.01.2022 [2022 SCC OnLine Ker 1105], order dated 26.05.2022 [2022 SCC OnLine Ker 2906], order dated 06.10.2022 [2022 SCC OnLine Ker 4898], order dated 10.10.2022 [ 2022 (6) KHC 435 ] and also the orders dated 14.10.2022 and 21.10.2022. By the said order, the Executive Engineer, Sabarimala Development Project was directed to install temporary CCTV cameras at the boarding points at Nilakkal and Pamba, in order to ensure that the vehicles used for Nilakkal-Pamba chain service by KSRTC are carrying only passengers within the permissible limit, as per permit conditions, and also to ensure the availability of a sufficient number of vehicles at the boarding points at Nilakkal and Pamba. It was ordered that, any shortfall in Nilakkal-Pamba chain service by KSRTC shall be brought to the notice of the Special Commissioner, Sabarimala, who shall file reports before this Court in this SSCR, seeking appropriate directions. 25.2. It was ordered that, any shortfall in Nilakkal-Pamba chain service by KSRTC shall be brought to the notice of the Special Commissioner, Sabarimala, who shall file reports before this Court in this SSCR, seeking appropriate directions. 25.2. By the order dated 10.11.2022 in this SSCR, the Police and the Enforcement Wing of the Motor Vehicles Department were directed to have a constant vigil on the movement of Sabarimala pilgrims in Nilakkal-Pamba chain service by KSRTC. As directed in the communication dated 21.10.2022 of the Transport Commissioner, Kerala, which has been referred to in the order dated 21.10.2022 in SSCR No.20 of 2021, the Police and the Enforcement Wing of the Motor Vehicles Department were directed to ensure strict compliance of clauses (a) to (g) of Rule 93 of the Kerala Motor Vehicles Rules, 1989 in respect of all transport vehicles, including the vehicles operated by KSRTC/KUSRTC. It was further ordered that, the particulars regarding the number of passengers for whom accommodation is provided, the date of expiry of the permit and the date of expiry of the certificate of fitness, etc., shall be exhibited on the left-hand side of the vehicle in English letters and numerals, each not less than two and a half centimetres square, legibly painted either on a plane surface of the vehicle or a plate or plates affixed to it, as per the mandate of Rule 93 of the Kerala Motor Vehicles Rules. 25.3. In terms of the direction contained in the order dated 10.11.2022 in this SSCR, temporary CCTV cameras have been installed at Nilakkal and Pamba, in order to ensure the availability of sufficient number of KSRTC vehicles at the boarding points at Nilakkal and Pamba and also to ensure that the vehicles used for Nilakkal-Pamba chain service are carrying only passengers within the permissible limit. It was brought to the notice of this Court that the temporary CCTV cameras are operational from 16.11.2022. The learned Standing Counsel for KSRTC brought to the notice of this Court that the entire operations of KSRTC buses at Nilakkal and Pamba are under the control of a Special Officer. 25.4. It was brought to the notice of this Court that the temporary CCTV cameras are operational from 16.11.2022. The learned Standing Counsel for KSRTC brought to the notice of this Court that the entire operations of KSRTC buses at Nilakkal and Pamba are under the control of a Special Officer. 25.4. During the pendency of this SSCR and DBP, based on a complaint dated 26.11.2022 from one Sri.K.S.Sudheeran, pointing out the difficulties faced by the pilgrims at Nilakkal and Pamba in the absence of a queue system for passengers in Nilakkal-Pamba chain service of KSRTC, this Court passed various orders. On 03.12.2022 it was brought to the notice of this Court by the learned Standing Counsel for KSRTC that, at Nilakkal KSRTC is having 10 booking counters, out of which one counter is exclusively for senior citizens and persons with disabilities and another counter for group booking. The learned Standing Counsel for Travancore Devaswom Board brought to the notice of this Court that, in addition to the booking counters at Nilakkal, KSRTC has already been provided with another booking counter at Thriveni-Pamba. By the order dated 06.12.2022, this Court directed the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta to make proper arrangements, in consultation with the Special Commissioner, Sabarimala and also the concerned officer of the Travancore Devaswom Board to avoid congestion of pilgrims at the boarding points of KSRTC chain service at Thriveni-Pamba and Nilakkal. The learned Standing Counsel for Travancore Devaswom Board submitted that temporary CCTV cameras are provided at the boarding points of KSRTC at Nilakkal and Pamba (9 at Nilakkal and 12 at Pamba), which are being monitored in the Police Control Rooms at Nilakkal and Pamba. By the order dated 03.12.2022, this Court directed the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta to ensure strict compliance of the directions contained in the orders of this Court in this SSCR and DBP by the KSRTC, in order to ensure availability of sufficient number of KSRTC buses at the boarding points at Nilakkal and Pamba and that, vehicles used in KSRTC chain service are carrying only passengers within the permissible limits. The Police was directed to ensure that senior citizens and persons with disabilities are permitted entry through the front door of the buses used for KSRTC chain service, to the extent possible, before the entry of others. The Police was directed to ensure that senior citizens and persons with disabilities are permitted entry through the front door of the buses used for KSRTC chain service, to the extent possible, before the entry of others. The Police was also directed to take care of the children of tender age. By the order dated 19.12.2022, after taking note of the stand taken by the District Collector, Pathanamthitta in the statement dated 18.12.2022, this Court directed KSRTC to provide temporary barricades in front of the ticket counters at Thriveni-Pamba, in order to avoid crowding and chaos of pilgrims while boarding the buses. By the said order, it was ordered that at least 3 buses without passengers should wait at Thriveni-Pamba for the pilgrims in the normal hours, which should be increased up to 10 buses in peak hours. 25.5. By the order dated 19.12.2022 in this SSCR, the learned Standing Counsel for KSRTC was directed to get instructions as to providing adequate number of Conductors and Inspectors at Thriveni-Pamba to issue tickets to pilgrims who have not booked tickets and also for verification of tickets. On 20.12.2022, when this SSCR came up for consideration, the learned Standing Counsel for KSRTC submitted that the Special Officer, Pamba has already deployed 16 Conductors and 3 Inspectors at the KSRTC boarding point at Thriveni-Pamba for verification of tickets. By the order dated 20.12.2022, this Court directed the District Collector, Pathanamthitta and also the District Police Chief, Pathanamthitta to take necessary steps to ensure that sufficient number of buses, Conductors and Inspectors are provided by KSRTC at the boarding point at Thriveni-Pamba, in order to avoid crowding and chaos of the pilgrims while boarding the buses and also to avoid the pilgrims waiting for the buses. It was ordered that any shortfall in providing sufficient number of buses, Conductors/Inspectors for verification of tickets, etc., shall be brought to the notice of this Court through the Special Commissioner, Sabarimala for interference. By the order dated 23.12.2022, this Court directed the Enforcement Wing of the Motor Vehicles Department to take necessary steps to ensure that the operation of buses by KSRTC for the movement of Sabarimala pilgrims is strictly in compliance with the directions contained in the orders of this Court in this SSCR and also the orders in SSCR No.20 of 2021 and that, all vehicles have valid Fitness Certificate. The District Collector, Pathanamthitta, the District Police Chief, Pathanamthitta and also the Special Police Officer, Pamba, were directed to take necessary steps to ensure strict compliance of the above directions issued by this Court, during Mandala-Makaravilakku festival season of 1198 ME. 25.6. It is for the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta to take necessary steps to ensure availability of sufficient number of KSRTC vehicles at the boarding points at Nilakkal and Pamba during Mandala-Makaravilakku festival seasons. The Police and the Enforcement Officers in the Motor Vehicles Department shall ensure that the vehicles used for Nilakkal-Pamba chain service are carrying only passengers within the permissible limit. One week prior to the commencement of Mandala-Makaravilakku festival season, the Executive Engineer, Sabarimala Development Project shall install sufficient number of temporary CCTV cameras at the KSRTC boarding points at Nilakkal and Pamba, which shall be monitored in the Police Control Rooms at Nilakkal and Pamba. The directions contained in the orders of this Court in this SSCR and DBP No.85 of 2022, which has already been disposed of by the order dated 10.01.2023, shall be complied with in letter and spirit by all concerned to avoid crowding and chaos of pilgrims while boarding the buses and also to avoid pilgrims waiting for the buses. The Enforcement Officers in the Motor Vehicles Department shall ensure that all vehicles operated by KSRTC in connection with Mandala-Makaravilakku festival seasons are having valid fitness certificate and that the operation of such vehicles is in strict compliance with the directions contained in the orders of this Court in this SSCR and also the orders in SSCR No.20 of 2021, which will be subject to the interim order granted by the Apex Court on 09.01.2023 in SLP(C)No.23478 of 2022, which relates to display of advertisements on KSRTC buses. Insofar as the collection of 30% additional fare during festival season and 25% additional fare in Ghat sector, in terms of G.O(P)No.17/2022/Trans. dated 30.04.2022 is concerned, it is the subject matter in DBP No.74 of 2022, which is still pending consideration. 26. Insofar as the collection of 30% additional fare during festival season and 25% additional fare in Ghat sector, in terms of G.O(P)No.17/2022/Trans. dated 30.04.2022 is concerned, it is the subject matter in DBP No.74 of 2022, which is still pending consideration. 26. Road Safety - Sabarimala Safe Zone Project:- By the order dated 14.11.2022 in this SSCR and DBP this Court directed the Enforcement Wing of the Motor Vehicles Department and the Police to ensure that the operation of contract carriages, regardless of the State of registration, the operation of buses by KSRTC/KURTC, etc., and also other motor vehicles used for the movement of Sabarimala pilgrims is strictly in compliance with the directions contained in the orders of this Court in SSCR No.20 of 2021, i.e., order dated 10.01.2022 [2022 SCC OnLine Ker 1105], order dated 26.05.2022 [2022 SCC OnLine Ker 2906], order dated 06.10.2022 [2022 SCC OnLine Ker 4898], order dated 10.10.2022 [ 2022 (6) KHC 435 ] and also the orders dated 14.10.2022 and 21.10.2022. In the report dated 23.11.2022 of the additional 13th respondent Transport Commissioner, Kerala, it is stated that, the directions contained in the orders of this Court in SSCR No.20 of 2021 are being followed strictly, in order to ensure smooth and safe movement of Sabarimala pilgrims during Mandala-Makaravilakku festival season of 1198 ME. The Transport Commissioner has already addressed the Transport Commissioners of other States, namely, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Maharashtra and Goa, with a copy of the order dated 10.11.2022 in SSCR No.23 of 2022, requesting to follow the directions issued by this Court for the safe movement of the Sabarimala pilgrims. 26.1. By the order dated 19.11.2022 in this SSCR, this Court directed the Police and the Enforcement Wing of the Motor Vehicles Department to ensure strict compliance of the directions contained in the orders of this Court, in letter and spirit, in respect of all motor vehicles, including the vehicles carrying Sabarimala pilgrims. 26.1. By the order dated 19.11.2022 in this SSCR, this Court directed the Police and the Enforcement Wing of the Motor Vehicles Department to ensure strict compliance of the directions contained in the orders of this Court, in letter and spirit, in respect of all motor vehicles, including the vehicles carrying Sabarimala pilgrims. The concerned officers in the Enforcement Wing of the Motor Vehicles Department, within the area of the respective Edathavalams/Temples in which facilities are provided for Sabarimala pilgrims, were directed to give awareness to the drivers of the vehicles carrying Sabarimala pilgrims, especially contract carriages and other vehicles from the neighbouring States, as to the road condition and also the safe practice that has to be followed, in order to avoid any untoward incidents, in the Ghat sector of the roads leading to Pamba. They were also directed to take measures to sensitize the erring drivers. 26.2. The Enforcement Wing of the Motor Vehicles Department and the Police shall take necessary steps to ensure strict compliance of the directions contained in the orders of this Court, referred to hereinbefore, in letter and spirit, in respect of all motor vehicles, including KSRTC buses carrying Sabarimala pilgrims, subject to the interim order granted by the Apex Court on 09.01.2023 in SLP(C)No.23478 of 2022, which relates to display of advertisements on KSRTC buses, in order to ensure safe and smooth movement of Sabarimala pilgrims and other road users during Mandala-Makaravilakku festival seasons. The 2nd respondent State Police Chief and the additional 13th respondent Transport Commissioner shall take necessary steps in this regard. 27. Transport vehicles including KSRTC buses decorated with flowers and leaves:- In the order dated 15.11.2022 in this SSCR, this Court re-produced two screenshots taken from a news item that appeared in online media regarding two motor vehicles used for the transportation of Sabarimala pilgrims during the Mandala-Makaravilakku festival season of 1997 ME (2021-22), which are re-produced hereunder; In the order dated 15.11.2022, this Court held that such vehicles cannot be permitted to be used in public place for carrying Sabarimala pilgrims or any other passengers. Similarly, goods carriages cannot be permitted to be used in public place for carrying Sabarimala pilgrims or any other passengers. Similarly, goods carriages cannot be permitted to be used in public place for carrying Sabarimala pilgrims or any other passengers. Therefore, by the order dated 15.11.2022, this Court directed the Enforcement Officers in the Motor Vehicles Department and also the Police to prevent the use of such vehicles in the public place, flouting the safety standards and also the standards relating to control of noise referred to in the orders of this Court in SSCR No.20 of 2021. 27.1. In the order dated 19.11.2022, this Court noticed that similar activities are being undertaken during Mandala-Makaravilakku festival season of 1198 ME (2022-23), on transport vehicles, including vehicles operated by KSRTC. A screenshot of a KSRTC bus decorated with flowers, which was re-produced in the order dated 15.11.2022 is re-produced hereunder; 27.2. On 19.11.2022, during the course of arguments, the learned Standing Counsel for KSRTC submitted that the vehicle in question is operated from Attingal Depot to Pamba, which was decorated by the Temple Advisory Committee of Chirayankeezh Sarkara Temple. The learned Standing Counsel further submitted that such practice is being followed in some other Depots as well. 27.3. In the order dated 19.11.2022, this Court made it clear that the directions contained in the orders of this Court in SSCR No.20 of 2021 and also that contained in the orders in this SSCR have to be scrupulously followed by all concerned. Therefore, the Police and the Enforcement officers in the Motor Vehicles Department shall not permit any activity similar to that in the photographs re-produced hereinbefore in any motor vehicle, which is used in a public place. The use of such vehicles in public place causes distraction to other road users, especially the drivers of other vehicles, thereby causing threat to the safety of passengers in that vehicle and also other road users. 27.4. It is for the Enforcement Officers in the Motor Vehicles Department and also the Police to prevent any activity similar to that in the screenshots referred to hereinbefore at paragraphs 27 and 27.1. in any motor vehicle, which is used in a public place for carrying Sabarimala pilgrims, during Mandala-Makaravilakku festival seasons. 27.4. It is for the Enforcement Officers in the Motor Vehicles Department and also the Police to prevent any activity similar to that in the screenshots referred to hereinbefore at paragraphs 27 and 27.1. in any motor vehicle, which is used in a public place for carrying Sabarimala pilgrims, during Mandala-Makaravilakku festival seasons. It is made clear that, the order of stay granted by the Apex Court on 09.01.2023 in SLP(C)No.23478 of 2022, which relates to display of advertisements on KSRTC buses, will not enable KSRTC to operate its vehicles after decorating the same in the manner, as seen in the screenshot re-produced hereinbefore at paragraph 27.1, openly flouting the safety standards relating to light, light-signalling devices and retro-reflectors in AIS-008, the requirements of display of registration mark in the manner specified in Rules 50 and 51 of the Central Motor Vehicles Rules, 1989, etc. 28. Entry of Vehicles from Nilakkal and parking of vehicles at Pamba:- By the order dated 15.11.2022 in this SSCR and DBP, it was ordered that, the entry of vehicles from Nilakkal has to be regulated during Mandala-Makaravilakku festival season of 1198 ME (2022-23), in terms of the directions contained in the judgment dated 19.11.2019 in W.P.(C)No.30842 of 2019 and connected matter. Light motor vehicles with a seating capacity up to 15, carrying Sabarimala pilgrims, shall be permitted to enter up to Pamba for the purpose of dropping the pilgrims. The drivers of the vehicles concerned shall take back the vehicles to Nilakkal for parking immediately after dropping the pilgrims. When the pilgrims reach Pamba after darshan, upon passing such information, the drivers of the vehicles concerned shall be permitted to re-enter, solely to bring back the pilgrims. No vehicle shall be permitted to park vehicles on the roadside from Nilakkal to Pamba. In the order dated 15.11.2022, it was made clear that, in case any vehicle is seen parked on the roadside, from Nilakkal to Pamba, Police and the Enforcement Wing of the Motor Vehicles Department shall take appropriate action against the owner and driver of that vehicle and take back that vehicle from there to Nilakkal. If vehicular traffic in Pamba exceeds the available capacity then the Police shall manage the traffic by ‘hold and release’ mechanism, with prior intimation to the District Collector, Pathanamthitta and the Special Commissioner, Sabarimala. If vehicular traffic in Pamba exceeds the available capacity then the Police shall manage the traffic by ‘hold and release’ mechanism, with prior intimation to the District Collector, Pathanamthitta and the Special Commissioner, Sabarimala. By the order dated 15.11.2022, the Police and the Enforcement Wing of the Motor Vehicles Department were directed to take stringent action against those, who openly flout the prohibitions contained in the statutory provisions referred to hereinbefore. In the said order it was made clear that the prohibition regarding parking of vehicles on the roadside from Nilakkal to Pamba is absolute, which cannot be permitted to be flouted by any motor vehicle exhibiting ‘authorised’ or ‘unauthorised’ name boards and emblems. Paragraphs 14 to 22 of the order dated 15.11.2022 in this SSCR and DBP read thus; ‘14. In the order dated 09.11.2022 in DBP No.70 of 2022, this Court noticed that, though the entry of motor cars and other vehicles having seating capacity up to 15 are prevented at Nilakkal by the Police, the averments in the complaint dated Nil, which forms part of that DBP, would show that certain vehicles are being issued with pass for entry from Nilakkal with permission to park at Pamba. 15. The restricted entry up to Pamba of light motor vehicles with a seating capacity up to 15, which carry Sabarimala pilgrims, is for the limited purpose of dropping the pilgrims, and the drivers shall immediately take back the vehicles to Nilakkal for parking. No vehicle shall be permitted to be parked on the roadside from Nilakkal to Pamba. Police and the Enforcement Wing of the Motor Vehicles Department shall take stringent action against the owner and driver of those vehicles. The prohibition regarding parking of vehicles on the roadside from Nilakkal to Pamba is absolute, which cannot be permitted to be flouted by motor vehicles exhibiting ‘authorised’ or ‘unauthorised’ name boards and emblems. 16. As per sub-rule (1) of Rule 4 of the State Emblem of India (Regulation of Use) Rules, 2007, a State Government may adopt the emblem as the official Emblem of the State or the union territory, as the case may be, without obtaining the approval of the Central Government. 16. As per sub-rule (1) of Rule 4 of the State Emblem of India (Regulation of Use) Rules, 2007, a State Government may adopt the emblem as the official Emblem of the State or the union territory, as the case may be, without obtaining the approval of the Central Government. As per sub-rule (2) of Rule 4, where a State Government proposes to incorporate the emblem or any part thereof in the Emblem of that State or Union Territory, as the case may be, it shall do so after obtaining the prior approval of the Central Government and shall get the design and layout approved by the Central Government. As per the proviso to sub-rule (2), where a State Government has already incorporated the emblem or part thereof in the Emblem of that State or Union Territory, as the case may be, prior to the coming into force of these rules, it may, subject to the other provisions of these rules, continue to use the emblem. As per Rule 7, the use of the emblem on vehicles shall be restricted to the authorities specified in Schedule II. 17. The State Emblem of India (Regulation of Use) Rules, 2007 is one made by the Central Government in exercise of its powers under Section 6 of the State Emblem of India (Prohibition of Improper Use) Act, 2005. Under clause (c) of sub-section (2) of Section 6, the Central Government shall have the power to restrict the display of emblem on vehicles of constitutional authorities, foreign dignitaries, Ministers of the Central Government and the State Governments. As per sub-rule (1) of Rule 10, no person (including former functionaries of the Government, like, former Ministers, former Members of Parliament, former Members of Legislative Assemblies, former Judges and retired Government officials), other than those authorised under these rules, shall use the emblem in any manner. As per sub-rule (2) of Rule 10, no Commission or Committee, Public Sector Undertaking, Bank, Municipal Council, Panchayat Raj Institution, Parishad, non-government organisation, University, other than those authorised under these rules, shall use the emblem in any manner. Similarly, as per Paragraph 3.44 of the Flag Code of India, the privilege of flying the National Flag on motor cars is limited to the dignitaries specified in clauses (1) to (7). Similarly, as per Paragraph 3.44 of the Flag Code of India, the privilege of flying the National Flag on motor cars is limited to the dignitaries specified in clauses (1) to (7). As per Rule 92A of the Kerala Motor Vehicles Rules, 1989, no motor vehicle other than those specified in clauses (i) to (xi), in the manner described against each such vehicle, shall exhibit any boards showing the name of the Government or the Government Department or the designation of the officer using it without permission of the Government. 18. In Principal, Sabari PTB Smaraka H.S.S. v. Additional Registering Authority and others [2020 (2) KLT SN 9] this Court held that the use of emblem and display of flag shall be permitted only on vehicles carrying the constitutional authorities and other dignitaries specified in Part I and Part II of Schedule II of the State Emblem of India (Regulation of Use) Rules, 2007/the dignitaries specified in clauses (1) to (7) of Paragraph 3.44 of the Flag Code of India, 2002. The ‘Official Emblem of the State Government’, after incorporating the ‘State Emblem of India’ or any part thereof, shall not be displayed on a motor vehicle, other than a vehicle carrying the constitutional authorities specified in Part II of Schedule II of the said Rules. 19. The learned Deputy Solicitor General of India would point out Office Memorandum No.13/4/2022-Public dated 04.11.2022 issued by the Government of India, Ministry of Home Affairs, which reads thus; “Subject: Regarding compliance of Hon'ble High Court of Kerala's directions in W.P(C)No.23021 of 2018 filed by the Principal, Sabari PTA Smaraka versus the Additional Registering Authority, Ottapalam & Ors. before Hon'ble High Court of Kerala at Ernakulam. The undersigned is directed to refer to Ministry of Road, Transport and Highways O.M.No.RT-11021/63/2022-MVL dated 09.09.2022 forwarding therewith a copy of Hon'ble High Court of Kerala' order dated 08.04.2022 passed in the above said case. 2. The use of the State Emblem of India is governed by the State Emblem (Prohibition of Improper Use) Act, 2005 & the State Emblem of India (Regulation of Use) Rules, 2007 [as amended in 2010] (copy enclosed). Schedule-II to the aforesaid Rules, contains a list of constitutional authorities and other dignitaries who may display the State Emblem on their cars which includes President, Vice-President, Governors etc. Schedule-II to the aforesaid Rules, contains a list of constitutional authorities and other dignitaries who may display the State Emblem on their cars which includes President, Vice-President, Governors etc. Section 7 (1) [read with Section 3 of the Act] & Section 7 (2) [read with Section 4 of the Act] provides for penal provisions for improper use of the State Emblem & its use for wrongful gains respectively. 3. Use/display/hoisting of the Indian National Flag is governed by the Prevention of Insults to National Honour Act, 1971 and Flag Code of India, 2002 [copy enclosed]. Paragraph 3.44 of Section IX of the Flag Code of India, 2002 contains instructions regarding display of Indian National Flag on Motor cars and restricts its display on vehicles of some dignitaries only such as President, Vice-President, Governors, etc. Insult to Indian National Flag is a punishable offence as per Section 2 of the Prevention of Insults to National Honour Act, 1971. 4. State Governments/UT Administrations implement the provisions of the aforesaid Acts, Rules and Code and take actions to prevent any unauthorized use etc., within their respective territorial jurisdiction.” (underline supplied) 20. Openly flouting prohibitions contained in the statutory provisions referred to hereinbefore, the ‘Official Emblem of the State Government’, after incorporating the ‘State Emblem of India’, is displayed on motor vehicles carrying District Collectors, Law Secretary, etc.; and the State Emblem of India is displayed on motor vehicles carrying officers of the Income Tax Department, Customs, Central Excise, etc. Openly flouting Rule 92A of the Kerala Motor Vehicles Rules unauthorised name boards are exhibited on motor vehicles owned by Co-operative Societies registered under the Kerala Co-operative Societies Act, 1969; Societies registered under the Societies Registration Act, 1860, the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, etc.; and even on vehicles owned by Non-Governmental Organisations (NGO’s), Public Private Partnerships, etc. Many vehicles are seen plying in the State, carrying the name board ‘Government of India’, ‘Government of Kerala’, ‘Kerala State’, ‘Government Vehicle’, etc. to mislead the Police, the Enforcement Officers of the Motor Vehicles Department, by giving an impression that the said vehicles are owned by a Government Department. Many vehicles are seen plying in the State, carrying the name board ‘Government of India’, ‘Government of Kerala’, ‘Kerala State’, ‘Government Vehicle’, etc. to mislead the Police, the Enforcement Officers of the Motor Vehicles Department, by giving an impression that the said vehicles are owned by a Government Department. Persons in such vehicles are pretending as if they are Government servants and they are misusing such name boards to escape from the checking of vehicles by Police and Enforcement Officers of the Motor Vehicles Department and to avoid payment of toll at the toll booths and also the restrictions regarding parking or entry of vehicles. 21. Section 171 of the Indian Penal Code, 1860, which deals with wearing grab or carrying token used by public servant with fraudulent intent. As per Section 171, whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both. 22. It is for the Police and the Enforcement Wing of the Motor Vehicles Department to take stringent action against those who openly flout the prohibitions contained in the statutory provisions referred to hereinbefore. The prohibition regarding parking of vehicles on the roadside from Nilakkal to Pamba is absolute, which cannot be permitted to be flouted by any motor vehicle exhibiting ‘authorised’ or ‘unauthorised’ name boards and emblems.’ 28.1. On 29.11.2022 when this SSCR and DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board and also the learned Amicus Curiae for the Special Commissioner, Sabarimala pointed out unauthorised parking of vehicles at Pamba. The learned Senior Government Pleader submitted that, on 28.11.2022, 53 vehicles have been booked for unauthorised parking at Pamba and challans were issued. The learned Senior Government Pleader, on instructions from the District Collector, Pathanamthitta and also the Station House Officer, Pamba Police Station submitted that, after 28.11.2022 the parking of vehicles at Pamba is strictly prohibited. 28.2. The learned Senior Government Pleader submitted that, on 28.11.2022, 53 vehicles have been booked for unauthorised parking at Pamba and challans were issued. The learned Senior Government Pleader, on instructions from the District Collector, Pathanamthitta and also the Station House Officer, Pamba Police Station submitted that, after 28.11.2022 the parking of vehicles at Pamba is strictly prohibited. 28.2. On 02.12.2022, when this SSCR and DBP came up for consideration, this Court noticed a news item that appeared in a visual media regarding use of vehicles exhibiting unauthorised name boards and emblems by Sabarimala pilgrims, in order to park such vehicles at Pamba. A screen shot taken from the news item that appeared in Asianet news, which was re-produced in paragraph 5 of that order, is re-produced hereunder; 28.3. By the order dated 02.12.2022, this Court ordered that, the Police and the Enforcement Officers in the Motor Vehicles Department shall take stringent action against those, who openly flout the prohibitions contained in the statutory provisions referred to in the order dated 15.11.2022, by initiating prosecution under Section 171 of the Indian Penal Code, 1860. In the order dated 02.12.2022, this Court reiterated that the prohibition regarding parking of vehicles on the roadside from Nilakkal to Pamba and parking of vehicles at Pamba is absolute, which cannot be permitted to be flouted by any motor vehicle exhibiting ‘authorised’ or ‘unauthorised’ name boards and emblems. In the said order this Court noticed the submission made by the learned Senior Government Pleader that around 50 vehicles were issued with e-challan for unauthorised parking at Pamba on 24.11.2022. 28.4. During Mandala-Makaravilakku festival season of 1198 ME (2022-23), on various occasions the movement of vehicles from Nilakkal to Pamba was regulated by ‘hold and release’ mechanism. On 10.12.2022 when the footfall at Sannidhanam was nearly 1 Lakh pilgrims, the movement of vehicles was blocked from Laha to Nilakkal and also from Kanamala to Elavunkal, resulting blockage of vehicles for a considerably long period, causing difficulties to the pilgrims including children. By the order dated 11.12.2022 this Court directed the Travancore Devaswom Board to make necessary arrangements for providing ‘Chukkuvellam’ and biscuits to the pilgrims in such vehicles. By the order dated 11.12.2022 this Court directed the Travancore Devaswom Board to make necessary arrangements for providing ‘Chukkuvellam’ and biscuits to the pilgrims in such vehicles. Therefore, the parking of vehicles exhibiting ‘authorised’ or ‘unauthorised’ name boards at Pamba and also on the side of the road leading from Nilakkal to Pamba, has to be prevented, in order to ensure smooth movement of vehicles carrying pilgrims, during Mandala-Makaravilakku festival seasons. It is for the Police and the Enforcement Officers in the Motor Vehicles Department to take stringent action against vehicles exhibiting ‘unauthorised’ name boards, beacon lights and flash lights, by initiating prosecution under Section 171 of the Indian Penal Code, 1860 and other penal provisions under the Motor Vehicles Act, 1988. 29. With the above directions, this SSCR and DBP are disposed of. The directions contained hereinbefore shall be complied with in letter and spirit by all concerned, during Mandala-Makaravilakku festival seasons. As directed in this order, the Special Commissioner, Sabarimala shall file fresh report before this Court, at least one month before the commencement of the next Mandala-Makaravilakku festival season, along with a copy of this order, seeking appropriate order for effective crowd management and other aspects at Nilakkal, Pamba and Sannidhanam and also in the traditional trekking path.