Point of Law : Interlocutory application is necessary for ensuring adequate supply of raw materials, pooja articles and also removal of waste.

ORDER :

Anil K. Narendran, J.

I.A.No.1 of 2021

By the order dated 10.12.2021, DBP No.30 of 2021 was initiated suo motu, which relates to transportation of goods through the trekking path from Pamba to Sannidhanam, and it was closed with the following directions;

“13. Having considered the submissions made by the learned Standing Counsel for the Travancore Devaswom Board and also the learned State Attorney, we deem it appropriate to direct the additional 5th respondent Deputy Superintendent of Police, the 2nd respondent Chief Vigilance Security Officer and also respondents 3 and 4 Station House Officers to take necessary steps to ensure that movement of tractors for transporting goods from Pamba to Sannidhanam by the Travancore Devaswom Board and also by the stakeholders other than the Board are regulated strictly in terms of the orders of this Court dated 08.11.2017 and 22.11.2017 in D.B.A.No.13 of 2016 and that, any transportation of goods during day time, other than transportation of goods by the Travancore Devaswom Board during 12.00 noon to 3.00 p.m., is done only in case of extreme emergency, as per the permission granted by the Special Commissioner, Sabarimala. Respondents 2 to 5 shall take necessary steps to ensure that there is no threat to the safety of the pilgrims on account of transportation of goods in tractors through the trekking path and that, any movement of tractors through trekking path even in case of extreme emergency causes only least inconvenience to the devotees.

14. With the above directions, this DBP is closed.

The Special Commissioner, Sabarimala, shall file a report before this Court on 13.12.2021 on the implementation of this order.”

2. Now, the Travancore Devaswom Board and also the Chief Vigilance Security Officer have filed this interlocutory application seeking permission for movement of tractors as follows;

(i) for transportation of raw materials required for preparation of Prasadam and Annadhanam in terms of order dated 18.12.2017 in DBA No.13 of 2016;

(ii) for the transportation of pooja articles for the daily rituals in the temple from 5.00 a.m. to 7.00 a.m. everyday;

(iii) in emergency situations, two department tractors may be permitted with the permission from the Special Commissioner, Sabarimala;

(iv) for removal of waste from Pamba to Charalmedu one tractor of the Vishdhisena may be permitted from 8.00 a.m. to 4.00 p.m. to keep the trekking route clean and hygienic for the use of pilgrims;

(v) to grant necessary permission to ply vehicles for supply of tender coconut and removing the remnants/waste from tender coconut stalls at Chelikkuzhi for the smooth conduct of the pilgrimage, in the interest of justice.

3. Along with this interlocutory application, the petitioner has placed on record Annexure R1(a) order dated 18.12.2017 of this Court in I.A.No.3195 of 2017 in DBA No.13 of 2016. Paragraphs 4 and 6 of that order reads thus;

“4. After considering the contents of the said report and also after hearing the learned Standing Counsel for the Devaswom Board as well as the learned Government Pleader appearing on behalf of the State, we find it appropriate to effect a slight modification with regard to the orders already passed by permitting the movement of tractors between 10.30 am to 4 pm and from 10 pm to 3 am from Monday to Thursday. This is however subject to the crowd management to be effected by the Police, who is at liberty to impose further restrictions in such movement depending upon the crowd flow to an appropriate extent.

6. It is made clear that, bases on the 'emergency' of the situation, it is open to permit the movement of tractors; subject to the orders already passed by this Court and the arrangements already made by the Special Commissioner in this regard, as dealt with in paragraph No.5 of the additional report extracted above. The movement of the tractors shall stand governed by the orders passed on 08.11.2017 and 22.11.2017 insofar as Fridays, Saturdays, Sundays and other holidays is