Point of Law: Ministry of Road Transport and Highways has already issued the Motor Vehicles (Driving) Regulations, 2017 which should be implemented by the State Governments and Union Territories strictly.

ORDER :

Anil K. Narendran, J.

The Special Commissioner, Sabarimala, has filed this report regarding the directions to be issued to the respective authorities to complete the maintenance and repair works of the road network leading to Sabarimala and maintain the roads and pedestrian facilities strictly in conformity with the relevant standards and guidelines, to ensure strict enforcement of Road Safety Policy and also the provisions under the Motor Vehicles (Driving) Regulations, 2017, in terms of the directions contained in the orders of the Apex Court and this Court, in order to ensure the safety of most vulnerable road users, such as pedestrians, cyclists, children, elderly and differently-abled persons, during Mandala-Makaravilakku festival season of 1198 ME (2022-23).

2. In the report, it is stated that, Sabarimala pilgrims travel in different types of vehicles including Light Motor Vehicles and Contract Carriages from other States and far away places. Often these vehicles are seen flouting the prescribed standards of road safety, which are fitted with high-power music systems and prohibited lighting, which distracts the concentration of the drivers. Reverse light is absent in some of the vehicles. Several tractors are plying between Pampa and Sannidhanam for ferrying goods. The roadworthiness of the tractors plying through the trekking path has to be checked by competent authorities. The Public Works Department (PWD), National Highways Authority of India (NHAI) and Kerala State Transport Project (KSTP) have to complete the repair and maintenance work of the entire road network leading to Sabarimala. Along with this SSCR, the Special Commissioner has placed on record Annexures 1 to 4 reports of the Chief Engineer, PWD (NH) Division and Chief Engineer (Projects), KSTP. The repair and maintenance work of all identified roads and also other roads leading to Sabarimala are progressing on a war footing. In paragraphs 8 and 9 of SSCR, the Special Commissioner has pointed out the progress of the pending works.

3. Heard the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board, the learned Deputy Solicitor General of India and also the learned Amicus Curiae for the Special Commissioner.

4. In C.S.S. Motor Service v. Madras State [AIR 1953 Mad 279] a Division Bench of the Madras High Court held that all public streets and roads vest in the State, but that the State holds them as trustee on behalf of the public. The members of the public are entitled as beneficiaries to use them as a matter of right and this right is limited only by the similar rights possessed by every other citizen to use the pathways. The State as trustees on behalf of the public is entitled to impose all such limitations on the character and extent of the user as may be requisite for protecting the rights of the public generally.

5. In Saghir Ahmad v. State of U.P. [AIR 1954 SC 728] a Constitution Bench of the Apex Court agreed with the statement of law made by the Division Bench of the Madras High Court in Para.24 of the decision in C.S.S. Motor Service [AIR 1953 Mad 279].

6. In Sodan Singh v. New Delhi Municipal Committee [(1989) 4 SCC 155] a Constitution Bench of the Apex Court held that the primary object of building roads is undoubtedly to facilitate people to travel from one point to another.

7. In Centre for Consumer Education v. State of Kerala [2019 (3) KHC 957] a Division Bench of this Court was dealing with W.P.(C) No.27011 of 2012, a public interest litigation, raising questions touching upon the safety of passengers commuting through public roads in the State. One of the reliefs sought for in that writ petition is a writ of mandamus commanding the respondents therein to initiate steps to remove all types of obstruction in roads and road margins and recover the costs from those responsible for erecting the same, and also to erect and establish proper destination boards and traffic signals in the public roads leading to