Point of law: As per sub-rule (1) of Rule 4 of State Emblem of India (Regulation of Use) Rules, 2007, a State Government may adopt emblem as official Emblem of State or the union territory, as case may be, without obtaining the approval of Central Government.

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. 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 prop