Point of Law: Time restriction is highly essential for trekking in order to ensure the safety of pilgrims.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking writ of mandamus commanding respondents 5 to 8 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 nontraditional paths to Sabarimala Temple, which is more onerous or restrictive than the restrictions on the two non-traditional paths. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 4 to draw up a master plan for the protection and maintenance of Erumeli-Sannidhanam traditional pathway with due right of administration to the members of Malayarayan community and other communities, to maintain and protect the above places of worship; and a writ of mandamus commanding the respondents 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 of Sabarimala Temple through the traditional trekking path from Erumeli. The document marked as Ext.P2 is an order dated 15.11.2022 of the 5th respondent District Collector, Idukki, regulating the movement of Sabarimala pilgrims through the traditional trekking path, during Mandala-Makaravilakku festival season of 1198 M.E. (2022-23). The timings in Ext.P2 order are as follows:

Ext.P2 order was followed by Ext.P3 order dated 25.11.2022, modifying the timings, in view of the increase in the number of pilgrims. The modified timings in Ext.P3, are as follows:

The petitioners submitted Exts.P4 to P11 representations before various authorities, with a request to open up the traditional trekking path leading to Sabarimala Temple for all pilgrims, round the clock, without any time restriction. Thereafter, the petitioners have moved this writ petition before this Court, seeking the aforesaid reliefs.

2. On 16.12.2022, when this writ petition came up for admission, the learned Senior Government Pleader, on instructions, from the concerned Forest officials and also the 6th respondent District Police Chief, Idukki, submitted that, restrictions have been imposed in the movement of pilgrims through the traditional trekking path referred to in the writ petition, 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. The learned Senior Government Pleader submitted that the reports of the 6th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger Reserve, West Division, shall be placed on record by 19.12.2022.

3. The reports of the 6th respondent District Police Chief, Idukki and the 8th respondent Deputy Director, Periyar Tiger Reserve, West Division, are placed on record along with the memo filed by the learned Senior Government Pleader dated 19.12.2022.

4. Heard the learned counsel for the petitioners, the learned Senior Government Pleader for respondent Nos. 1, 3 to 8 and also the learned Standing Counsel for Travancore Devaswom Board for the 2nd respondent.

5. The learned counsel for the petitioners would contend that unreasonable restrictions on the movement of devotees through the traditional trekking path from Erumeli have been imposed during the current Mandala-Makaravilakku fes