IMPORTANT POINT
A writ of mandamus cannot be issued to direct authorities to act contrary to statutory provisions, particularly regarding the operation of contract carriages as stage carriages.

JUDGMENT :

Anil K. Narendran, J.

The petitioner, namely, Pamba Samyuktha Drivers Union, with registration No.PTM/TC/38/2022, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus restraining respondents 2 to 6 from interfering with or obstructing the Taxi Operators registered with Sub Regional Transport Office, Ranni from operating in accordance with their Contract Carriage Permits (Motor Cab Permits) in Nilakkal-Pamba area. The document marked as Ext.P1 is a communication dated 18.12.2021 of the 5^th respondent Regional Transport Officer, Pathanamthitta to the Transport Commissioner, Kerala for sanctioning a taxi stand at Nilakkal, in case the 2^nd respondent Travancore Devaswom Board takes a favourable decision, subject to the approval of this Court. The document marked as Ext.P2 is the reply dated 24.12.2021 of the Transport Commissioner, addressed to the petitioner, forwarding Ext.P1. The document marked as Ext.P3 is a letter dated 22.02.2022 of the concerned MLA to the Minister for Transport, Kerala. The documents marked as Exts.P5 to P8 are the check reports dated 02.01.2025 and 05.01.2025 issued against the taxi drivers, who are stated to be the members of the petitioner association.

2. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 and 3 to 6 and the learned Standing Counsel for Travancore Devaswom Board for the 2^nd respondent.

3. 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.

4. 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 and its vicinity are a Special Security Zone under Section 83(1) of the Kerala Police Act, 2011, vide G.O.(Ms.)No.74/2024/Home dated 14.10.2024 issued by the State Government, in order to exercise the powers under Section 83(2) of the said Act, to ensure a safe, secure and hassle-free pilgrimage.

5. 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