JUDGMENT

Anil K. Narendran, J.

The petitioners have filed this writ petition under Article

226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 Cabinet decision to the extent it provides for the formation of the governing body as well as the implementation committee for implementation of Sabarimala Master Plan. The petitioners have also sought for a writ of certiorari to quash Ext.P3 Government Order, i.e., G.O.(Ms.)No.92/2019/RD dated 06.03.2019, which is an order issued pursuant to Ext.P2 Cabinet decision, whereby a Governing Body as well as an Implementation Committee, jointly called Special Purpose Vehicle, was constituted for the implementation of Sabarimala Master Plan, with the Chief Secretary as the Chairman of the Governing Body and the Implementation Committee.

2. On 01.04.2019, when this writ petition came up admission, this Court admitted the matter on file and passed an interim order. Paragraphs 3 to 5 of that order read thus;

<3. The crux of the case projected by the petitioners is that the Master Plan for Sabarimala was framed pursuant to the intervention made by the Apex Court and the same was approved by the State Government, implementation of which was assigned to a High Power Committee constituted by this Court, way back in 2009. Taking note of the fact that no much result was forthcoming, the High Power Committee was reconstituted by this Court, as per Ext.P1 common order dated 30.08.2017 in DBPNo.136 of 2012 and SSCR No.9 of 2017. Now, virtually throwing the orders passed by this Court and also the steps being taken by the High Power Committee to wind, the State Government has passed Ext.P3 G.O. on 06.03.2019, constituting a separate body for implementation of the Master Plan; virtually seeking to have it modified, as sought to be implemented by the Government, at Sabarimala Sannidhanam, Pampa and Nilackal, besides setting up various projects at different ’Edathavalams’; all in the name of devotees; mentioning the need to provide better infrastructure and amenities. For this purpose, the Government has constituted a ’Governing body’ with the Chief Secretary at the top and an ’Implementation Committee’ with the Principal Secretary to Devaswom at the driving seat. An ’SPV’ (Special Purpose Vehicle) has been constituted accordingly.

4. The learned State Attorney points out that, as mentioned in paragraphs 4 and 5 of Ext.P3, various arrangements have to be made for development, which include the various construction activities as well; to be completed in a time-bound manner. It is stated that funds have already been identified in this regard.

5. We are not against any developmental measures being taken by the Government. But, so far as Sabarimala Temple is concerned, the construction in the area allotted to Devaswom, which is in a dense forest, shall be minimal, maintaining the ecological balance and avoiding any environmental threat. Same is the position with regard to Pampa and Nilackal as well and it is bordering the ’Periyar Tiger Reserve’. Sabarimala cannot be made a ’tourist spot’, but a holy pilgrim destination. As it stands so, the extent of the so-called works/activities will have to be controlled, particularly, in the light of the various rulings/orders passed already and also to give effect to the recommendations made by the Central Empowerment Committee appointed by the Hon’ble Supreme Court. The approved Master Plan cannot be varied or modified unilaterally by the Government in the said circumstance. As such, we find it appropriate to interdict implementation of any project pursuant to Ext.P3 at Sabarimala Sannidhanam, Pampa and Nilackal without the involvement of the High Power Committee appointed by this Court as per Ext.P1 and also without getting specific orders from this Court in this regard. It is ordered accordingly. It is made clear that, this will not bar the way of the Government or the Authorities mentioned in Ext.P3 from proceeding with further steps in connection