The State has a duty to maintain public roads without encroachment and ensure the safety of road users, including pedestrians and differently-abled persons.

ORDER

Anil K. Narendran, J.

This DBP is registered suo motu based on a news report that appeared in Malayala Manorama daily dated 09.01.2023 regarding traffic congestion near Chottanikkara Bhagavathy Temple, a Temple under the management of the 4th respondent Cochin Devaswom Board, causing serious inconvenience to devotees, Sabarimala pilgrims and also the residents in the locality.

2. Today, when this matter is taken up for consideration, the learned Senior Government Pleader has filed a statement of the 2nd respondent District Police Chief, Ernakulam Rural.

3. Heard the learned Senior Government Pleader for respondents 1 to 3, the learned Standing Counsel for Cochin Devaswom Board for respondents 4 to 6 and also the learned Standing Counsel for the 7th respondent Grama Panchayat.

4. From the statement filed by the 2nd respondent District Police Chief, we notice that the parking ground of Chottanikkara Devaswom is sufficient for parking 75 light motor vehicles and 60 heavy passenger vehicles, which is insufficient for parking vehicles during Mandala-Makaravilakku festival season in Sabarimala. During Mandala-Makaravilakku festival season, there will be a heavy rush at Chottanikkara Bhagavathy Temple, since a substantial portion of inter-state pilgrims will be visiting Chottanikkara Bhagavathy Temple, en route. Therefore, from the commencement of Sabarimala pilgrimage season, the maximum available strength of police personnel will be mobilized for duty at Chottanikkara Bhagavathy Temple. According to the 2nd respondent, though a huge strength of police personnel has been deployed for Makaravilakku duty at Sabarimala and also at Thiruvairanikkulam Temple, the maximum available strength was mobilized and allotted for duty at Chottanikkara Bhagavathy Temple. On 08.01.2023, a huge number of inter-state vehicles carrying Sabarimala pilgrims reached Chottanikkara. In addition to this, a large number of devotees from Thiruvairanikulam Temple also visited Chottanikkara Bhagavathy Temple. The unexpected arrival of devotees from Thiruvairanikulam Temple, mainly in buses, caused traffic congestion at Chottanikkara, which was cleared within a short time, by mobilising additional police force from other police stations. In the statement, the 2nd respondent has stated that maximum efforts will be taken to arrange other parking places at Chottanikkara, in consultation with Chottanikkara Devaswom and Chottanikkara Grama Panchayath, and additional police force will be deployed to control traffic and unauthorised parking of vehicles on the roadside, to avoid inconvenience to the devotees as well as the residents in the locality.

5. In Suo Motu v. State of Kerala and others [2022 (7) KHC 185] this Court held that, once roads are constructed as per the standards and guidelines prescribed by the Indian Roads Congress, it has to be maintained as such without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. Footpaths are not intended for stocking articles for trade or for the display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for the purpose of holding campaigns, demonstrations, etc., by political parties and other organisations, by causing any obstruction whatsoever to the free movement of pedestrians. No political party or organisation can be permitted to encroach upon footpaths or right of way of public roads, in connection with any such protest, demonstrations, etc., by erecting any temporary structures on the right of way or on the pedestrian facilities, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances.

6. In Suo Motu [2022 (7) KHC 185] this Court noticed that, showing scant regard to the law laid down in Kottamom (Kottiyar Mangalam) Sri. Darmasastha Temple Advisory Committee v. State of Kerala [2019 (5) KHC SN 27] and Sivaprasad v. State of Kerala [2020 (6) KHC 373], p