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2022 Supreme(Online)(KER) 17997
HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent
DBP/36/2022
GOVERNMENT PLEADER SC, TRAVANCORE DEVASWOM BOARD - TDB SC, KERALA STATE ROAD TRANSPORT CORPORATION - KSRTC DEEPU THANKAN Sri.Rajmohan - SR.GP, Sri.G.Biju - SC for TDB
The court reinforced the obligation of the Travancore Devaswom Board to ensure effective crowd management and adequate transport for pilgrims during religious events.
Headnote:
Transport - Crowd Management - Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 1, 3, 15A, 16, 31 - The court emphasized the administration responsibilities of the Travancore Devaswom Board in ensuring proper crowd management and transport provisions during an influx of pilgrims, mandating sufficient transport arrangements.
Fact of the Case:
The case involved crowd management and transportation issues during the Karkidaka Pooja at Sabarimala, following an influx of pilgrims that exceeded expectations. Complaints arose regarding inadequate bus services from KSRTC, prompting court intervention for optimal management.
Finding of the Court:
The court determined that while KSRTC provided a certain number of buses, the police imposed restrictions causing delays. It mandated better communication regarding service operations and allowable restrictions to ensure adequate transport for pilgrims.
Issues: Whether KSRTC provided sufficient transportation services for pilgrims during the Karkidaka Pooja and the legality of police restrictions on bus services.
Ratio Decidendi: The court established that the Travancore Devaswom Board has an obligation to ensure proper facilities for devotees, including adequate transport, especially during peak pilgrimage periods.
Final Decision: The DBP is disposed with directions for improved transport provisions and communication.
O R D E R
Anil K. Narendran, J.
This DBP is registered suo motu based on news items that appeared in Mathrubhumi daily and Malayala Manorama daily dated 18.07.2022 regarding crowd management at Sabarimala Sannidhanam, in connection with ‘Karkidaka Pooja’. As per the news items, since the restrictions regarding number of pilgrims for Sabarimala dharshan has already been lifted, large number of pilgrims had dharshan on 16.07.2022 itself. On 17.07.2022, the number of pilgrims was around 30,000. Since entry of private vehicles are permitted only up to Nilakkal, pilgrims are taken in Nilakkal-Pamba chain service by KSRTC. Considering the increase in the number of pilgrims, KSRTC has increased the number of buses in the chain service. There were protests by the pilgrims on 17.07.2022, for not providing sufficient number of buses from Pathanamthitta depot of KSRTC.
2. On 19.07.2022, when this matter came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that KSRTC has not provided sufficient number of buses for Nilakkal-Pamba chain service. When there were complaints from the pilgrims, the Special Commissioner, Sabarimala, intervened and requested KSRTC to provide sufficient number of buses. The learned Standing Counsel for KSRTC submitted that, considering the number of pilgrims during the monthly pooja, KSRTC provided 27 buses for Nilakkal- Pamba chain service. Since the number of pilgrims on 16.07.2022 was above 30,000, ten additional buses were provided. However, the Police directed KSRTC to suspend Nilakkal-Pamba chain service by 6.00 p.m. Thereafter, the chain service was resumed only at 12.00 midnight. On 17.07.2022 also the number of pilgrims was on the higher side. On that day, KSRTC operated 383 down trips using 27 buses. The learned Senior Government Pleader sought time to get instructions from the 7th respondent Circle Inspector of Police as to the reason for suspending Nilakkal-Pamba chain service on 16.07.2022, from 6.00 p.m. till 12.00 midnight.
3. By order dated 19.07.2022, this Court directed respondents 6 and 7 to inform in advance, the 4th respondent Executive Officer, Sabarimala and also the Special Commissioner, Sabarimala any restrictions imposed in the operation of Nilakkal- Pamba chain service by KSRTC, so as to enable the Executive Officer to make necessary arrangements for the pilgrims at Nilakkal and Pamba. The submission made by the learned Standing Counsel for KSRTC that, depending upon the number of pilgrims, additional buses can be brought to Nilakkal for Nilakkal-
Pamba chain service, was recorded.
4. On 20.07.2022, when this DBP was taken up for consideration, the learned Senior Government Pleader, on instructions from the 7th respondent Circle Inspector of Police, Pamba Police Station, submitted that, there was no restriction on the movement of pilgrims from Nilakkal to Pamba on 16.07.2022, from 06.00 p.m. to 12.00 midnight. The restriction was only from 10.00 p.m. to 12.00 midnight, since pilgrims are permitted to proceed from Pamba to Sannidhanam only by 2.00 a.m. The learned Standing Counsel for KSRTC submitted that Police is permitting parking of vehicles at Pamba hilltop. The learned Senior Government Pleader sought time to get instructions.
5. By the order dated 20.07.2022, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to whether sufficient number of hotels are opened at Pamba Manappuram and also at Sannidhanam, considering the number of devotees having darshan at Sabarimala during Karkidaka Pooja. The learned Standing Counsel was directed to make available for the perusal of this Court, the layout of the stalls at Pamba and Sannidhanam, before the next posting date.
6. The learned Standing Counsel for KSRTC has filed a statement dated 25.07.2022. Paragraphs 4 to 7 of that statement read thus:
“4. It is submitted that KSRTC is operating sufficient number of buses for the transportation of pilgrims and the devotees
