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2009 Supreme(Online)(KER) 45737
HIGH COURT OF KERALA
P.R.RAMAN, P.BHAVADASAN, JJ
SUO MOTU – Appellant
Versus
SECRETARY,TDB.TVPM.& STATE OF KERALA – Respondent
DBP 3 2009
MR. V. KRISHNA MENON, S.C. FOR T.D.B., GOVT. PLEADER SRI. R. LAKSHMINARAYAN, SRI. KRISHNA KUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN
The court established the need for a dedicated committee for effective oversight and implementation of infrastructure improvements at a major religious site, ensuring compliance and coordination among various administrative entities.
Headnote:
Monitoring - Implementation - Various Acts and Sections Relevant to Temples and Festivals - The court emphasized the need for a High Power Committee to effectively implement the Sabarimala master plan, ensuring coordination among various agencies and timely execution of essential projects for the festival.
Fact of the Case:
The Ombudsman reported that the High Power Committee for managing the Sabarimala festival has functioned well, but identified the need for improved infrastructure and resource management due to increasing visitor numbers and inadequate facilities.
Finding of the Court:
The court found that a High Power Monitoring Committee should be constituted to oversee the timely implementation of the Sabarimala master plan, recommending improvements in transport, sanitation, and healthcare facilities.
Issues: Whether to constitute a High Power Committee to oversee the Sabarimala master plan implementation and coordinate between various departments and stakeholders.
Ratio Decidendi: The necessity for coordinated efforts among state departments to successfully implement the master plan for the Sabarimala festival was crucial, as ongoing issues impede the smooth operation of essential logistics and facilities.
Final Decision: The court constituted a High Power Monitoring Committee for the implementation of the Sabarimala master plan.
O R D E R
RAMAN, J.
IN THE LIGHT OF THE ORDER DATED 18.6.2009 IN D.B.P. 15/2009, NO FURTHER ORDERS ARE CALLED FOR.
CLOSED.
23.7.2009. SD/-, P.R. RAMAN, JUDGE.
SD/-, P. BHAVADASAN, JUDGE.
// TRUE COPY // P.S. TO JUDGE.
KNC/-
P.R. RAMAN & P.S. GOPINATHAN, JJ. ----------------------------------------------
and S.S.C.R.No. 1 of 2009 ----------------------------------------------
DATED:APRIL 2, 2009.
ORDER Raman, J.
D.B.P. No. 3 of 2009 TDB Report No.6 of 2009 filed by the Ombudsman is numbered as DBP No.3 of 2009. The Ombudsman has reported that the High Power Committee constituted by the High Court for the conduct of the festival at Sabarimala in 1184 ME has functioned effectively and to the satisfaction of all concerned, that the president and members of the Travancore Devaswom Board also extended their full co- operation, so also the State Government. The income of the temple during the festival season in the current year has considerably increased compared to the income of the previous years. However, for want of queue complex, the devotees have to wait in the long queue for hours together. This is one of the works to be carried out. Even as per the master plan, there are other works to be done immediately before the next year season starts. The master plan for Sabarimala, therefore, has to be implemented with a time-bound programme and the progress now achieved is not satisfactory. Some of the works pertaining to the master plan are, setting up of a rope way, cardiology centres, sewage treatment plants, gas pipe line, shifting and construction of new aravana preparation plant etc. The Chief Engineer (Nodal Officer appointed by the Devaswom) is not seen given any power to deal with these matters. The Board at present has to look after the affairs of more than 1200 temples. As such more time cannot be devoted for the implementation of the master plan. It is therefore the suggestion and recommendation of the Ombudsman to set up a monitoring Committee consisting of the Additional Chief Secretary and representatives of the Devaswom as also various other agencies should be involved in the matter of implementation of the master plan. The Ombudsman concludes his report by suggesting that necessary orders be passed for constitution of a High Power Monitoring Committee for the implementation of the master plan.
D.B.P.No. 15 of 2009
2. TDB - Report No.25 of 2009 filed by the Additional Chief Secretary who is also the Chairman of the High Power Committee, is re-numbered as DBP 15 of 2009. The report gives a true account of the various arrangements made during the festival season by the High Power Committee. It is reported and acknowledged that the constitution of the High Power Committee has helped to provide various facilities within a time-bound manner though the time available was very short. With the efforts taken by the High Power Committee, the work of the various departments and agencies could be co-ordinated and hardship to the devotees minimised without giving much room for complaints. Therefore we appreciate on record the services rendered by the the High Power Committee. However we cannot rest contended with the arrangements made as there are various works to be completed under the master plan and it is necessary that these works are completed before the next festival season. The additional Chief Secretary in his report points out that the transportation of goods to the hill area causes some problem because the use of donkeys also gives criticism on account of the poor health and inadequate feeding and large quantities of the materials to be transported cannot be done by the headload workers. The condition of the Swamy Ayyappan road continues to be bad. Therefore it is suggested by the Additional Chief Secretary that it could be overcome by the introduction of a rope way for transportation as envisaged in the master plan.
3. So also there should be more number of free toilets which should be kept clean by contracting out the task of clean
