Disposed

Suresh.P.G v. the Secretary

Kerala HC25 Feb 2020DBP/8/2020

Case brief

AI extract

What is this about?

This Public Devaswom Board proceeding addressed grievances regarding lack of facilities for devotees during the Kumbham Makam Thozhal at Chottanikkara Bhagavathi Temple. The Court relied on an Ombudsman report detailing specific deficiencies. It directed the CDB, Police, and Panchayat to implement steps for water supply, toilets, roofing, and crowd management prior to the festival on 08.03.2020.

What did the court decide?

Directions issued to CDB, District Collector, and Panchayat to implement Ombudsman suggestions for water supply, temporary roofing, toilets, police presence, and cleanup.

Suresh.P.G Vs the Secretary — Municipal and Town Planning | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941

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DBP.No.8 OF 2020

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(IN THE MATTER OF COCHIN DEVASWOM BOARD - CDB REPORT NO.2/2020 IN COMPLAINT NO.185/19 - CONVENIENCES TO BE PROVIDED FOR KUMBHAM MAKAM THOZHAL IN CHOTTANIKKARA BHAGAVATHY TEMPLE - SUO MOTU PROCEEDINGS INITIATED - REG.)

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PETITIONER:

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SURESH.P.G AGED 45 YEARS GANGA BHAVAN, PUTHUVAKKATTU HOUSE AIRANIKKULAM PO, KUZHOOR VIA THRISSUR DISTRICT

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BY ADV. SUOMOTU

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RESPONDENTS:

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1 THE SECRETARY COCHIN DEVASWOM BOARD, THRISSUR

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2 THE ASSISTANT DEVASWOM COMMISSIONER COCHIN DEVASWOM BOARD, CHOTTANIKKARA

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3 THE SECRETARY TEMPLE ADVISORY COMMITTEE CHOTTANIKKARA DEVI TEMPLE, CHOTTANIKKARA

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4 THE SUPERINTENDENT OF POLICE (RURAL), ALUVA

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5 THE PRESIDENT, CHOTTANIKKARA PANCHAYAT

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6 THE DISTRICT COLLECTOR, ERNAKULAM

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R1 BY SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD R4, R6 BY GOVERNMENT PLEADER SRI. T.K.ANANDAKRISHNAN SRI. P. RAMACHANDRAN(AMICUS CURIAE)

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 25.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DBP. No.8 OF 2020

O R D E R

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Dated this the 25^th day of February, 2020

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Ravikumar, J.

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CDB Report No.2/2020 in Complaint No.185/2019 of the learned Ombudsman for Travancore and Cochin Devaswom Boards led to the registration of the captioned DBP. The issue involved is regarding the alleged inaction in providing facilities and in making arrangements as part of Kumbham Makam Thozhal of Chottanikkara Bhagavathi Temple. The report would reveal that on receipt of the complaint, the learned Ombudsman issued notices to various authorities. Obviously, on various dates, hearing was also conducted. Taking note of the fact that during the Makam Thozhal day, large number of devotees would throng there, the learned Ombudsman made the following suggestions:-

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DBP. No.8 OF 2020

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"(1) It is submitted that the queue starts from the School compound on the south cut across the road and reach the West Nada. To force women and children to stand in the queue for long under the hot sun may amount to human right violation. Hence, the authorities be directed to provide temporary roofing on the route till Nadapanthal.

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(2) Appropriate arrangement shall be made by the Devaswom for supply of drinking water to the devotees.

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(3) Sufficient number of Police Force shall be deployed to control/manage the crowd as usual.

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(4) Employees engaged on special duty shall be issued Passes to prevent unauthorised entry to the Nalambalam, violating the queue system.

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(5) Sufficient number of toilets shall be constructed including bio-toilets at appropriate places.

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(6) The Cochin Devaswom Board and the District Administrative Head shall ensure the arrangement and give necessary direction to all the stake holders wherever necessary with the ultimate object of ensuring darshan to the devotees in a systematic way.”

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It is for appropriate directions to all stake holders in the aforesaid matters that this report has been filed.

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DBP. No.8 OF 2020

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When this matter came up for consideration on 27.01.2020, this Court directed the learned Government Pleader and also the learned Standing Counsel for the Cochin Devaswom Board to get instructions in the matter. An affidavit has been filed by the 1^st respondent, viz. Secretary of CDB and along with it, the proceedings of the Devaswom Assistant Commissioner, Chottanikkara is produced as Annexure-R1(a). Annexure-R1(a) would reveal that the shortcomings in the arrangements highlighted in the report were addressed properly and the CDB had taken appropriate measures for the purpose of affording adequate facilities to redress the grievances raised in the complaint. With respect to the smooth supply of drinking water to the devotees, who were standing in the queue, it is stated that appropriate steps were taken for the smooth and uninterrupted supply of bottled water to the devotees. The learned Government Pleader submitted that sufficient numbers of police personnel would be deployed to control and manage the crowd on that day. Annexure-R1(a) would

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DBP. No.8 OF 2020

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reveal that to ensure that toilet facilities are available, steps were also taken by the Devaswom Board. It is stated therein that temporary toilets were constructed. It would also reveal that for the purpose of removing the waste left by the devotees, the Devaswom has taken a decision to engage temporary employees. It is also stated therein that immediately after the conclusion of the festival, using the service of such temporary hands, the area would be cleaned up.

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We are of the view that for smooth conduct of the

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festival, the co-operation of the Panchayat is also required besides the aforementioned actions from the part of the said respondents. The District Collector, viz. the 6^th respondent, shall issue appropriate directions to the Chottanikkara Panchayat for affording adequate assistance for the smooth conduct of the festival which is to take place on 08.03.2020 within the limits of the said Panchayat. The CDB and the District Administration shall ensure that appropriate

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DBP. No.8 OF 2020

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arrangements and steps are taken to redress the grievances with respect to the shortcomings, if any, in the arrangements made for the conduct of Makam Thozhal on 08.03.2020. While we are about to part with the judgment, the learned Amicus Curiae brought to our attention the fact that during the proceedings before the learned Ombudsman, there was no participation of the District Administration and the Chottanikkara Grama Panchayat. It is submitted that when the matter was taken up for consideration, though there was no representation for the Police Department, the Sub Inspector of Police, Chottanikara called on the learned Ombudsman thereafter and had a discussion regarding the arrangements. We record our strong displeasure in the conduct of the parties. When the learned Ombudsman summoned personnel from different departments, it is the duty of the officers of the department concerned to ensure participation and passing of necessary information and details to the learned Ombudsman. Now that the CDB and Police Department have come out with definite plans for the

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DBP. No.8 OF 2020

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smooth conduct of the festival, we direct them to implement

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the decisions for the smooth conduct of the festival.

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With the aforesaid observations and directions, this

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DBP is disposed of.

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Sd/- C.T. RAVIKUMAR, JUDGE

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Sd/- N. NAGARESH, JUDGE

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aks/25.02.2020

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DBP. No.8 OF 2020

APPENDIX

RESPONDENT'S EXTS:

ANNEXURE-R1(A) TRUE COPY OF REPORT NO.A1.1907/19 DATED 3.2.2020 SUBMITTED BY THE ASSISTANT COMMISSIONER, CHOTTANIKKARA DEVASWOM

Suresh.P.G v. the Secretary

Case brief

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Suresh.P.G v. the Secretary

Case brief

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