Disposed

Suo Motu v. the Travancore Devaswom Board

Kerala HC2 Aug 2022SSCR/4/2022

Case brief

AI extract

What is this about?

On a suo motu report regarding alleged exploitation of Sabarimala pilgrims at Erumely, the Court directed the Special Commissioner to file a further report on the legality of parking fees fixed by the TravelnCore Devaswom Board and directed the District Collector to post a Deputy Collector as Executive Magistrate at Erumely for supervision of enforcement squads.

What did the court decide?

Directed the District Collector to post a Deputy Collector at Erumely as Executive Magistrate for supervision of enforcement squads and directed the Special Commissioner to file a report on the legali

Suo Motu Vs the Travancore Devaswom Board — Constitutional and Fundamental Rights | Kerala HC (2022)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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TUESDAY, THE 2ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944

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SSCR NO.4 OF 2022

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IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – REPORT OF THE SPECIAL

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COMMISSIONER, SABARIMALA – ALLEGED EXPLOITATION OF SABARIMALA

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PILGRIMS AT ERUMELY – SUO MOTU PROCEEDINGS INITIATED REG.

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PETITIONER:

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SUO MOTU

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RESPONDENT:

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1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM – 695 003.

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2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM – 695 003.

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3 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM – 695 001.

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4 DISTRICT COLLECTOR,

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KOTTAYAM, KERALA STATE – 686 002.

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5 ERUMELY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT - 686509.

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6 ADDITIONAL R6 - THE REGIONAL TRANSPORT OFFICER, COLLECTORATE, KOTTAYAM-686 002

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*IS SUO MOTU IMPLEADED AS THE ADDITIONAL R6 RESPONDENT

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SSCR No.4 of 2022

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VIDE ORDER DATED 23/03/2022 IN SSCR 4/2022

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7 • ADDITIONAL R7: STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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 * THE DESCRIPTION OF THE ADDL. 7TH RESPONDENT IS SUO
MOTU CORRECTED AS PER ORDER DATED 02.08.2022

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THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001

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8 ADDL R8: THE SECRETARY TO GOVERNMENT (*CORRECTED)
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
*ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 7 AND
8 VIDE ORDER DATED 01/04/2022 IN SSCR NO.4/2022.

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*CORRECTED AS

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THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT,
THIRUVANANTHAPURAM-695 001
*THE ADDITIONAL 8TH RESPONDENT IS SUO MOTU CORRECTED AS
PER ORDER DATED 28/06/2022 IN SSCR NO.4/2022

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BY ADVS.

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GOVERNMENT PLEADER
SMT. CHITHRA CHANDRASEKHARAN FOR R5
SHRI. G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR
ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

SSCR No.4 of 2022

ORDER

Anil K. Narendran, J.

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The Special Commissioner, Sabarimala, has filed this report seeking an order directing the 3^rd respondent State to post a duty Magistrate in the rank of Deputy Collector with executive magisterial powers to co-ordinate the activities of the revenue control room at Erumely and supervise the functions of the squads engaged in checking the establishments and also to ensure safety and convenience of Sabarimala pilgrims. The said report of the Special Commissioner reads thus;

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“Erumely, situated in Kottayam district is an important transit point. Edathavalam for Sabarimala pilgrims. The Travancore Devaswom board has auctioned four parking grounds in land owned by it at Erumely town to contractors. The Travancore Devaswom board has fixed rates for different categories of vehicles and the contractors are permitted to collect only the said rate from pilgrims. Apart from parking grounds, the Travancore Devaswom board has auctioned 228 toilets and 114 bathrooms by fixing the rates, to contractors.

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There are several other private parking grounds and comfort stations/toilets in and around Erumely town, which cater to the need of Sabarimala pilgrims. The Erumely Panchayat and the District administration, Kottayam has not

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SSCR No.4 of 2022

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fixed the uniform rates for parking vehicles and using the toilets/bathrooms.

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Under the District administration, Kottayam a revenue control room headed by a Deputy Tahsildar functions in Erumely town during the Mandala-Makaravilaku period which comprises of the officers of the revenue, civil supplies, legal meteorology and Health departments. Squads from the revenue control room Erumely conducts routine inspections of the shops, commercial establishments, parking grounds, comfort stations etc. and ensure that every establishment is functioning properly. If any Sabarimala pilgrims has grievances about levying of excess charges, the officers of the squad from the revenue control room will certainly look into each and readdress their grievance.

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Apart from that sufficient number of police force under special officer is posted at Erumely to ensure smooth flow of traffic and conduct of festival. In the complaint also no specific instances of exploitation of pilgrims by charging excess fare at parking grounds and comfort stations are mentioned.

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Erumely is a township and the hotels and shops are permanent establishments. It is true that a hotel employee having criminal antecedents is alleged to have committed an offence under the POCSO Act on a minor girl and police have registered crime FIR No.1127/21 Erumely Police Station and the culprit was remanded to judicial custody. However, since the hotels are permanent establishment, Police clearance certificate from employees are not insisted. Other than the above referred instance no other specific instances of offence

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SSCR No.4 of 2022

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committed against Sabarimala pilgrims are reported.

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However, if a duty magistrate with executive magisterial power in the rank of a Deputy Collector is posted for duty to head the revenue control room better co-ordination in the activities of all the departments can be ensured. The checking and surveillance of hotels and shops /parking lots and comfort stations can also be supervised by the duty magistrate.

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In the said circumstances, it is prayed that the State Government may be directed to post a duty magistrate in the rank of Deputy Collector with executive magisterial power to co-ordinate the activities of the revenue control room and supervise the functions of the squads engaged in checking the establishments and also to ensure safety and convenience of the Sabarimala pilgrims.”

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On 11.02.2022, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 and 2. The learned Senior Government Pleader took notice for respondents 3 and 4. Registry was directed to issue a copy of this report to the learned Standing Counsel for Erumely Grama Panchayat. The learned Senior Government Pleader and also the learned Standing Counsel for Erumely Grama Panchayat were directed to get instructions. The learned Standing Counsel for Travancore Devaswom Board was directed to file statement on behalf of respondents 1 and 2.

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SSCR No.4 of 2022

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On 23.03.2022, when this report came up for

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consideration, the Regional Transport Officer, Kottayam was suo motu impleaded as the additional 6^th respondent. Thereafter, by the order dated 01.04.2022, the State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department and the Additional Chief Secretary to Government, Local Self Government Department were suo motu impleaded as the additional respondents 7 and 8. The learned Senior Government Pleader entered appearance for additional respondents 7 and 8 and sought time to get instructions.

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The learned Standing Counsel for Travancore Devaswom Board has also filed a statement dated 18.03.2022, which read thus;

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“This statement is filled without prejudice to the right these respondents to file a detailed counter affidavit, if necessary. 1. It is submitted that Travancore Devaswom Board as part of its commitment to provide facilities to the pilgrims, used to auction the land owner by it in Erumely for providing parking space for the vehicles of devotees. The rate for parking each type of vehicle is fixed and the contractor who bids the auction shall collect parking fees only in terms of the rate fixed by the Board in this regard. The rate fixed for 1 day for each type of vehicle is as follows:

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SSCR No.4 of 2022

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(a) Two wheeler Rs.10/(b) Autorickshaw Rs.20/(c) Car Rs.30/(d)Jeep, Tata Sumo, Qualis, etc. (e) Van Rs.50/(f) Mini Bus Rs.75/(g) Bus Rs.100/-

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The auction amount of the parking area owned by for the three years is an follows;

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2019-2020 Rs. 35,25,000/2020-2021 Rs. 1,67,777/2021-2022 Rs. 14,14,999/-

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It is submitted that the Board has also auctioned its latrine complex at Erumely to the contractors fixing rate for its usage. The auction amount of the latrine complex for the last three years is as follows;

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2019-2020 Rs. 54,37,810/2020-2021 Rs. 1,39,000/2021-2022 Rs. 24,25,999/-

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The usage charge for latrine and bathroom are fixed at Rs.5/- and Rs.10/- respectively.”

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By the order dated 01.04.2022, the learned Standing

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Counsel for Travancore Devaswom Board was directed to produce a

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copy of the decision taken by the Board regarding fixation of parking fees, as referred to in paragraph 1 of the statement dated 18.03.2022.

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The Secretary of Erumely Grama Panchayat has filed a

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SSCR No.4 of 2022

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report dated 02.03.2022. Paragraphs 2 to 10 of that report read thus;

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“2. It is respectfully submitted as per the report dated 13.01.2022 filed by the Special Commissioner, Sabarimala, it is stated that there exists some exploitation of pilgrims by charging exorbitant fare and fee at the parking grounds and comfort stations/toilets in and around the Erumely Town, by the private operators especially during Sabarimala Pilgrimage season. It is also stated that Travancore Devaswom Board has auctioned space for parking grounds in the land owned by them at Erumely Town to private contractors. The report further states that 228 toilets and 140 bathrooms are operated by the contractors in the places auctioned by the Travancore Devaswom Board.

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As evident from the report submitted by the Special Commissioner, Sabarimala, specific rates are fixed for different categories of vehicles in the parking grounds and the comfort station/toilets leased out and run by the private operators under the Devaswom Board. The contractors are permitted to collect the rates fixed by the Travancore Devaswom Board.

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It is submitted that this respondent was earlier issuing temporary license for short span of 90 days at a consolidated license fee to few persons who had approached this respondent. However, this has been discontinued now as the statutory provisions does not authorize the panchayat to issue temporary license for consolidated license fee.

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In this regard, it is submitted that Section 228 of the Kerala Panchayat Raj Act, 1994 (herein after the Act), stipulates that;

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SSCR No.4 of 2022

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"Private cart-stands.-

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(1) No persons shall open a new private cart-stand or continue to keep open a private cart-stand unless he obtains from the village panchayat a license to do so. Such license shall be got renewed by the licensee every year.

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(2) The Village Panchayat shall, as regards private cartstands already lawfully established, and may at its discretion, as regards new private cart-stands, grant the license applied for, subject to the payment of the prescribed fee and to such conditions as the Village Panchayat may think fit as to supervision and inspection, sanitation and such other matters as may be prescribed, or the village panchayat may refuse to grant such license for any new cart-stand.

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(3) The Village Panchayat may modify the conditions of the license to take effect from a specified date.

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(4) The village panchayat may at any time suspend or cancel any license granted under sub-section (2) for breach of the conditions thereof.

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(5) The Village Panchayat may levy on every grant or renewal of a license under this section a fee not exceeding two hundred rupees.

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(6) The licensee of a private cart stand may levy fees at rates not exceeding the maximum prescribed”

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There are several parking grounds in and around Erumely

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Town under the jurisdiction of this respondent which are operated by the private individuals in their properties. This includes parking ground operated by the Travancore Devaswom Board, Juma Masjid Erumely and 5 other persons. It is submitted that the parking grounds operated by the private operators at the places which are auctioned by the Travancore Devaswom Board and the parking grounds operated by the private individuals including Juma Masjid in their respective properties are bound to obtain license under section 228 of the Act. In this context, it is submitted that Rule 23 of Kerala Panchayat Raj (Landing places, Halting Places,

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SSCR No.4 of 2022

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Cart Stands and Other vehicles Stands) Rules, 1995 stipulates that a private parking ground can be permitted only by obtaining prior sanction of the Regional Transport Authority having jurisdiction over the concerned Area.

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Since the private parking grounds operated by the Travancore Devaswom Board, Juma Masjid Erumely and other private individuals have not taken license as stipulated above and they are also charging exorbitant parking fees from the Sabarimala Pilgrims. This is in violation of the rates prescribed under Rule 9 of the Kerala Panchayat Raj (Landing places, Halting Places, Cart Stands and Other vehicles Stands) Rules, 1995 as listed herewith;

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“(1) Maximum fee for a period not exceeding 24 hours if no amenities are provided Rate of fees.-

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For every hand, cart, Rs.1/rickshaw, cycle or cycle rickshaw 2. Auto-rickshaw Rs.2/3. For every cart drawn by Rs.2/animals 4. For every mini bus, Rs.4/tempo, trekker and mini lorry 5. For every bus and lorry Rs.6/6. For every Horse, Ass, Ox, Rs.1/Cow, She Buffalo and He Buffalo Maximum fee for a period not exceeding 24 hours if amenities are provided;

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Rate of fees.1. For every hand, cart, Rs.2/rickshaw, cycle or cycle

SSCR No.4 of 2022

rickshaw

2. Auto-rickshaw	Rs.3/-
3. For every cart drawn by animals	Rs.4/-.
4. For every mini bus,	Rs.8/-
tempo, trekker and mini lorry
5. For every bus and lorry	Rs.10/-
6. For every Horse, Ass, Ox, Cow, She Buffalo and He Buffalo	Rs.2/-

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Note: The minimum amenities to be provided shall be shelter for passengers, vehicles and animals, drinking water facilities and urinal.”

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It is submitted that in the above said circumstances this respondent has issued notices dated 24.02.2022 to all the private operators who are running unauthorized parking grounds including Travancore Devaswom Board and Juma Masjid directing to take appropriate steps to submit application for obtaining license to operate private parking grounds under Rule 22 of the Kerala Panchayat Raj (Landing places, Halting Places, Cart Stands and Other vehicles Stands) Rules, 1995 for parking and halting places for the Sabarimala Pilgrims on or before 15.03.2022. Specific direction were issued to fix display boards showing the rates for parking fees prescribed under Rule 9 separately for different type of vehicles. A True copy of the notice issued by this respondent on 24.02.2022 to the Deputy Commissioner, Travancore Devaswom Board is produced herewith and marked as Annexure R-5(a). Similar notices are also issued to 6 other operators of private parking

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SSCR No.4 of 2022

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grounds operated in and around Erumely Town.

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It is submitted that once the applications are received from the concerned parties, immediate steps will be taken by this respondent to obtain sanction from the Regional Transport Authority. Appropriate decision will be taken on the application submitted for license subjected to the prior permission from the Regional Transport Authority.

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It is respectfully submitted that by bringing all the private parking ground operators under the license purview, the issue of different rates of parking fees and charging of exorbitant parking fees from various parking grounds at Erumely Town during Sabarimala Pilgrimage Season can be curbed.”

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The 4^th respondent District Collector, Kottayam, has filed a statement dated 23.02.2022, wherein it is stated that Deputy Collectors are being posted at Sannidhanam, Pampa and Nilakkal. Similarly a Deputy Collector can be posted at Erumely also as Executive Magistrate for more effective co-ordination and supervision of enforcement squads functioning at Erumely. Paragraphs 2 to 6 of that statement read thus;

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“2. It is humbly submitted that the parking facilities providers at Erumely during the Sabarimala Festival season are the Travancore Devaswom Board Ground, Muslim Jama At at Jama At Ground and several private persons in their private properties.

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SSCR No.4 of 2022

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Certain complaints were reported regarding the over charging of parking fee during the peak time of festival season owing to the high demand and shortage in facilities. The food and beverage prices are controlled in the festival area by publishing the maximum rate which can be levied for each item as fixed by the District Administration.

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But for parking fee no uniform rate is yet fixed. If the District Administration is empowered by the statue or through an order of the Hon'ble High Court to fix uniform parking fee depending on the type of vehicle in festival area during the festival season in the parking lots irrespective of service providers these areas can be kept under surveillance and monitored through enforcement squads functioning at Erumely.

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Such rates can be published by the District Administration in different languages (as in the case of food & beverage rates) and thus restrain the parking slot providers from overcharging the pilgrims.

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Deputy Collectors posted as Executive magistrates at Sannidhanam, Pampa and Nilakkal. Similarly, a Deputy Collector can be posted at Erumely also as Executive magistrate for more effective coordination and supervision of enforcement squads functioning at Erumely in this case also.”

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Heard the learned Standing Counsel for Travancore

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Devaswom Board for respondents 1 and 2, the learned Senior Government Pleader for respondents 3, 4 and additional respondents

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6 to 8 and also the learned Standing Counsel for the 5^th respondent

SSCR No.4 of 2022

Grama Panchayat.

In exercise of its powers under Sections 227 and 228 of the Kerala Panchayat Raj Act, 1994 read with Section 254 thereof, the State Government made the Kerala Panchayat Raj (Landing Places, Halting Places, Cart Stands and Other Vehicle Stands) Rules, 1995. Rule 9 of the said Rules which deals with rate of fee for the use of public halting place or cart stand reads thus;

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“9. Rate of fees.- (1) Fee shall be levied for the use of a public halting place or cart stand at the rates not exceeding the following, namely:-

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	Maximum fee	Maximum
	for a period not exceeding 24 hours if no amenities are provided	fee for a period not exceeding 24 hours if amenities are provided
	Rs.	Rs.
1. For every hand, cart, rickshaw, cycle or cycle rickshaw	1	2
2.Auto-rickshaw	2	3
3. For every cart drawn byanimals	2	4
4. For every mini bus, tempo, trekker and mini lorry	4	8
5. For every bus and lorry	6	10
6. For every horse, ass, ox, cow, she buffalo and he buffalo	1	2

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Note: — The minimum amenities to be provided shall be shelter for passengers, vehicles and animals, drinking water facilities and urinal.

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(2) Fee shall be levied, for a single halt at a public halting

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SSCR No.4 of 2022

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place or landing place, subject to the minimum and maximum rates specified below, namely :—

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	Minimum	Maximum
	Rs.	Rs.
1. Motor boat or	3	6
steam launch
2. Steam or motor	4	10
tug
3. Cabin boat	1	2
4. Vessels with	1	2
capacity of one
tonne or less
5. Vessels with	1	2
capacity of above
one tonne and upto
five tonnes
6. Vessels with	4	6
capacity of above 5
tonnes and upto
ten tonnes
7. Vessels with	8	12
capacity of above
10 tonnes
8. Raft	1	2
9. Timber and fire	8	12
wood upto 20
tonnes
10. Timber and	1	2
firewood above 20
tonnes for every
additional tonne

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Explanation. — 'Single halt' means a halt at the landing place for loading and unloading purpose at a time.

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(3) Fee to be levied for storing goods in the space allotted in public landing places shall be as follows:-

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Rs. 1. For storing of goods in 100 sq. 5 feet space for one day 2. (a) Rent for a single room per 25 day (b) Rent for a double room per day 40 3. For stay in public landing place 5 for one day

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Explanation. — 'Stay' means halt by a vessels or boat for more time than what is actually required for loading or unloading at a time.”

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SSCR No.4 of 2022

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The aforesaid Rules came into force in the year 1995. The rate of fees prescribed in Rule 9 is yet to be revised. It is for the additional 8^th respondent to consider the question as to whether the rate of fees in Rule 9 requires revision. Despite the direction contained in the order dated 01.04.2022, the decision taken by the 1^st respondent Travancore Devaswom Board regarding fixation of parking fee, as referred to in paragraph 1 of the statement dated 18.03.2022, is not placed on record. The legality of collection of parking fee in terms of such a decision taken by the Board requires detailed consideration. The stand of the State on revision of the rate of fees in Rule 9 has also to be ascertained.

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In such circumstances, the Special Commissioner, Sabarimala is directed to file a separate report on the above aspect, with the State of Kerala represented by the Chief Secretary to Government; the Principal Secretary to Government, Revenue (Devaswom) Department; the Additional Chief Secretary to Government, Local Self Government Department; and also Erumely Grama Panchayat, represented by its Secretary shall be arrayed as respondents in that report. It is made clear that, this order will not

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SSCR No.4 of 2022

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stand in the way of the additional 8^th respondent considering the question as to whether the rate of fees in Rule 9 requires revision.

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In the statement dated 23.02.2022, the 4^th respondent

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District Collector, Kottayam, has stated that a Deputy Collector can also be posted at Erumely as Executive Magistrate for more effective co-ordination and supervision of enforcement squads functioning at Erumely.

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In the result, this report is disposed of with the direction contained hereinbefore at paragraph 11 and a further direction to the 4^th respondent District Collector to post a Deputy Collector at Erumely as Executive Magistrate for effective co-ordination and supervision of enforcement squads functioning at Erumely during Sabarimala festival seasons.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

MIN

SSCR No.4 of 2022

APPENDIX OF SSCR NO.4 OF 2022

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RESPONDENTS' EXHIBITS:

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ANNEXURE R5(A) TRUE COPY OF THE NOTICE ISSUED TO THE DEPUTY
COMMISSIONER, TRAVANCORE DEVASWOM BOARD DATED
24.02.2022.

Suo Motu v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

Suo Motu v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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