Court noted the impugned original petition (O.P. 15667/1992) was closed in 2002 and referenced prior 2023 directions on crowd management, declaring no fresh orders were necessary in this petition.
The original petition is marked as closed as further orders are absorbed by directions in SSCR No.23 of 2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 22ND DAY OF MAY 2023/1ST JYAISHTA, 1945
OP NO. 15667 OF 1992
INITIATION OF PROCEEDING UNDER ARTICLE 226 OF THE
CONSTITUTION- PUBLIC INTEREST LITIGATION- THE HARDSHIP,
PLIGHT AND GREAT INCONVENIENCE OF THE SABARIMALA PILGRIMS-
REPORTS IN VARIOUS NEWS PAPERS.
PETITIONER:
SUO MOTU
BY ADVS.SMT.RADHIKA RAJASEKHARAN
T.M.ABDUL LATHEEF
B.ASHOK SHENOY
J.HARIKUMAR
N.JAMES KOSHY
S.KRISHNA MOORTHY
R.PADMAKUMARI
PHILIP T.VARGHESE
RANI JOY
SEBASTIAN DAVIS
P.K.SURESH KUMAR (SR.)
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM.2 THE SECRETARY TO GOVERNMENT, ELECTRICITY DEPARTMENT.3 THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT.4THE SECRETARY TO GOVERNMENT,-:2:-
O.P.No.15667 of 1992
HOME AND GENERAL ADMINISTRATION.
5 THE SECRETARY, STATE TRANSPORT AUTHORITY, KERALA STATE, THIRUVANANTHAPURAM.6 THE SECRETARY, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM.7 THE SECRETARY,KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM.
8 THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM.*ADDL.R9 K. SREEKUMAR, S/O.LATE KRISHNA PILLAI, BHAGAVATHI VADAKKEL HOUSE, ERAMKULAM VILLAGE, PUTHUMALA, P.O. ADOOR. ADDL. R9 IS IMPLEADED AS PER ORDER DATED 04/08/1995 ON C.M.P. NO.20017/1995.*ADDL.R10 M/S. NATIONAL INSURANCE COMPANY LTD. DIVISIONAL OFFICE, P.B. NO.89, PURUMBATH BUILDING, PUMP JUNCTION. ADDL. R10 IS IMPLEADED AS PER ORDER DATED 08/11/1996 IN C.M.P. NO.31519/1996.*ADDL.R11 K. RADHAKRISHNAN, ADVOCATE, “VIGNESWARA”, PALLIYIL LANE, DIWAN'S ROAD, KOCHI-16, ERNAKULAM. ADDL. R11 IS IMPLEADED AS PER ORDER DATED 12/10/1998 IN C.M.P. NO.32161/1998 IN OP.15667/1992.*ADDL.R12 C.R. BHASKARAN,SECRETARY, SREE DHARMA SASTHA BHAKTHA SEVA MANDALI,
385, RAJA STREET, COIMBATORE. ADDL. R12 IS IMPLEADED
AS PER ORDER DATED 13/10/1998 IN C.M.P. NO.34765/1998
IN OP.15667/1992.
*ADDL.R13 STATE FARMING CORPORATION OF KERALA LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, NELLIPALLY, PUNALUR. ADDL. R13 IS IMPLEADED AS PER COMMON ORDER DATED 03/11/1998 IN C.M.P. NO.36846/1998 AND C.M.P. NO.36847/1998 IN OP.15667/1992.-:3:-
O.P.No.15667 of 1992
*ADDL.R14 NAVAB RAJENDRAN,S/O.K.V. KUNJU RAMA POTHUVAL, HOTEL MIDLAND, SHENOYS
JUNCTION, COCHIN-35 ADDL. R14 IS IMPLEADED AS PER
ORDER DATED 17/11/1998 IN C.M.P. NO.39364/1998 IN
OP.15667/1992.
*ADDL.R15 DIVISIONAL FOREST OFFICER, RANNI. ADDL. R15 IS IMPLEADED AS PER ORDER DATED 04/12/1998 IN C.M.P. NO.40830/1998 IN OP.15667/1992.*ADDL.R16 THE DEPUTY DIRECTOR, PROJECT TIGER, PERIYAR WILDLIFE SANCTUARY, THEKKADY.*ADDL.R17 RANGE OFFICER,PROJECT TIGER, VALLAKKADAVU RANGE. ADDL. R16 AND R17
ARE IMPLEADED AS PER ORDER DATED 10/09/2002 IN
C.M.P.14628/2001.
*ADDL.R18 THE DISTRICT COLLECTOR, PATHANAMTHITTA*ADDL.R19 THE DISTRICT COLLECTOR, KOTTAYAM*ADDL.R20 THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA*ADDL.R21 THE DISTRICT MEDICAL OFFICER, KOTTAYAM*ADDL.R22 THE SECRETARY TO GOVERNMENT OF KERALA, THE DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 18 TO 22 VIDE ORDER DATED 22.08.2012 IN O.P.BY ADVS.SMT.K.J.RAJANI
SRI.ANIL D.KARTHA
SRI.BINOY VASUDEVAN
SRI.P.RAMAKRISHNAN.
SRI.T.SANJAY
T.I.ABDUL SALAM
ADVOCATE GENERAL
ADDL.ADVOCATE GENERAL
K.K.BABU
BABU VARGHESE (SR.)
S.V.BALAKRISHNA IYER (SR.)
BIJU BALAKRISHNAN
M.K.CHANDRA MOHANDAS
CHINCY GOPAKUMAR
-:4:-
O.P.No.15667 of 1992
K.G.CLEETUS
DEEPIKA NEHRA
GEORGE C.P.THARAKAN
B.GOPAKUMAR
GEORGE JACOB
N.D.JOY
R.S.KALKURA
V.KRISHNA MENON
P.KURUVILLA JACOB
E.K.MADHAVAN
G.MADHAVAN NAIR
C.S.MANILAL
P.G.PARAMESWARA PANICKER (SR.)
V.PHILIP MATHEWS
K.RADHAKRISHNAN (SR.)
R.RAJASEKHARAN PILLAI
K.RAMAKUMAR (SR.)
A.RAMANATHAN
S.RAMESH BABU (SR.)
REJI RAMACHANDRAN
SAJEEV KUMAR K.GOPAL
SANTHA VARGHESE
I.SHEELA DEVI
D.SOMASUNDARAM
SUSEELA R.BHATT
C.S.SUNIL
SRI.C.K.KARUNAKARAN, SC, FOR KSEB
K.L.VARGHESE (SR.)
T.P.VARGHESE
P.VIJAYAMMA
SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ;
SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM
BOARD
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON
22.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-:5:-
O.P.No.15667 of 1992
JUDGMENT
Anil K. Narendran, J.
This original petition is registered suo motu based on the proceedings dated 27.11.1992 of the then Devaswom Bench, as a Public Interest Litigation, taking note of the hardship, plight and inconvenience of the Sabarimala pilgrims, based on various news items appeared in Hindu, Indian Express, Mathrubhoomi, Malayala Manorama, Kerala Kaudmudi, etc. In this original petition, this Court has passed various orders. By the judgment dated 10.09.2002, this original petition was ordered to be closed. Even thereafter, various reports were filed in this original petition and orders passed during the pilgrim seasons at Sabarimala.
“We see that this original petition is closed by the Division Bench on 10.09.2022. We have seen the original handwritten judgment in the last sheet of the 1st set of the judges papers. That judgment is issued by the Bench consisting of Justice S. Sankarasubban and Justice A. Lekshmikutty. In this view of the matter, this original petition need not be listed hereafter.”
“pending”.
-:6:-
O.P.No.15667 of 1992
“15.4. It is for the State Police Chief, through the Chief Police Coordinator in the rank of Additional Director General of Police, Joint Police Coordinator in the rank of Inspector General of Police and two Additional Police Coordinators in the rank of Deputy Inspector General of Police to ensure proper crowd management in Sabarimala during MandalaMakaravilakku festival seasons, to facilitate safe, secure, smooth and hassle-free darshan for the pilgrims. The Special Commissioner, Sabarimala shall file a report before this Court, at least one month before the commencement of the next Mandala-Makaravilakku festival season, along with a copy of this order, seeking appropriate orders for effective crowd management and other aspects at Nilakkal, Pamba, Sannidhanam and also in the traditional trekking path. The Police Bundobust Scheme prepared by the Kerala Police shall be made available for the perusal of this Court, at the time of consideration of that report of the Special Commissioner, Sabarimala.”
the order dated 20.01.2023 in SSCR No.23 of 2022, no further
-:7:-
O.P.No.15667 of 1992
orders are necessary in this original petition and hence the status of this original petition may be shown as “closed”.
It is made clear that further orders regarding crowd management and pilgrim facilities at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku festival seasons shall be considered in the reports to be filed by the Special Commissioner, Sabarimala, in terms of the directions contained in the order dated 20.01.2023 in SSCR No.23 of 2022.
Sd/-
ANIL K. NARENDRAN, JUDE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/23/5
Suo Motu
The State of Kerala
ANIL K. NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court