This special summons case was disposed of on the day of admission, with the Court relying on previous orders dated 11.01.2023 and 13.01.2023 regarding crowd management and advisory for pilgrims during the Makaravilakku festival.
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 16TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944
SSCR NO. 2 OF 2023
[IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-SABARIMALA SREE
DHARMA SASTHA TEMPLE-SM REPORT NO.2 OF 2023- REPORT
SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA REGARDING
ISSUANCE OF ADVISORY TO THE PILGRIMS WHO HAVE OBTAINED
VIRTUAL QUEUE SLOTS AFTER 1 P.M. ON THE MAKARAVILAKKU DAY
(14.01.2023) TO POSTPONE/TIME THEIR PILGRIMAGE TO THE NEXT
DAY (15.01.2023) ON ACCOUNT OF THE BOOKING OF ENTIRE VIRTUAL
QUEUE SLOTS ON 14.01.2023-SM PROCEEDINGS INITIATED-REG.]
PETITIONER/S:
SUO MOTU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPL SECRETARY TO
GOVERNMENT, REVENUE ( DEVASWOM ) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, 695001
2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003.3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695005.
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SSCR NO. 2 OF 2023
4 THE EXECUTIVE OFFICER, SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695003.5 THE STATE POLICE CHIEF PATHANAMTHITTA, PIN-6895456 THE DISTRICT COLLECTOR 2ND FLOOR, DISTRICT COLLECTORATE, PATHANAMTHITTA, KERALA - 689645.7 THE CIRCLE INSPECTOR OF POLICEPAMBA POLICE STATION, SABARIMALA, PIN-689 662
8 THE DISTRICT POLICE CHIEF PATHANAMTHITTA-6896459 THE STATION HOUSE OFFICER SANNIDHANAM POLICE STATION, SABARIMALA SANNIDHANAM, PATHANAMTHITTA, PIN - 689713.BY ADVS.
SRI.S.RAJMOHAN, SENIOR G.P.
SRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD – TDB
SRI.N. RAGHURAJ, AMICUS CURIAE
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING
COME UP FOR ADMISSION ON 16.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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SSCR NO. 2 OF 2023
ORDER
Anil K. Narendran, J.
The Special Commissioner, Sabarimala has filed this report for issuing advisory to pilgrims, who have obtained Virtual-Q bookings on 14.01.2023. The Special Commissioner would suggest that the Chief Police Coordinator may be directed to take a decision regulating the cut of time on 14.01.2023 and 15.01.2023. In this report, the Special Commissioner has pointed out the anticipated inflow of pilgrims on the day of Makaravilakku, congestion in trekking routes, etc. In SSCR No.23 of 2022 and DBP No.70 of 2022, we have passed detailed orders on 23.12.2022 dealing with crowd management during MandalaMakaravilakku festival season of 1198 M.E (2022-23).
‘5. SSCR No.2 of 2023 is filed by the Special Commissioner, Sabarimala, for issuing advisory to pilgrims, who have obtained Virtual-Q bookings on 14.01.2023. We have dealt with that issue in paragraph 6 of the order of this Court dated 11.01.2023, which reads thus:
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SSCR NO. 2 OF 2023
Senior Government Pleader, on instructions, from the District Police Chief, Pathanamthitta would submit that the vehicles carrying pilgrims will be blocked at Nilakkal by 11.00 a.m. on 14.01.2023. From 12.00 p.m. onwards, the movement of pilgrims and vehicles between Nilakkal to Pamba will be blocked. By 12.00 p.m., the movement of pilgrims from Pamba to Sannidhanam will also be blocked and by 12.45 p.m. ‘Pathinettampadi’ will be closed. After Uchapooja, the Sanctum Sanctorum of Sabarimala Sannidhanam will be closed by 1.00 p.m. Thereafter, pilgrims will be permitted Darshan at Sabarimala Sannidhanam only by 8.45 p.m., after Makarajyoti and Makarasakramapooja. After Makarasakramapooja, the pilgrims at Sannidhanam have to move towards Pamba, through Neelimala and also Swami Ayyappan Road. Therefore, movement of pilgrims from Nilakkal to Pamba and from Pamba to Sannidhanam shall remain suspended till 8.30 a.m. on 15.01.2023.”
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SSCR NO. 2 OF 2023
District Collector, Pathanamthitta and also the District Police Chief, Pathanamthitta have ensured on 12.01.2023 that necessary arrangements for Makarajyothi darshan, as stated in the report on Bandobust arrangements and detailed report on Makarajyothi view points, have already been made at the view points, strictly in terms of those reports. The learned Senior Government Pleader would submit that further inspection on the view points is also being undertaken today, in order to ensure safety of Sabarimala pilgrims.
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SSCR NO. 2 OF 2023
Elavunkal or nearby places so that, after dropping the pilgrims at Nilakkal, vehicles can be parked at Elavunkal and nearby places. The concerned Local Self Government Institutions shall render necessary assistance to such steps taken by the District Collector and the District Police Chief. Since all the parking grounds at Nilakkal are almost full and that situation is likely to continue till Makarajyothi darshan on 14.01.2023, the movement of pilgrims who have Virtual-Q slots on 14.01.2023 after 12 noon have to be regulated in an appropriate manner, in terms of the direction contained in paragraph 8 of the order of this Court dated 11.01.2023. While regulating the movement of vehicles to Nilakkal after 12:00 noon on 14.01.2023 by ‘hold and release mechanism’, it shall be ensured that holding of vehicles carrying pilgrims, to the maximum extent possible, are made at parking facilities at Edathavalams/ Temples depending upon the capacity of each location. The concerned Assistant Devaswom Commissioner and the Sub Group Officers shall ensure that the pilgrims are provided with necessary facilities including Annadhanam in those Edathavalams/Temples, in terms of the directions contained in SSCR No.20 of 2022.
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SSCR NO. 2 OF 2023
In such circumstances, based on the aforesaid submission, this SSCR is disposed of in terms of the orders dated 11.01.2023 and 13.01.2023.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
bkn/-
The State of Kerala
The Travancore Devaswom Board
The Devaswom Commissioner Travancore Devaswom Board
The Executive Officer, Sabarimala
The State Police Chief Pathanamthitta
The District Collector
ANIL K. NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
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