DBP No.136 of 2023 (Travancore Devaswom Board - Sree Sarkkara Devi Temple - Complaint regarding KSRTC buses decorated with flowers)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945 DBP NO. 136 OF 2023 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SREE SARKKARA DEVI TEMPLE - COMPLAINT REGARDING KSRTC BUSES DECORATED WITH FLOWERS - SUO MOTU PROCEEDINGS INITIATED BASED ON COMPLAINT DATED 21.11.2023 RECEIVED FROM A DEVOTEE – REG. ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`*2 SECRETARY/JOINT SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN – 695001 (*DESCRIPTION OF THE 2[ND] RESPONDENT IS SUO MOTU CORRECTED AS SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-695 001 AS PER ORDER DATED 22.12.2023 IN DBP NO.136 OF 2023)`** - **`3 TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, II FLOOR, TRANS TOWER, THYCADU P.O., VAZHUTHACADU, THIRUVANANTHAPURAM, PIN - 695014`** - **`4 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695035`** - **`5 TRAVANCORE DEVASWOM BOARD NANTHANCODE, KAWDIAR P.O, THIRUVANANTHAPURAM, PIN –`** 2 DBP No.136 of 2023 ## **`695003, REPRESENTED BY ITS SCRETARY`** - **`6 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003`** - **`7 ADMINISTRATIVE OFFICER SARKKARA DEVI TEMPLE, PANDAKASALA SARKARA ROAD, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM, PIN - 695304`** - **`8 TEMPLE ADVISORY COMMITTEE SARKKARA DEVI TEMPLE, PANDAKASALA SARKKARA ROAD, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695304 REPRESENTED BY ITS SECRATARY`** - **`*ADDL.R9 THE STATION HOUSE OFFICER, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM, PIN-695 304 IS SUO MOTU IMPLEADED AS THE ADDITIONAL 9[TH] RESPONDENT BY THE ORDER DATED 25.01.2024 IN DBP NO.136 OF 2023`** ``` BY ADVS.SRI.DEEPU THANKAN, SC, KSRTC SRI.M.DINESH ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 25.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP No.136 of 2023 ## **JUDGMENT** ## Anil K. Narendran, J. This DBP is registered _suo motu,_ vide proceedings dated 21.12.2023, based on a complaint received from one Maniyan, a devotee of Sree Sarkkara Devi Temple, regarding the usage of KSRTC service buses decorated with flowers for transporting Sabarimala pilgrims from Sarkkara Devi Temple to Pamba. A few screenshots of the KSRTC bus decorated with flowers, which were uploaded in the Facebook page of the President of the Temple Advisory Committee, are also enclosed with that complaint, which are reproduced hereunder; **==> picture [337 x 334] intentionally omitted <==** 4 DBP No.136 of 2023 2. On 22.12.2023, when this DBP came up for consideration, the learned Senior Government Pleader took notice for respondents 1 to 3, the learned Standing Counsel for KSRTC for the 4[th] respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 5 to 7. This Court issued urgent notice by speed post to the 8[th] respondent, returnable by 11.01.2024. The learned Senior Government Pleader and the respective Standing Counsel were directed to get instructions. 3. A counter affidavit dated 23.01.2024 has been filed on behalf of the 4[th] respondent KSRTC. Paragraphs 2 to 8 of that counter affidavit read thus; “2. The above DBP was registered based upon a complaint from one Maniyan, a devotee of Sree Sarkara Devi Temple, Chirayankeezhu regarding the usage of KSRTC service buses decorated with flowers for transporting Sabarimala pilgrims from Sarkara to Pamba. It is alleged that the buses were decorated with flowers at the instance of President and members of Temple Advisory Committee. 3. It is submitted that in the year 2022, an order was passed by this Honourable Court making it clear that buses of the KSRTC carrying pilgrims to Sabarimala shall not be decorated with flowers. 4. After the above order, prior to the commencement of the present Sabarimala Mandala Makaravilakku season, specific instructions were given to all the depots not to decorate 5 DBP No.136 of 2023 any vehicle operating to Sabarimala with flowers and not to permit any of the pilgrims or any other temple committees to decorate the vehicle with flowers. The same can be seen in the general instructions given by the Chairman and Managing Director of the KSRTC. A true copy of the memorandum dated 07.11.2023 is produced and marked as Exhibit R4(A). 5. The KSRTC operates daily buses to Sabarimala, during the Mandala-Makaravilakku season, for more than 30 years. The special service to Sabarimala operates from Sarkara temple to Pamba via Attingal, Kilimanoor, Kottarakkara, Adoor, Pathanamthitta, Nilakkal. As a part of the rituals the temple advisory committee and the devotees of the temple used to decorate the bus with flowers when the first journey of the season commences. Every year, the first special service buses to Sabarimala are decorated separately by the pilgrims or the Temple Advisory Committee. The Corporation or the officers of the concerned Depot does not interfere with such activities as this has been the practice for years unless the decoration goes overboard and violates the rules. However, specific instructions have been given after the last year's order that at any cost, no decoration shall be permitted in any of the buses and same has been followed except on one occasion at Sarkara Devi Temple. 6. Immediately on coming to know of the same, C.P Prasad, ATO Attingal, telephonically contacted the President of the Temple Advisory Committee and enquired about the same. It was informed to the ATO that the same was done by some persons who gathered over there against the objections raised by the officials of the Temple Advisory 6 DBP No.136 of 2023 Committee. The devotees who gathered over there and done the above action, were not listening to the objections of the crew of the vehicle. The crew of the vehicle also reported to the ATO that irrespective of the instructions the persons gathered over there forcefully decorated the vehicle and some of them were travelling in the bus to Sabarimala as well. The crew was unable to resist it at that time as it was done by a mass, considering it as a part of the temple worship. The said act was done by the devotees as per the prevailing custom of decorating the first special service bus to Sabarimala. The crew of the bus also have their limitation as it a sensation issues. 7. It is submitted that in the above case, as soon as the same was brought to the notice of the Corporation, the entire decoration was removed from the bus at Pampa itself. The Corporation does not permit such activities that violate the orders of this Hon'ble Court. It is also important to note that unless and until the public at large is educated with respect to the laws regarding Motor Vehicles and the orders of this Hon'ble Court, such unscrupulous activities will continue to happen. Law enforcement agencies should always be vigilant and strict action should be taken against the violators. The KSRTC will also direct each depot not to encourage such activities. 8. It is submitted that in the above case the interference of the Corporation was very limited with respect to the decoration done on the bus. All steps are being taken on the part of the Corporation to avoid such incidents in the future. The crew of the bus also have their limitation as it a sensation issue and which may lead to communal issues or violences. 7 DBP No.136 of 2023 4. The 8[th] respondent Temple Advisory Committee has also filed a counter affidavit dated 23.01.2024. Paragraphs 3 to ## 5 of that affidavit read thus; “3. Every year "Mandala Period" the 4[th] respondent provide bus service for the Sabarimala pilgrims to Pamba from Sarkara Devi Temple ground. Around 50 pilgrims would enjoy this facility. Last year the devotees and pilgrims were decorated the bus with garlands. This Hon'ble Court suo motu passed the Judgment/order and prevented the decorations on the vehicles. The devotees and pilgrims were decorated without the permission of the Temple Advisory Committee or other officers. 4. In 2023 the devotees and pilgrims were aware of the Judgment/Order of this Hon'ble Court preventing decoration of the vehicles. The Temple Advisory Committee also requested to obey the Judgment/Order of this Hon'ble Court and directed not to decorate the bus starting from Sarkara Devi Temple to Pamba. On 17.11.2023 the first day of "Mandalakala Period" the bus was plied to Pamba from Sarkara Devi Temple. Two garlands from Sreekovil (Charthu Haaram) only were tied on the bus. The vehicle was blessed by “Melsanthy" on that occasion. 5. The bus starts from Sarkara Devi Temple at 8.30 p.m. daily at Mandala Period and allowed to enter the other pilgrims on the way to Pamba. There are so many "Bhajana Sangam" on the way to Pamba. The Temple Advisory Committee shall take effective supervision to honour the Judgment/Order of this Hon'ble Court and enlightened the crux of the Judgment/order of this Hon'ble Court to the devotees and pilgrims. Some of the rival group did not post 8 DBP No.136 of 2023 the actual event in the social media instead of that the old photos re-created and posted in the social media. These postings are punishable under Information Technology Act which creates confusion to 8[th] respondent also. Hence this Hon'ble Court may be pleased to excuse the Temple Advisory Committee for not enlightening the consequence of decoration on the bus as observed by this Hon’ble Court in the Judgment/Order to prevent such activities.” 5. Heard the learned Senior Government Pleader, learned Standing Counsel for KSRTC, the learned Standing Counsel for Travancore Devaswom Board and also the learned counsel for the 8[th] respondent Temple Advisory Committee of Sarkkara Devi Temple. 6. As evidenced from the screenshots of the KSRTC bus decorated with flowers, reproduced hereinbefore at paragraph 1, the entire radiator grill of the KSRTC bus used for carrying Sabarimala pilgrims from Sarkkara Devi Temple at Chirayikeezhu in Thiruvananthapuram district to Pamba in Pathanamthitta district was decorated with flowers, causing threat to the safety of the pilgrims travelling in that vehicle. During the current Mandala-Makaravilakku festival season, there was an incident of emission of thick smoke from the battery compartment of a KSRTC bus used for Nilakkal-Pamba Chain Service, in the morning hours of 11.01.2024. Since the bus was not carrying 9 DBP No.136 of 2023 any pilgrims and the driver and conductor of the bus were able to come out of the driver's cabin and passenger compartment, none sustained any injury. 7. In paragraph 27 of the order dated 20.01.2023 in SSCR No.23 of 2022 and connected matters **- Suo Motu v. State of Kerala [2023 (4) KHC SN 11 : 2023 KER 26434]** - this Court issued specific directions insofar as the decorations in motor vehicles carrying Sabarimala pilgrims are concerned. Paragraph 27 of that order reads thus; “27. **Transport vehicles including KSRTC buses decorated with flowers and leaves:-** In the order dated 15.11.2022 in this SSCR, this Court re-produced two screenshots taken from a news item that appeared in online media regarding two motor vehicles used for the transportation of Sabarimala pilgrims during the MandalaMakaravilakku festival season of 1997 ME (2021-22), which are re-produced hereunder; **==> picture [178 x 130] intentionally omitted <==** **==> picture [175 x 130] intentionally omitted <==** In the order dated 15.11.2022, this Court held that such vehicles cannot be permitted to be used in public place for carrying Sabarimala pilgrims or any other passengers. Similarly, goods carriages cannot be permitted to be used 10 DBP No.136 of 2023 in public place for carrying Sabarimala pilgrims or any other passengers. Therefore, by the order dated 15.11.2022, this Court directed the Enforcement Officers in the Motor Vehicles Department and also the Police to prevent the use of such vehicles in the public place, flouting the safety standards and also the standards relating to control of noise referred to in the orders of this Court in SSCR No.20 of 2021. 27.1. In the order dated 19.11.2022, this Court noticed that similar activities are being undertaken during MandalaMakaravilakku festival season of 1198 ME (2022-23), on transport vehicles, including vehicles operated by KSRTC. A screenshot of a KSRTC bus decorated with flowers, which was re-produced in the order dated 15.11.2022 is reproduced hereunder; **==> picture [254 x 181] intentionally omitted <==** 27.2. On 19.11.2022, during the course of arguments, the learned Standing Counsel for KSRTC submitted that the vehicle in question is operated from Attingal Depot to Pamba, which was decorated by the Temple Advisory Committee of Chirayankeezh Sarkara Temple. The learned Standing Counsel further submitted that such practice is being followed in some other Depots as well. 27.3. In the order dated 19.11.2022, this Court made it 11 DBP No.136 of 2023 clear that the directions contained in the orders of this Court in SSCR No.20 of 2021 and also that contained in the orders in this SSCR have to be scrupulously followed by all concerned. Therefore, the Police and the Enforcement officers in the Motor Vehicles Department shall not permit any activity similar to that in the photographs re-produced hereinbefore in any motor vehicle, which is used in a public place. The use of such vehicles in public place causes distraction to other road users, especially the drivers of other vehicles, thereby causing threat to the safety of passengers in that vehicle and also other road users. 27.4. It is for the Enforcement Officers in the Motor Vehicles Department and also the Police to prevent any activity similar to that in the screenshots referred to hereinbefore at paragraphs 27 and 27.1. in any motor vehicle, which is used in a public place for carrying Sabarimala pilgrims, during Mandala-Makaravilakku festival seasons. It is made clear that, the order of stay granted by the Apex Court on 09.01.2023 in SLP(C)No.23478 of 2022, which relates to display of advertisements on KSRTC buses, will not enable KSRTC to operate its vehicles after decorating the same in the manner, as seen in the screenshot re-produced hereinbefore at paragraph 27.1, openly flouting the safety standards relating to light, lightsignalling devices and retro-reflectors in AIS-008, the requirements of display of registration mark in the manner specified in Rules 50 and 51 of the Central Motor Vehicles Rules, 1989, etc.” Having considered the averments in the counter affidavit dated 23.01.2024 filed on behalf of the KSRTC and the counter 12 DBP No.136 of 2023 affidavit dated 23.01.2024 filed by the 8[th] respondent Temple Advisory Committee and also the submissions made at the Bar, we deem it appropriate to dispose of this DBP by directing the 4[th] respondent KSRTC and the additional 9[th] respondent Station House Officer, Chirayinkeezhu Police Station to take necessary steps, during Mandala-Makaravilakku festival seasons, that the directions contained in paragraph 27 of the order dated 20.01.2023 in SSCR No.23 of 2022 and connected matters **- Suo** ## **Motu v. State of Kerala [2023 (4) KHC SN 11 : 2023 KER** **26434]** – is complied with in letter and spirit by all concerned, in order to ensure the safety of the pilgrims, including the children of tender age, persons with disabilities and senior citizens. The additional 9[th] respondent Station House Officer shall forthwith report any such incident to the Enforcement Officers of the Motor Vehicles Department, for taking necessary action. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **G. GIRISH, JUDGE** AV/31/1 13 DBP No.136 of 2023 ## **`APPENDIX OF DBP 136/2023`** ``` RESPONDENT EXHIBITS ``` ``` EXHIBIT R4-(A) ``` ``` A TRUE COPY OF THE MEMORANDUM DATED 07/11/2023 ```