In the matter of Cochin Devaswom Board - Suo Motu (DBP No.1 of 2023)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 10[TH] DAY OF JANUARY 2023 / 20TH POUSHA, 1944 ``` ``` D.B.P.NO.1 OF 2023 ``` ``` IN THE MATTER OF COCHIN DEVASWOM BOARD - BASED ON A NEWS REPORT THAT APPEARED IN MALAYALA MANORAMA DAILY DATED 09.01.2023 REGARDING TRAFFIC CONGESTION NEAR CHOTTANIKKARA BHAGAVATHY TEMPLE, CAUSING SERIOUS ``` **`INCONVENIENCE TO DEVOTEES, SABARIMALA PILGRIMS AND ALSO THE RESIDENCE IN THE LOCALITY`** - **`CDB PROCEEDINGS INITIATED - REG.`** ``` ------------ ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.`** - **`2 DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, SH-16, OPPOSITE POWER HOUSE, ALUVA - 683101.`** 2 DBP No. No.1 of 2023 - **`3 STATION HOUSE OFFICER, CHOTTANIKKARA POLICE STATION, CHOTTANIKKARA P.O., ERNAKULAM - 682312.`** - **`4 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, ROUND NORTH, THIRCHUR - 680001.`** - **`5 ASSISTANT COMMISSIONER, CHOTTANIKKARA DEVASWOM, CHOTTANIKKARA P.O., ERNAKULAM - 682312`** - **`6 DEVASWOM OFFICER, CHOTTANIKKARA BHAGAVATHI TEMPLE, CHOTTANIKKARA P.O., ERNAKULAM - 682312.`** - **`7 CHOTTANIKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHOTTANIKKARA - MULANTHURUTHY ROAD, CHOTTANIKKARA, ERNAKULAM - 682312.`** ## **`OTHER PRESENT:`** ``` SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER SRI K.P.SUDHEER - STANDING COUNSEL -COCHIN DEVASWOM BOARD SRI VINEETH KOMALACHANDRAN - STANDING COUNSEL , CHOTTANIKKARA GRAMA PANCHAYATH ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP No. No.1 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered _suo motu_ based on a news report that appeared in Malayala Manorama daily dated 09.01.2023 regarding traffic congestion near Chottanikkara Bhagavathy Temple, a Temple under the management of the 4[th] respondent Cochin Devaswom Board, causing serious inconvenience to devotees, Sabarimala pilgrims and also the residents in the locality. 2. Today, when this matter is taken up for consideration, the learned Senior Government Pleader has filed a statement of the 2[nd] respondent District Police Chief, Ernakulam Rural. 3. Heard the learned Senior Government Pleader for respondents 1 to 3, the learned Standing Counsel for Cochin Devaswom Board for respondents 4 to 6 and also the learned Standing Counsel for the 7[th] respondent Grama Panchayat. 4. From the statement filed by the 2[nd] respondent District Police Chief, we notice that the parking ground of Chottanikkara Devaswom is sufficient for parking 75 light motor vehicles and 60 heavy passenger vehicles, which is insufficient for parking vehicles during Mandala-Makaravilakku festival season in Sabarimala. During Mandala-Makaravilakku festival season, there will be a heavy rush at Chottanikkara Bhagavathy Temple, since a substantial portion of inter-state pilgrims will be visiting 4 DBP No. No.1 of 2023 Chottanikkara Bhagavathy Temple, en route. Therefore, from the commencement of Sabarimala pilgrimage season, the maximum available strength of police personnel will be mobilized for duty at Chottanikkara Bhagavathy Temple. According to the 2[nd] respondent, though a huge strength of police personnel has been deployed for Makaravilakku duty at Sabarimala and also at Thiruvairanikkulam Temple, the maximum available strength was mobilized and allotted for duty at Chottanikkara Bhagavathy Temple. On 08.01.2023, a huge number of inter-state vehicles carrying Sabarimala pilgrims reached Chottanikkara. In addition to this, a large number of devotees from Thiruvairanikulam Temple also visited Chottanikkara Bhagavathy Temple. The unexpected arrival of devotees from Thiruvairanikulam Temple, mainly in buses, caused traffic congestion at Chottanikkara, which was cleared within a short time, by mobilising additional police force from other police stations. In the statement, the 2[nd] respondent has stated that maximum efforts will be taken to arrange other parking places at Chottanikkara, in consultation with Chottanikkara Devaswom and Chottanikkara Grama Panchayath, and additional police force will be deployed to control traffic and unauthorised parking of vehicles on the roadside, to avoid inconvenience to the devotees as well as the residents in the locality. 5. In **Suo Motu v. State of Kerala and others [2022** 5 DBP No. No.1 of 2023 **(7) KHC 185]** this Court held that, once roads are constructed as per the standards and guidelines prescribed by the Indian Roads Congress, it has to be maintained as such without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. Footpaths are not intended for stocking articles for trade or for the display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for the purpose of holding campaigns, demonstrations, etc., by political parties and other organisations, by causing any obstruction whatsoever to the free movement of pedestrians. No political party or organisation can be permitted to encroach upon footpaths or right of way of public roads, in connection with any such protest, demonstrations, etc., by erecting any temporary structures on the right of way or on the pedestrian facilities, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. 6. In **Suo Motu [2022 (7) KHC 185]** this Court noticed that, showing scant regard to the law laid down in **Kottamom (Kottiyar Mangalam) Sri. Darmasastha Temple Advisory Committee v. State of Kerala [2019 (5) KHC SN 27]** and **Sivaprasad v. State of Kerala [2020 (6) KHC 373]** , political parties and various organisations are permitted to put up structures on footpaths and even on the right of way on public 6 DBP No. No.1 of 2023 roads, all over the State. The protesters/ agitators having political backing are even permitted to lay carpet and place chairs on the footpath. On account of such encroachments, pedestrians including those with disabilities and reduced mobility are forced to walk through the right of way of public roads, in unsafe circumstances. In view of the provisions under clause (4) of Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017, the driver and the riders shall take special care and precautions to ensure the safety of the most vulnerable road users such as - pedestrians, cyclists, children, elderly and the differently abled persons. As per sub-clause (c) of clause (2) of Regulation 22, a vehicle shall not be parked on the footpath, cycle path and pedestrian crossing. 7. In **Suo Motu [2022 (7) KHC 185]** this Court held that the State holds public roads as a trustee on behalf of the public. By permitting encroachments on public roads by way of temporary structures on the right of way or on the pavements or on the pedestrian facilities provided on such roads, on political considerations or otherwise, the State Government or the concerned Local Self Government Institution is committing a breach of trust. Any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal 7 DBP No. No.1 of 2023 consequences provided under Section 198A of the Motor Vehicles Act, 1988. 8. In **Suo Motu [2022 (7) KHC 185]** this Court noticed that, pursuant to the direction contained in the order of a Division Bench of this Court dated 08.06.2021 in W.P. (C) No. 11886 of 2021 - Trivandrum Chamber of Commerce and Industry v. State of Kerala - in which one among us [Anil K. Narendran, J.] was a party, whereby the State of Kerala was directed to file a counter affidavit explaining the steps already taken to ensure strict enforcement of the orders of the Apex Court, including the order dated 18.01.2013 in SLP(C)No.8519 of 2006, the decision of this Court in **Shivaprasad [2020 (6) KHC 373]** , etc., the relevant statutory provisions and also the Guidelines for Pedestrian Facilities formulated by Indian Roads Congress [IRC:103-2012], in order to prevent encroachment of any nature, in any form, either temporary or permanent, on the right of way or pedestrian facilities on public road, the State has issued a Circular dated 16.08.2021, whereby the Director of Urban Affairs and the Director of Panchayats are directed not to grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places, except for installation of high mast lights, street lights or construction relating to electrification, traffic, toll or for the development and 8 DBP No. No.1 of 2023 beautification of streets, roads, highways, etc. and relating to public utility and facilities in connection with the direction of the Apex Court. The Director Urban Affairs and the Director of Panchayats are directed to instruct Local Self Government Institutions accordingly and shall regularly monitor the removal of unauthorised constructions from the roads as per the provisions in the respective statutes in compliance with the directions contained in the orders referred to therein. 9. The parking ground of Chottanikkara Devaswom is sufficient for parking 75 light motor vehicles and 60 heavy passenger vehicles, which is insufficient for parking vehicles during Mandala-Makaravilakku festival season in Sabarimala. The said fact is not in dispute. During Mandala-Makaravilakku festival season, there will be a heavy rush at Chottanikkara Bhagavathy Temple, since a substantial portion of inter-state pilgrims will be visiting Chottanikkara Bhagavathy Temple, en route. In addition to this, a large number of devotees from Thiruvairanikulam Temple also visited Chottanikkara Bhagavathy Temple. As stated in the statement filed by the 2[nd] respondent, the unexpected arrival of devotees from Thiruvairanikulam Temple, mainly in buses, caused traffic congestion at Chottanikkara, on 08.01.2023. According to the 2[nd] respondent, the traffic congestion was cleared within a short time, by mobilising additional police force from other police 9 DBP No. No.1 of 2023 stations. 10. Since the parking ground of Chottanikkara Devaswom is insufficient for parking vehicles during Mandala-Makaravilakku festival season in Sabarimala, especially during Nadathurappu days in Thiruvairanikulam Temple, the 5[th] respondent Assistant Commissioner, Chottanikkara Devaswom, in consultation with the Secretary of the 7[th] respondent Chottanikkara Grama Panchayat and the 3[rd] respondent Station House Officer, Chottanikkara Police Station shall identify parking places for parking contract carriages carrying pilgrims during Mandala-Makaravilakku festival season. The Secretary of the 7[th] respondent Grama Panchayat shall take necessary steps to prevent encroachment of any nature, in any form, either temporary or permanent, on the right of way or pedestrian facilities on public roads around Chottanikkara Bhagavathy Temple, taking note of the law laid down by this Court in the decisions referred to supra, in order to ensure the safety of road users, including children, elderly persons and differently abled persons. Footpaths and other pedestrian facilities shall not be permitted to be encroached by the traders for stocking articles for trade or for display of goods. From the submissions made at the Bar, we notice that, on 08.01.2023, while clearing the traffic congestion near Chottanikkara Bhagavathy Temple, the police have to face resistance from the devotees, who were on their way 10 DBP No. No.1 of 2023 to Thiruvairanikulam Temple. The 2[nd] respondent District Police Chief and the 3[rd] respondent Station House Officer shall ensure that such instances are not repeated near Chottanikkara Bhagavathy Temple in future, which shall be prevented by deploying additional police force from nearby police stations. With the above directions, this DBP is disposed of. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **P.G. AJITHKUMAR, JUDGE** MIN