R Rajendran v. State of Kerala and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** ## **&** ## **THE HONOURABLE MR.JUSTICE N.ANIL KUMAR** **MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940** **WP(C).No. 37766 of 2018** ## **PETITIONER/S:** **R RAJENDRAN, AGED 50 YEARS ADVOCATE, S/O RAVEENDRAN PILLAI, USHUS, KUREEPUZHA, KAVANADU, KOLLAM -691 003.** **BY ADVS. SRI.P.VIJAYAKUMAR SRI.B.HARRYLAL SRI.C.R.REGHUNATHAN** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 3 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695 003. 4 ANIL KANT I.P.S., CHIEF CO-ORDINATOR, SABARIMALA SECURITY OPERATIONS, ADDITIONAL DIRECTOR GENERAL OF POLICE, SOUTH ZONE, THIRUVANANTHAPURAM-695 003., 5 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,. FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.** W.P(C) No.37766/18 2 **6 DISTRICT COLLECTOR, COLLECTORATE, COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITTA, KERALA-689 645.** **BY ADVS.** SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL **SRI.P.NARAYANAN, SENIOR GOVT. PLEADER SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER SRI.V.MANU, SENIOR GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) No.37766/18 3 ## **JUDGMENT** ## **P.R. Ramachandra Menon,J.** This writ petition has been filed with the following prayers: i. Issue a Writ of mandamus or any other appropriate writ or direction commanding the respondents 1,2,4 and 6 not to interfere with the regular conduct of religious rites and worships by the devotees in Sabarimala temple in any manner whatsoever; ii. Issue a writ of mandamus or any other appropriate writ direction commanding the respondents to ensure that the pilgrims are offered all the required amenities in sufficient and effective manner to have peaceful and fruitful Darshan at sabarimala temple and to offer worship in the traditional and customary manner after providing the required amenities of water, food, provisions for rest, covered shelter, toilet and bathing facilities and including the provisions for taking rest at Nadapanthal or other covered shelter places at Sannidhanam or at the Devaswom pilgrim centres to those pilgrims deciding to stay overnight at Sabarimala Sannidhanam for performing Ghee Abhishekam and other related rites on the following morning. W.P(C) No.37766/18 4 iii. Issue a writ of mandamus or any other appropriate writ, or directions commanding the police authorities under respondents 2 and 4 to desist from interfering with the peaceful pilgrimage of genuine devotees by resorting to the arrest or detention of the devotees under the pretext of preventive detention or unfounded apprehensions; iv. Issue a writ of mandamus or any other appropriate writ or directions commanding the respondents 1, 3 and 5 to ensure and enable safe transit of devotees during the pilgrim season through the existing and traditional forest route and to provide and restore the edathavalams enroute such transit and also to provide other attendant amenities of water, food, bathroom toilet etc. at such rest places. v. Appoint a retired High Court Judge or senior retired civil servant who is capable of effective supervision and coordination of all the affairs of the temple including the maintenance of law and order within Sabarimala poonkavanam, at least for a limited period of one year or for such further period, to ensure that the administration of Sabarimala temple remain peaceful, efficient and devotee friendly, to inspire confidence in the minds of the crores of devotees; vi. Issue a writ of mandamus or any other appropriate direction directing the respondents W.P(C) No.37766/18 5 to ensure that sufficient numbers of KSRTC buses are plied between Nilakkal and Pampa so that pilgrims are offered prompt transit facilities without overcrowding; vii. issue a writ of mandamus or any other appropriate direction directing respondents 2 and 4 to issue necessary directions to the police personnel in Sabarimala Pilgrim Centre at Sannidhanam which are earmarked for the devotees. ## 2. Heard Sri.P.Vijayakumar, the learned counsel for the petitioner, Sri.C.P.Sudhakara Prasad, the learned Advocate General appearing on behalf of the 1[st] respondent and also Mr. Raj Mohan, the learned counsel appearing for the 3[rd] respondent Devaswom. ## 3. The main grievance projected by the petitioner is with regard to the interference with the administration of the Travancore Devaswom Board by the Government and the police. Prayer is also not to restrict the entry of the petitioner or to limit the time of worship, virtually affecting the fundamental rights enjoyed by the petitioner under the various provisions of the Constitution of India. W.P(C) No.37766/18 6 4. A statement has been filed by the 1[st] respondent. It is stated in para 2 of the said statement that the Government had not made any interference and has no intention to interfere in the religious matters or rituals in the Sabarimala Temple. It is pointed out that the security of the pilgrims alone was the concern of the Government, besides the duty to maintain 'law and order' as well. 5. It is seen from the proceedings that, this Court had passed various interim orders at different points of time, clubbing the above writ petition along with other connected matters which were pending consideration. We passed a detailed order on 27.11.2018, taking note of the need of the hour and appointing a Team of Observers consisting of the Hon'ble Mr.Justice P.R. Raman, Hon'ble Mr.Justice S. Siri Jagan, (two former Judges of W.P(C) No.37766/18 7 this Court) and Sri.A.Hemachandran IPS, the DGP and had given appropriate directions. Another order was passed by this Court on 12.02.2018 so as to deal with the aspects mentioned therein. This was followed by the orders passed on 19.12.2018 and on 03.01.2019. 6. On conclusion of the 'Mandalam Makaravilakku' festival, a final report has been submitted by the Team of Observers (Report No.4). A copy of the said report has already been caused to be served to the parties concerned. The further course of action with regard to the various aspects mentioned therein can be taken care of separately in SSCRs 22 & 23/2018. Considering the nature of grievance projected in this writ petition, we find that, by virtue of the interference made by this Court and the interim orders passed at different points of time, the grievance stands substantially redressed and no further orders are necessary. W.P(C) No.37766/18 8 In the said circumstance, the present writ petition stands closed. **Sd/-** **P.R. RAMACHANDRA MENON Judge** **Sd/Judge** **N. ANIL KUMAR** _okb_ //True copy// P.S. to Judge W.P(C) No.37766/18 9 ## **APPENDIX** **PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PRESS RELEASE. EXHIBIT P2 TRUE COPIES OF THE PHOTOGRAPHS. EXHIBIT P3 NIL. EXHIBIT P3 A TRUE COPIES OF THE NEWS REPORTS IN MALAYALA MANORAMA DATED 18.11.2018. EXHIBIT P3 B TRUE COPIES OF THE NEWS REPORTS IN MANGALAM DATED 18.11.2018. EXHIBIT P3 C TRUE COPIES OF THE NEWS REPORTS IN INDIAN EXPRESS DATED 19.11.2018. EXHIBIT P4 TRUE COPIES OF THE NEWS REPORTS APPEARED IN MALAYALA MANORAMA DATED 19.11.2018.**