## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
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## **`&`**
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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
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THURSDAY, THE 5[TH] DAY OF JANUARY 2023 / 15TH POUSHA, 1944
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## **`WP(C) NO. 42419 OF 2022`**
## **`PETITIONER/S:`**
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VIPIN S.S., AGED 30 YEARS
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S/O. SURENDRAN, MURUKA VILASAM, ARUMANOOR,
POOVAR P.O, THIRUVANANTHAPURAM DISTRICT, PIN
695 525.
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BY ADVS.
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K.SIJU
ANJANA KANNATH
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## **`RESPONDENT/S:`**
- **`1 THE DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA DISTRICT, PIN 689 645.`**
- **`2 DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, PATHANAMTHITTA, PIN 689 645.`**
- **`3 SUPERINTENDENT OF POLICE/SPECIAL OFFICER, SABARIMALA P.O, PATHANAMTHITTA, PIN 689 101.`**
- **`4 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BUILDING, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN 695 003.`**
- **`5 DEVASWOM COMMISSIONER, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN 695 003.`**
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- **`6 THE DEVASWOM EXECUTIVE OFFICER, SABARIMALA DEVASWOM, DEVASWOM BOARD OFFICE, SABARIMALA P.O, PATHANAMTHITTA, PIN 689 101. SRI.S.RAJ MOHAN, SR. GOVT. PLEADER SRI.G.BIJU, SC FOR TDB`**
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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## **J U D G M E N T**
## Anil K. Narendran, J.
The petitioner, who is the Kuthaka holder in respect of stall No.LFS-7 at Marakkoottam-Saramkuthi stretch, which is a trekking path leading to Sabarimala Sannidhanam, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 either to permit him to relocate shop No.LFS-7 in Marakkoottam-Saramkuthi stretch of Sabarimala trekking path or to permit him to open the shop facing the alternative route to the queue complex, so as to enable him to continue with the shop as per Ext.P3 Kuthaka certificate. The document marked as Ext.P1 is the list of Kuthaka items and the stall in question is Serial No.154 in the said list. The description of the stall in Ext.P1 reads thus:
“ **ലഘു ഭ്ᩌണശാല ന്ᩘർ - 7 [LFS -7 ]**
മര്ᨪൂ്ᨾ്ᩈ് നിന്നും ശരുംകന്ᩈിയിലേᩄ്ᨪ് ലപോകനന് പോതയനടെ 5 x 5 m " വേതനവശ്ᩈ് അളവിൽ കെ നെ്ᩈനന്തിനന്ᩦ അവകോശും
The petitioner participated in the auction and he has been granted kuthaka right, as evidenced by Ext.P3 Kuthaka certificate dated 08.12.2022 issued by the 6[th] respondent Executive Officer, Sabarimala. The document marked as Ext.P2 is a sketch showing the exact location of the shops on the side
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of the trekking paths, including shop No.LFS-7. The grievance of the petitioner is that at certain times, there is diversion of pilgrims through the alternative route to the queue complex, as evidenced by Ext.P4 photographs. Therefore, the petitioner should be granted permission to open the shop facing the alternative route to the queue complex, so as to enable him to continue with the shop.
2. On 23.12.2022, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board sought time to file counter affidavit.
3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 to 3, and also the learned Standing Counsel for the Travancore Devaswom Board for respondents 4 to 6.
4. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve, which is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of Western Ghats to have darshan of Lord Ayyappa. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to
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Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam.
5. In **Suo Motu v. Travancore Devaswom Board and others [2022/KER/20737 : 2022 SCC OnLine Ker 2185]** this Court noticed that Sabarimala is situated in a difficult forest terrain prone to natural disasters. Unlike other temples in Kerala, Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas. In temples like Guruvayur, where queue regulation is managed by the temple authorities, the online system can also be managed by them. However, in Sabarimala, crowd management during festival seasons is a challenging task, which is regulated by the Kerala Police. Their presence is even necessary at ‘Pathinettampadi’ to render necessary assistance to the devotees, especially children, senior citizens and also persons with disabilities. Crowd Management at Sabarimala during festival seasons and monthly poojas cannot be handled with the limited number of
employees of the Travancore Devaswom Board, who are deputed on special duty. In the said decision, this Court held that crowd management by the Kerala Police at Sabarimala Sannidhanam and even at Pathinettampadi will not in any
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manner infringe the fundamental right guaranteed under Articles 25 and 26 of the Constitution. In the said decision, this Court directed the Travancore Devaswom Board to take over - the Virtual Q system for Sabarimala darshan, owned and managed by Kerala Police, with the technical support of Tata Consultancy Services Ltd. (TCS Ltd.) and thereafter, TCS Ltd. shall render necessary technical support to the Board. Once the ownership and management of Virtual-Q system are transferred, the Board has to scrupulously follow the requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Data or Information) Rules, 2011. Verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. For effective crowd management during festival seasons and also monthly poojas the Kerala Police should have access to the database in the Virtual-Q system. When specific threat inputs have been received in respect of Sabarimala Temple, the Kerala Police will have to take preventive action after screening and verifying the database. Any access to the database in the Virtual-Q platform by Kerala Police, for crowd control during festival seasons and also monthly poojas, in order to avoid a stampede or an
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untoward, or for taking any preventive action in case any specific threat or security input, would not amount to an unwarranted invasion of the privacy of pilgrims.
6. In SSCR No.23 of 2022 and connected matters, we have issued various orders regarding crowd management at Sabarimala, in order to ensure that the maximum number of devotees have a comfortable darshan at Sarbarimala Sannidhanam. By those orders, the police personnel and Devaswom staff involved in crowd management are directed to give special care to senior citizens, persons with disability, children below the age of 10 years and also those having health issues.
7. The learned Senior Government Pleader, on instructions from the 3[rd] respondent Special Police Officer, Sabarimala, would submit that, as part of crowd management, the movement of pilgrims from Pamba to Sannidhanam is regulated, depending upon the number of footfall on each day. If the number of footfall is normal, pilgrims can move either through Saramkuthi road or Chandranandan road. If the tail end of the queue at Sabarimala Sannidhanam crosses U-turn, the queue complex at segment-2 will be opened, by introducing one way system.
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8. Having considered the submissions made by the learned counsel on both sides, we find that, the grievance of the petitioner, which is projected in this writ petition, is connected with the diversion of pilgrims through the alternative route to the queue complex at segment-2, when the tail end of the queue at Sabarimala Sannidhanam crosses the U-turn. Such restrictions are part of crowd management at Sabarimala. The petitioner, who is the Kuthaka holder of a stall in the trekking path leading to Sabarimala Sannidhanam, covered by Ext.P3 Kuthaka certificate has to conduct that stall as per the layout in Ext.P2. He cannot be permitted to have another opening facing the alternative route to queue complex, as sought for in this writ petition.
In the result, the petitioner is not entitled to the relief sought for in this writ petition. The writ petition fails and the same is accordingly dismissed. No order as to cost.
Sd/-
## **ANIL K. NARENDRAN**
Sd/-
## **P.G. AJITHKUMAR**
## **JUDGE**
jg
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## **`APPENDIX OF WP(C) 42419/2022`**
## **`PETITIONER EXHIBITS`**
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Exhibit P1
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TRUE COPY OF THE RELEVANT PAGE OF
NOTIFICATION DATED 28.09.2022 PUBLISHED
BY THE 4TH RESPONDENT INVITING
COMPETITIVE TENDERS.
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## **`Exhibit P2`**
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TRUE COPY OF SKETCH PUBLISHED BY THE 4TH
RESPONDENT SHOWING THE EXACT PLACE OF
LFS 7.
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## **`Exhibit P3`**
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TRUE COPY OF CERTIFICATE OF LICENSE
ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER DATED 8.12.2012.
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## **`Exhibit P4`**
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TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
BLOCKADE AND DIVERSION OF PILGRIMS
THROUGH THE ALTERNATIVE ROUTE TO THE
QUEUE COMPLEX.
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