Travancore Devaswom Board v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 SSCR.No. 22 of 2014 () ----------------------- PETITIONER(S):

--------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.

BY ADV. SRI.KRISHNA MENON, SC, TRAVANCORE DEVASW RESPONDENT(S):

-------------- STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY.

2. THE COMMISSIONER, KERALA ROAD SAFETY AUTHORITY, TRANSTOWER, VAZHUTHAKKAD, THIRUVANANTHAPURAM ( ADDL.R2 IS IMPLEADED AS PER ORDER DATED 20TH NVOVEMBER,2014 IN SSCR NO.22 OF 2014) R1 BY ADV. GOVERNMENT PLEADER SR.A.RANJITH THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 10-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.

- - - - - - - - - - - - - - - - - - SSCR. No.22 of 2014 - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2015

O R D E R

Thottathil B. Radhakrishnan, J.

We have perused the report of the Special Commissioner. We record that the Executive Magistrate in the office of the Special Commissioner inspected the various Sabarimala roads and had reported the matter to the Special Commissioner.

2. We have heard the learned standing counsel for the TDB, learned Government Pleader and the learned Amicus Curiae for the Ombudsman. We are satisfied that the directions sought for through the Special Commissioner's report are abundantly necessary to secure ends of justice.

3. Under the aforesaid circumstances, following directions are issued:

a). The Government, in particular, the Public Works Department and the National Highways Authority, are directed to commence and complete the maintenance of the entire road network in the State of Kerala before the first week of November every year.

b). The Government is further directed to grant administrative sanction for the maintenance of the roads at least three months before the commencement of the festival.

SSCR No.22 of 2014 c). The Director General of Police, the Road Safety Commissioner, the Chief Engineers of PWD and National Highways and the Local Self Government Departments, are directed to comply with the directions of the Division Bench of this Court in W.P(C).No.27011/2012 in relation to the roads leading to Sabarimala.

4. The officers concerned and all officials under them are directed to ensure that there is scrupulous obedience to the directions contained in this order. Specific reference may be made to the earlier orders, as are applicable, to ensure that there is no complaint regarding the compliance of the directions up to the expected bench mark. It is so ordered. Copy of the report of the Special Commissioner will stand appended to this order. Issue copy to the learned Government pleader for follow up action and compliance.

SSCR is ordered accordingly.

Sd/- THOTTATHIL B.RADHAKRISHNAN Judge Sd/- SUNIL THOMAS Judge dpk /true copy/ PS to Judge.

SSCR No.22 of 2014