Kerala High Court Raps ADGP Over Tractor Use On Sabarimala Trek Path | Deprecates Violation Of 2014 Ban, Closes Suo Motu Case
Isabella Mariam
The High Court of Kerala Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar held that tractors designated for transporting goods to Sabarimala cannot be used to ferry devotees or other individuals through the trekking path. The Court reiterated and enforced a prior ban, citing serious safety concerns and violation of judicial directions. This decision was delivered upon suo motu initiation based on reports and social media videos stating the continued use of tractors, typically reserved for goods, for carrying pilgrims.
In its final directive, the Court mandated all authorities involved, including the Travancore Devaswom Board and the Police Department, to implement the 2014 prohibition "in letter and spirit". The judgment recorded that strict instructions had already been issued to seize tractors found violating the rule and to initiate action against responsible individuals. The order concluded with directions for CCTV surveillance teams to report any such violations promptly to designated authorities, ensuring immediate and stringent action.
This Devaswom Board Petition (DBP No. 26 of 2021) was registered suo motu by the High Court of Kerala based on news reports and a video circulating on social media showing pilgrims being transported in tractors. These tractors are primarily meant for the transportation of goods to Sannidhanam, Sabarimala. The issue gained attention due to concerns regarding the safety of devotees and the legality of using goods vehicles to carry passengers through a challenging trekking path.
When the matter was first taken up on 10.11.2021, the learned Senior Government Pleader submitted, based on instructions from the Station House Officer, Pamba Police Station, that a crime had been registered regarding the incident under Crime No.110 of 2021. The offenses listed included Sections 279 and 188 of the Indian Penal Code, 1860, as well as Sections 66(1) and 192A of the Motor Vehicles Act, 1988.
Additionally, the Travancore Devaswom Board, through its learned Standing Counsel, informed the Court that an internal enquiry had been ordered, which would be conducted by the Chief Vigilance Security Officer, who holds the position of Superintendent of Police (Vigilance), within the Travancore Devaswom Board.
The Court adjourned the matter to 16.11.2021, directing respondents 2 (Station House Officer, Sannidhanam Police Station) and 3 (Station House Officer, Pampa Police Station) to ensure strict compliance with the existing court directive issued on 13.10.2014 in SSCR No. 7 of 2014. This 2014 order had already prohibited transporting devotees and officials using tractors meant for goods along the trekking path.
On 16.11.2021, the Senior Government Pleader submitted that strict instructions had been issued to the police personnel to prevent the misuse of tractors. In case of violations, the officers had been directed to seize the vehicles and take appropriate legal action against the registered owners and drivers.
Subsequently, on 23.11.2021, the Chief Vigilance Security Officer (Superintendent of Police-Vigilance) was impleaded suo motu as the 4th respondent in the petition. A report was filed by the learned Standing Counsel for the Travancore Devaswom Board on behalf of the 1st respondent, enclosing the report submitted by the Chief Vigilance Security Officer concerning the incident of 03.11.2021.
The Court proceeded to hear the learned Standing Counsel for the Travancore Devaswom Board (for respondents 1 and 4) and the learned Senior Government Pleader (for respondents 2 and 3). It was confirmed that the movement of tractors through the trekking path in a rash and negligent manner posed a clear threat to the safety of the devotees. The usage of such tractors for transporting pilgrims was inconsistent with previous court orders and safety norms.
The Standing Counsel for the Travancore Devaswom Board brought to the Court's attention another incident where head load workers demanded to be transported in tractors. The Court recognized this as further proof that existing orders were not being fully observed and required stricter compliance.
The Bench made several direct judicial observations, stating the illegality and danger associated with the misuse of tractors. The Court stated in clear terms: "Movement of such tractors through the trekking path, in a rash and negligent manner, causes threat to the safety of the devotees."
It further recorded: "At any rate, the tractors used for transportation of goods to Sabarimala, cannot be used as a mode of transportation of devotees through the trekking path."
Referring to its earlier decision in SSCR No.7 of 2014, the Court reiterated: "This Court by the order dated 13.10.2014...opined that carrying of passengers on tractors plying on Swamy Ayyappan Road should be prohibited."
The Bench recalled the 2014 directive: "The Superintendent of Police, Pathanamthitta, [was directed] to issue appropriate instructions to the Police personnel deputed for duty on Swamy Ayyappan Road to ensure that passengers, including officials...do not travel on tractors plying on Swamy Ayyappan Road."
The judgment took note of the continuing violations despite the previous judicial orders: "As evident from the video clipping annexed to this DBP, flouting the orders of this Court...tractors used for transporting goods to Sannidhanam are being used for transportation of devotees."
From the report dated 23.11.2021 and its annexures, the Court recorded: "It is seen that the tractors were being used for transportation of devotees through trekking path. When such incidents were noticed, action has already been taken."
The Court recorded the Government’s stand as: "Strict instructions have already been issued to the police personnel to ensure that the tractors are not being used as a mode of transportation of devotees or any other persons including Devaswom Officials and Police personnel, through the trekking path."
Regarding the head load workers’ insistence, the Court noted: "The learned Standing Counsel for Travancore Devaswom Board would point out that the incident that occurred yesterday evening, when some head load workers insisted that they should be permitted to travel in those tractors to Sannidhanam."
The Bench finally stated: "The order of this Court prohibiting the movement of devotees, Devaswom Officials, Police personnel etc. in tractors used for transportation of goods through trekking path has to be implemented by all, in letter and spirit."
The Division Bench issued directions in closing the matter. The Court ordered: "Such tractors cannot be used for transportation of devotees or any other person. In case any violation or obstruction from any corner, it should be reported to the Chief Vigilance Security Officer and also to the Special Commissioner, who shall bring it to the notice of this Court, if further orders are required."
Further, the Court stated the role of surveillance systems: "Since the entire trekking path from Pamba to Sannidhanam is having CCTV coverage, with control panel at Pamba, the officers in charge of the control panels should report any transportation of devotees or any other person in the tractors used for transportation of goods to Sannidhanam, that should be forthwith intimated to the officers concerned for taking stringent actions against those persons."
The Court concluded by formally closing the DBP with the above directions in place.
Advocates Representing the Parties:
For the Respondents: Shri. G. Biju, Standing Counsel, Travancore Devaswom Board; Shri. S. Rajmohan, Senior Government Pleader
Case Title: Suo Motu vs. Travancore Devaswom Board & Others
Case Number: DBP No. 26 of 2021
Bench: Justice Anil K. Narendran and Justice P.G. Ajithkumar
