IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 5192 of 2011(Y) ------------------------------------- PETITIONER: ------------------- R.UNNIKRISHNAN, S/O.RAMAKRISHNAN, SUNIL VILLA,THOTTACKATTUKARA, ALUVA ERNAKULAM DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURIKAN. RESPONDENTS: ------------------------ 1. CIRCLE INSPECTOR OF POLICE, ALUVA,PIN-683 101. 2. SUB INSPECTOR OF POLICE, ALUVA PIN-683 101. 3. ERNAKULAM DISTRICT HEAD LOAD WORKERS UNION (C.I.T.U) PARAVUR KAVALA UNIT,REPRESENTED BY ITS SECRETARY, PARAVUR KAVALA, ALUVA, ERNAKULAM-PIN-683 108. 4. ERNAKULAM DISTRICT HEAD LOAD WORKERS UNION (I.N.T.U.C), THOTTAKKATTUKARA UNIT, REP.BY SECRETARY,THOTTAKKATTUKARA, ALUVA-PIN-683 102. W.P.(C). NO.5192/2011-Y: *ADDITIONAL RESPONDENTS 5 AND 6 IMPLEADED: 5. ALUVA MUNICIPALITY. 6. TRAVANCORE DEVASWOM BOARD. *ADDITIONAL R5 AND R6 SUO MOTU IMPLEADED VIDE SEPARATE ORDER DATED 30/03/2011. R6 BY SRI. K.N VENUGOPALA PANICKER S.C, T.D.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5192/2011-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER ISSUED BY THE ALUVA MUNICIPALITY DTD. 10/02/2011. EXT.P.2: COPY OF THE INTERIM ORDER IN W.P.(C).NO.2768/2010 PASSED BY THIS HONOURABLE COURT, DTD. 01/02/2010. EXT.P.3: COPY OF THE INTERIM ORDER IN W.P.(C).NO.9164/08 PASSED BY THIS HONOURABLE COURT, DTD. 25/03/2008. EXT.P.4: COPY OF THE INTERIM ORDER IN W.P.(C).NO.4836/2009 PASSED BY THIS HONOURABLE COURT, DTD. 13/02/2009. EXT.P.5: COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE R.2. DTD. 10/02/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. * * * * * * * * * * * * * * * * * * * * * * * * W.P.C.No.5192 of 2011 --------------------------- Dated this the 15th day of June 2011 J U D G M E N T Thottathil B.Radhakrishnan, J. This writ petition is filed seeking an order for police protection for loading and unloading activities in connection with the erection of necessary equipments for an amusement park in Aluva Manappuram in connection with Sivarathri festival. We see that every year, repeatedly, such reliefs are sought for and certain orders are issued. When the matter came up this time, on a deeper look, we thought that the need to have an amusement park in connection with the Aluva Sivarathri Festival needs to be specifically addressed. We, therefore, issued an order on 21/02/2011, the relevant portion of which is as follows: “Every year, crowd converging in Aluva for Sivarathri festivities keeps growing. We have shown a rough sketch of the whole area of Manappuram. We find that a large chunk of W.P.C.No.5192/2011 2 Manappuram area is carved for commercial activities and entertainment, including by providing an amusement park on a temporary basis in the entertainment area. In our view, it is high time that the Aluva Municipality considers whether it would not be in public interest to reduce or even do away with such commercial activity since crowd management in areas of festivities is by itself becoming challenging issues. This is more important in the light of different calamities that have happened, owing to lack of space and mismanagement of crowds.” 2. Following that, the learned Standing Counsel for the Aluva Municipality stated before us on 07/04/2011 that the contents of the earlier orders touching the requirement to consider whether Aluva Manappuram should be put to commercial use to the detriment of the growing number of devotees will gain the attention of the Council at the earliest and the delay is only because of the ensuing election to the State Assembly. W.P.C.No.5192/2011 3 3. We are sure that the Aluva Municipal Secretary has taken cognizance of the importance of the contents of the 2nd paragraph of our order dated 21/02/2011 and would apprise the Council of the Aluva Municipality, the relevant facts and figures so that a decision in public interest would follow from the Municipal Council, having particular regard to the fact that carving off large portion of Manappuram area for commercial activities and entertainment, unconnected with religious practices, rituals and temple worship, would be detrimental to the specific interest of the congregation of worshipers who would gather in Aluva Manappuram during the Sivarathri season. Provisions for amusements may generate some funds into the coffers of the Municipality. That would also augment the private business interest of those involved in such amusement facilities. But, those are not, in our view, of prime concern in connection with such matters. Recent history in connection with different pilgrimage centres in Kerala show that crowd management, disaster management and other relevant factors where crowds gather need more concerted positive effort. That shall be the prime concern. Money spinning amusements can always be had elsewhere. W.P.C.No.5192/2011 4 4. With the aforesaid, we record the submission made on behalf of the Aluva Municipality and direct the Secretary of the Aluva Municipality to place a copy of this judgment along with all relevant materials before the Muncipal Council so that appropriate deliberations could be had by the Council and a decision taken without delay. It would also be worthwhile for the T.D.B to place its views, as regards the usage of the Aluva Manappuram in connection with Aluva Sivarathri, through the Jurisdictional Assistant Commissioner, before the Municipal Council for appropriate decision. The District Administration would also place its views before the Municipal Council. This writ petition is ordered accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) jsr // True Copy// PA to Judge