Monitoring and suitable measures to be taken at Maramon Convention in the light of Covid-19: Kerala High Court

WP(C).No.3449 OF 2021(S) 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY THE 12TH DAY OF FEBRUARY 2021 23RD MAGHA 1942 WP(C).No.3449 OF 2021(S AGED 54 YEARS S O BALAKRISHNAN PLAMTHUNDIL VEEDU KADAMBANADU NORTH(PO) ADOOR TALUK BY ADV. SRI.B.BIPIN STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT GOVERNMENT SECRETARIAT THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT DEPARTMENT OF HOME GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695001 THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695001 THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS VAZHUTHACADU THIRUVANANTHAPURAM PIN 695 014 THE DISTRICT COLLECTOR COLLECTORATE PATHANAMTHITTA PATHANAMTHITTA DISTRICT PIN 689645 WP(C).No.3449 OF 2021(S) 2 TALUK OFFICE MINI CIVIL STATION KOZHENCHERY THE VILLAGE OFFICER VILLAGE OFFICE KOZHENCHERY PIN 689641 THE DISTRICT POLICE CHIEF PATHANAMTHITTA PIN 689645 THE STATION HOUSE OFFICER ARANMULA POLICE STATION ARANMULAPATHANAMTHITTA DISTRICT PIN 689533 KOZHENCHERY GRAMA PANCHAYAT PANCHAYAT OFFICE KOZHENCHERYPIN 689641. PATHANAMTHITTA DISTRICT REPRESENTED BY ITS SECRETARY MAR THOMA EVANGELISTIC ASSOCIATION MALANKARA MARTHOMA SYRIAN CHURCH THIRUVALLA PIN 689101. REPRESENTED BY ITS GENERAL SECRETARY THE GENERAL SECRETARY MAR THOMA EVANGELISTIC ASSOCIATION MALANKARA MARTHOMA SYRIAN CHURCH THIRUVALLA PIN 689101 SRI. TEK CHAND SR GP AND SRI. SURIN GEORGE IPE SR GP FOR R1 TO R9 SRI.K.SHAJ FOR R10 SRI. GEORGE CHERIAN(SR) AND SMT. LATHA SUSAN CHERIAN FOR R11 AND R12 THIS WRIT PETITIONHAVING COME UP FOR ADMISSION ON 12.02.2021 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING WP(C).No.3449 OF 2021(S) 3 JUDGMENT Dated this the 12th day of February 2021 S. Manikumar C. J On 10.02.2021 we passed the following order: “Petitioner has sought for a declaration that the respondents are duty bound to limit the number of participants in the Maramon Convention to be held at the banks of the Pampa river at Kozhenchery from 14.02.2021 to 21.02.2021 and also duty bound to avoid any chance of mass gathering unauthorized entry chance of spreading of Covid 19 infection among the participants and violation of social distancing at the said religious congregation 2. Petitioner has sought for a mandamus directing the respondents to limit the number of participants in the Maramon Convention to be held at the banks of the Pampa river at Kozhenchery from 14.02.2021 to 21.02.2021 in terms with the permission granted by the district local Government and police 3. Petitioner has also sought for a mandamus directing the respondents to avoid any chance of mass gathering unauthorized entry chance of spreading of Covid 19 infection among the WP(C).No.3449 OF 2021(S) 4 participants in the Maramon Convention site and violation of social distancing at the said religious congregation place 4. Short facts leading to filing of the writ petition are as Petitioner who claims to be a social worker and a public spirited person is a local resident of Kadambanadu Grama Panchayat Pathanamthitta District. According to the petitioner he is highly aggrieved by the preparations made by the Mar Thoma Evangelistic Association Malankara Marthoma Syrian Church Thiruvalla and the General Secretary Mar Thoma Evangelistic Association Malankara Marthoma Syrian Church Thiruvalla respondents 11 and 12 respectively to conduct a mass congregation under the name Maramon Convention at the banks of the Pampa river at Kozhenchery in violation of the Kerala Epidemic Diseases Order promulgated by the State and in violation of the restrictions imposed by the State government. Petitioner submitted that for the past several decades respondents 11 and 12 have been conducting an yearly mass congregation under the name Maramon Convention at the banks of the Pampa river at Kozhenchery. Lakhs and lakhs of devotes have been participating in the said event. Despite Covid 19 pandemic and the restrictions imposed by the government in convening mass gathering and public functions respondents 11 and 12 decided to conduct the yearly Maramon Convention at the banks of the Pampa river at Kozhenchery in a large scale manner by permitting large number of devotees. Even though permission was sought for to permit 200 persons per day arrangements have made by respondents 11 and 12 for the physical participation of WP(C).No.3449 OF 2021(S) 5 more than ten thousands of devotees at a time. The present attempt of the respondents 11 and 12 is to permit maximum number of devotees for the congregation and to break the restriction of the meetings of the public on account of the surge in Covid 19 cases. Petitioner further submitted that now the State of Kerala is reporting the highest number of Covid 19 patients both under treatment and fresh infections per day in the country. The Covid 19 infections at the Pathanamthitta district is also at a higher rate compared to previous couple of months and that the test positivity rate of the Covid 19 cases at Pathanamthitta district is also at a higher side. If the respondents 11 and 12 are permitted to conduct the annual Maramon Convention of this year which is scheduled to be commenced from 16.02.2021 by participating ten thousands of devotees per day under the guise of the permission for 200 devotees for the participation in the said religious event there is eminent threat to the safety of other people not only in the district but the whole State i.e the threat of public outbreak of Covid 19 pandemic is imminent in such an event since lakhs of devotes are coming not only from the entire part of the State but also from other States. Petitioner also submitted that the respondents have taken no steps to restrict the entry into the Maramon Convention Centre by issuing any pass or prior permission and that the respondents 11 and 12 can conduct the Maramon Convention of this year in the midst of the worst pandemic situation by permitting to participate a limited number of devotees and clergies in the event and by telecasting the event through online platforms. Petitioner contended that the officials are not taking any steps to ensure that the respondents 11 and 12 have taken steps to WP(C).No.3449 OF 2021(S) 6 limit the number of participants in the said event within the In the above circumstances petitioner has filed a representation dated 07.02.2021 before respondents 5 8 to 10 requesting them to take appropriate steps to ensure that the respondents 11 and 12 will not violate the permission granted in limiting the number of the participants in the Maramon Convention and to avoid the chance of Covid 19 infection by screening the participants and to limit the number of persons by issuing pass etc However it is alleged that official respondents are not taking any steps pursuant to Ext. P3 representation dated 07.02.2021 of the petitioner on account of the influence of respondents 11 and 12 Being aggrieved instant writ petition is filed. 5. Mr. Tek Chand learned Senior Government Pleader takes notice for respondents 1 to 9. Mr. Bipin B. learned counsel for the petitioner is permitted to take notice on respondents 10 to 12 by special messenger returnable on 12.02.2021. Let the pleadings be enclosed along with the notice to be served on respondents 10 to 12 Mr. Tek Chand learned Senior Government Pleader is directed to produce the latest Standard Operating Procedure for Covid 19 issued both by the Central and State Governments as well as the instructions issued as on today.” 2. Reverting Mr. Tek Chand learned Senior Government Pleader has submitted the instructions furnished by the District Collector Alappuzha which reads thus: WP(C).No.3449 OF 2021(S) 7 “The Maramon Convention one of the largest Christian convention in Asia is held at Maramon Pathanamthitta Kerala India annually in February. The traditional venue of the 125 year old Christian convention on the river bank of Pampa. It is organised by the Malabar Mar Thoma Evangelistic Association. This year the organisers has informed that 126th session of the Maramon Convention is scheduled to be held from 14th February 2021 to 21st Pathanamthitta is home to a large number of ancient religious centres and is considered as the pilgrimage headquarters of Kerala Major religious conventions like Cherukolpuzha Maramon Makkamkunnu Kariyamplavu to be held every year in this district The district administration will take necessary steps to support and ensure the smooth conduct of the programme with the support of all the field departments by taking care the various operational issues in and around. In this regard it is submitted that the Makkam kunnu convention already held and the Cherukolpuzha convention is ongoing under the strict compliance of Covid protocol. It is a fact that in previous years thousands of devotees have been participating all these convention. This year all the convention already held done by imposing the Covid protocol. The organisors of Maramon Convention had requested to the district administration to conduct the event by permitting 200 persons per day. As per the Government directives under the GO(rt No.10 2021 DMD dated 04 01 2021 Phase 5 unlocking of general lock down it has been permitted the maximum number of people who will be permitted for religious festivals cultural programmes artistic performance is 100 persons for indoor venues and 200 persons for out door venues. The health department prepared WP(C).No.3449 OF 2021(S) 8 detailed guidelines vide No.4 31 F2 H&FWD dated 4th January 2021 pertaining to the relaxations District collector himself conducted two meetings on 15th January 2021 and 10th February 2021 with all concerned for the Maramon convention. In all meetings strict direction were given to the organisors and departments with measures to prevent transmissions of COVID 19. It is also submitted that Sectoral Magistrates were posted by the district administration in each panchayat for ensuring the compliance of COVID protocols. Also the Police Health and Local Administration are monitoring all the event under the district to prevent the transmission of COVID In the light of above meeting minutes it is submitted that the respondents made all the possible preparations to conduct the Maramon Convention” at the banks of the Pampa river. Hence it is clear that there is all possible measures taken for the Kerala Epidemic diseases Order promulgated by the State and in no violation of restrictions imposed by the State Government.” 3. Mr. Tek Chand learned Senior Government Pleader invited the attention of this Court to the Government Order G. O.No 10 2021 DMD dated 04.01.2021 by which the Disaster Management Department has issued orders regarding Covid 19 Phase 5 unlocking of general lock down and extension of lock down in containment zones which reads thus: WP(C).No.3449 OF 2021(S) 9 WP(C).No.3449 OF 2021(S) 10 WP(C).No.3449 OF 2021(S) 11 4. He also invited the attention of this Court to the advisory for performance of artists and programmesin the context of Covid 19 dated 04.01.2021 which is extracted WP(C).No.3449 OF 2021(S) 12 WP(C).No.3449 OF 2021(S) 13 WP(C).No.3449 OF 2021(S) 14 WP(C).No.3449 OF 2021(S) 15 5. According the learned Senior Government Pleader as per G. O. No. 10 2021 DMD dated 04.01.2021 the maximum number of people permitted for religious festivals cultural programmes artistic performances etc. will be restricted to 100 persons for indoor and 200 persons for outdoor venues. 6. As regards the conduct of the abovesaid convention he further stated that there was a meeting of the organizers and other Government Officials from Police Excise PWD and such other departments was convened at the end of January as well as in February to ensure that all the guidelines advisories protocol as regards Covid 19 and in particular conduct of indoor and outdoor programmes are strictly followed and in the abovesaid meeting the organizers have undertook that they would follow the Covid 19 guidelines advisories protocol in letter and spirit. WP(C).No.3449 OF 2021(S) 16 7. Mr. George Cherian learned Senior Counsel appearing for respondents 11 and 12 submitted that all the details of the participants in the convention would be registered thermal screening and social distancing would be maintained and all the advisories guidelines protocol regarding Covid 19 issued by the State Central Governments will be followed in letter and spirit. 8. Mr. George Cherian learned Senior Counsel appearing for respondents 11 and 12 is also agreeable for appropriate action against respondents 11 and 12 if any violation of advisories guidelines protocol relating to Covid 19 and in particular conduct of indoor and outdoor venues is noticed by the officials. 9. Placing on record the above submissions liberty is given to the official respondents to seek for a copy of the register if so required for the purpose of monitoring and to take suitable measures for complying with the abovesaid Covid 19 protocol in all respects. It is also significant to note that in a meeting held in the Chairmanship of the Minister for Water Resources on 15.01.2021 the organizers of the Maramon Convention has undertaken various WP(C).No.3449 OF 2021(S) 17 aspects with regard to the protocol to be followed issued by the Government in view of the Covid 19 pandemic. As per the minutes of the meeting it is also evident that strict instructions are issued to various departments of the Government to carry out the duties entrusted. Therefore it is for the organizers to abide by the undertaking made in the said meeting and it is for the officers of the Government Departments to discharge their duties that are prescribed as per the meeting held on 15.01.2021 With the above directions writ petition is disposed of. P. A. TO JUDGE WP(C).No.3449 OF 2021(S) 18 PETITIONER S S EXHIBITS TRUE COPY OF THE PHOTOGRAPHS SHOWING MASS PARTICIPATION OF DEVOTES TRUE COPY OF THE PHOTOGRAPHS OF STALLS IN THE PILGRIMS CENTRE AT MARAMON CONVENTION CENTRE DURING THE PREVIOUS TRUE COPY OF THE PHOTOGRAPHS SHOWING THE SKELTON TEMPORARY STRUCTURE OF THE MARAMON CONVENTION VENUE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE RESPONDENTS 5 8 TO 

Summary: Kerala High Court ordered that Covid – 19 guidelines / advisories / protocol, should be strictly followed during Maramon Convention to be held from 14.02.2021 to 21.02.2021. This was directed in the case of Sivadasan vs. State of Kerala &amp; Ors. [WP(C).No.3449 OF 2021(S)]. The judgement was given by Hon’ble Chief Justice Mr. S. Manikumar and Hon’ble Mr. Justice Shaji P.Chaly. The petitioner filed for a writ of mandamus, directing the respondents to limit the number of participants in the Maramon Convention, to be held at the banks of the Pampa river at Kozhenchery, in terms with the permission granted by the district/local/Government and police authorities. The writ sought to direct the respondents to avoid any chance of mass gathering, unauthorized entry, chance of spreading of Covid-19 infection among the participants in the Maramon Convention site, and violation of social distancing at the said religious congregation place. As per the Senior Government Pleader, the maximum number of people permitted for religious festivals, cultural programmes, artistic performances etc., will be restricted to 100 persons for indoor, and 200 persons for outdoor venues. Senior Counsel appearing for respondents agreed for appropriate action, against respondents, if any violation of advisories / guidelines / protocol, relating to Covid – 19, and in particular, conduct of indoor and outdoor venues, is noticed by the officials. He submitted that all the details of the participants in the convention would be registered, thermal screening and social distancing would be maintained, and all the advisories / guidelines / protocol regarding Covid – 19, issued by the State / Central Governments, will be followed in letter and spirit. The judgement stated, “It is also significant to note that, in a meeting held in the Chairmanship of the Minister for Water Resources on 15.01.2021, the organizers of the Maramon Convention has undertaken various aspects, with regard to the protocol to be followed, issued by the Government, in view of the Covid – 19 pandemic. As per the minutes of the meeting, it is also evident that, strict instructions are issued to various departments of the Government, to carry out the duties entrusted. Therefore, it is for the organizers, to abide by the undertaking made in the said meeting, and it is for the officers of the Government Departments, to discharge their duties, that are prescribed as per the meeting held on 15.01.2021.”