ANTHARASHTRA HINDU PARISHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) A decision has been taken by the Government of Kerala, presumably being guided by the imperative provisions of the Master Plan relating to the Holy Sabarimala Hills and Shrine, to restrict the plying of private vehicles from Nilakkal to Pamba-Triveni; thus requiring the devotes who come by private vehicles to alight at Nilakkal and thereafter, continue their journey to Pamba-Triveni by the circular bus service operated exclusively by the Kerala State Road Transport Corporation (KSRTC for short).

(2.) The vires of this policy has not been specifically challenged before us and therefore, it perhaps is not necessary for us to deal with it in detail, except to say that this policy appears to have been now adopted adscititiously on account of the changed ground level infrastructural preparedness at Pamba, consequent to the horrific floods and deluge suffered by our State in the last few months. Pamba- Triveni as of now, is stated to be not in a situation to accommodate or suffer large traffic and therefore, the inevitability of turning Nilakkal into a base camp for the 'Mandala Makaravilakku' season and for the monthly poojas, seems to have guided the Government to evolve a policy of this nature.

(3.) That being so, however, this policy seems to have attracted a bevy of complaints regarding the consequential transport of pilgrims from Nilakkal to Pamba-Triveni; with the petitioners in these cases predicating, apparently in public interest, that the monopoly now granted to the Kerala State Road Transport Corporation (KSRTC for short) in doing so, clothes them with unbridled authority, enabling them to charge much more than what they are authorised to do under the provisions of the applicable Statutes and Regulations.