T M B SAMITHY Vs. ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) Heard both sides. Petitioner is the President of the Thuravoor Mahakshethra Bhakthajana Samithy, which is registered under the Travancore - Cochin Literary, Scientific & Charitable Societies Act, 1955. The Bhakthajana Samithy have been actively participating in the religious and other affairs of the Thuravoor Mahakshethram and are promoting the welfare of the temple. It is stated that the annual festival of the temple starts on 30.10.1999 and various developmental activities are also being undertaken in the temple. The temple is on the side of the National Highway and the Thuravoor-Khumbalangi road is passing through the properties of the Devaswom. In connection with the festival in the temple, various articles for the construction of Panthal like bamboo poles, tarpaulins and other materials for adorning the Panthal etc. are also to be brought in vehicles etc. Apart from this, during the festival season various small traders will be conducting trades and trade fairs near the temple in the Devaswom properties and that they are also bringing materials for erection of small tents for the purpose of construction of temporary sheds.

(2.) It is alleged that the headload workers in the area have been demanding huge amounts towards unloading charges. Even when articles and utensils for the Kalasakudam or other goods used for the developmental activities of the temple etc. are brought, the headload workers used to obstruct the unloading of these goods by the members of the Bhakthajana Samithy and other deists and devotees demanding huge amounts towards unloading charges. It is stated this is causing menace and great difficulties for the members of the Mahakshetra Bhakthajana Samithy. It is stated that the annual festival started on 30th October, 1999. Under these circumstances, the petitioner made a request to the Administrative Officer of the Devaswom Board to take appropriate action to get adequate police help to ward off any obstruction from the headload workers in regard to the materials brought for the purpose of the temple and by the traders and other persons. A true copy of the request dated 18.10.1999 is filed as Annexure I(a). Samithy also submitted a similar requisition to the second respondent, Circle Inspector of Police, Kuthiathodu. It is requested that unless suitable directions are issued in the matter, it may lead to great difficulties at the site during the coming days and even strenuous efforts made by the Mahakshetra Bhakthajana Samithy of the temple have not yielded any results as the headload workers are very adamant in getting their illegal share of attimari charges and huge sums of money for unloading the goods at the site. Many of these headload workers do not do any unloading work but are imposing an obligation on others to extract money in the name of wages. Neither the temple authorities nor the small traders will be able to meet their demands. Further the traders and other contractors who are engaged in the construction and erection of Panthal are having their own arrangements to unload the articles by themselves at the site or through their helpers. Under such circumstances, we are of the opinion that the second respondent, Circle Inspector of Police shall afford adequate and necessary police protection to the temple authorities and other contractors and persons who are being engaged for the purposes of the Festival in the Thuravoor Mahakshetram to load and unload the goods through their own workers. The Thuravoor Mahakshetram is an important temple under the administration of the Travancore Devaswom Board and lakhs of devotees are assembling during the festival season. Kerala Headload Workers Act applies only to the establishments mentioned in the schedule and the temple does not find a place in the schedule of Kerala Headload Workers Act. Under such circumstances, obstruction if any by the headload workers shall be removed by the police. Since large number of devotees and others assemble during the festival season, the police authorities shall scrupulously follow this direction, preserve and maintain law and order situation in the temple, its properties, workers and the members of the Samithy who are engaged for loading and unloading work.