Judgment of the Kerala High Court in the matter of Suo Motu Vs State of Kerala & Others dated 08/01/2024.

The Special Commissioner, Sabarimala has filed this report regarding the presence of unauthorized hawkers/sellers of articles including plastic toys, plastic articles and drinking water in PET bottles at Nilakkal.

The Kerala High Court by order dated December 9, 2015 had ordered that there shall be a complete ban of plastic bottles including PET bottles, packed drinking water bottles in Sannidhanam, Pamba, Chalakkayam, Nilakkal and Erumeli, from February 1, 2016.

That order was followed by the order dated July 23, 2018, whereby the court ordered complete ban of plastic, in whatever manner and whatever form, be that bottles, sachets, wraps, covers, drinking straw or any other, including for carrying pooja articles in the ‘Irumudikkettu’. The HC directed the concerned authorities to ensure that plastic, in whichever form it be, do not find itself in and around Sabarimala at all.

That order was followed by the order dated November 4, 2016, wherein the court directed the Kerala Water Authority and the Travancore Devaswom Board to provide purified and potable water to pilgrims free of cost. Accordingly, the Kerala Water Authority has installed RO water dispensers at Sannidhanam, Pamba and Nilakkal and also in the trekking paths, to provide purified drinking water to the pilgrims. Travancore Devaswom Board also provides RO water at Sannidhanam and medicated boiled water at Sannidhanam, Pamba, Nilakkal and also in the trekking paths. The Food Safety Standards Authority routinely collects the samples of potable drinking water and conducts tests to ascertain its purity.

In the latest Sabarimala Special Commissioner Report (SSCR), the Special Commissioner, Sabarimala has stated that, during the current pilgrimage season, there was unauthorised sale of articles by hawkers at Nilakkal.

The Special Commissioner, Sabarimala has directed the Duty Magistrate at Nilakkal to take action and to remove unauthorised hawkers and it was complied with. However, illegal hawkers including persons from other states are again present at Nilakkal, who are indulging in illegal sale of articles. Some of the hotels and shops at Nilakkal are also stocking and selling drinking water in PET bottles and plastic bottles.

The Special Commissioner, Sabarimala has filed a supplementary report dated January 5, 2024, wherein it is stated that due to the presence of the unauthorised hawkers, whose identities are not verified, who remain inside the Nilakkal Base Camp, which is a Special Security Zone, serious security lapses may occur.

Having considered the reports of the Special Commissioner, Sabarimala and also the submissions made at the Bar, Kerala High Court directed the District Collector, Pathanamthitta, District Police Chief, Pathanamthitta, Deputy Director, Periyar West Division, Executive Officer, Sabarimala and the Secretary, Ranni-Perunad Grama Panchayat to prevent the sale of plastic bottles, packed drinking water in plastic/PET bottles and also the sale of plastic utensils and toys in Sannidhanam, Pamba and Nilakkal and also in the trekking path, by any Kuthaka holder (successful bidder) or unauthorised hawkers, through the Duty Magistrates, Inspectors of the Legal Metrology Department, the enforcement squad of Ranni-Perunad Grama Panchayat and also the Vigilance Wing of the Travancore Devaswom Board.

The Travancore Devaswom Board should take stern action against the Kuthaka holders who are selling packed drinking water in plastic/PET bottles and other plastic articles at Sannidhanam, Pamba and Nilakkal, in violation of clause No. 43 of the general conditions which forms part of the tender notifications issued for auctioning the Kuthaka rights.

The Board shall close down the shops of the Kuthaka holders who have violated clause No.43 of the general conditions. Police, District Administration and Grama Panchayat shall take immediate steps to remove all unauthorised hawkers from Nilakkal, Pamba and Sannidhanam, the Kerala High Court order said.