Introduction

The case of Satheesh Petitioner/s v. Travancore Devaswom Board, adjudicated by the Kerala High Court on November 18, 2021, marks a significant judicial intervention in regulating temporary structures erected on public roads during religious festivals. The petitioner, a resident near Thuravoor Mahakshethram, sought mandamus relief to remove encroachments that obstructed traffic flow and pedestrian pathways in connection with the temple's annual festival. This commentary delves into the background of the case, the High Court's judgment, and its broader implications for public safety and urban management during religious festivities.

Summary of the Judgment

The petitioner filed a writ of mandamus under Article 226 of the Constitution of India, requesting the removal of temporary shops erected on the road margins and adjacent lands surrounding the Thuravoor Mahakshethram during its annual festival. The primary concerns were the obstruction of vehicular traffic on Chavadi-Thuravoor Junction Road and National Highway-66, as well as impediments to pedestrian movement. The Kerala High Court, after examining submissions from both parties and relevant authorities, directed the respondents to conduct a boundary survey and ensure that any temporary structures do not encroach upon the designated pedestrian and traffic pathways. The court emphasized strict adherence to existing guidelines and standards to safeguard public safety and maintain uninterrupted traffic flow.

Analysis

Precedents Cited

The judgment references several pivotal cases and legal provisions that have shaped the Court's understanding and decision-making:

• A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482]: Established the duty of courts to protect temple properties from misappropriation and encroachment.
• C.S.S. Motor Service v. State Of Madras [AIR 1953 Mad 279]: Affirmed that public roads are held by the state as trustees for the public and cannot be encroached upon.
• Sivadass Prasad v. State of Kerala [2020 (6) KHC 373]: Reinforced the importance of maintaining pedestrian pathways free from encroachments to ensure safety.
• Shali P. v. State Of Kerala [2019 (5) KHC 118]: Highlighted the necessity of adhering to pedestrian facility guidelines to prevent unsafe conditions for walkers.
• Travancore Devaswom Board v. Mohanan Nair M.N [(2013) 3 KLT 132]: Emphasized the High Court's parens patriae jurisdiction to oversee and safeguard temple properties.

Legal Reasoning

The High Court's decision was underpinned by the following legal principles:

1. Protection of Public Roads: Reinforcing the stance that public roads and footpaths are public trusts, and any encroachment undermines their primary function of facilitating safe and unobstructed movement.
2. Parens Patriae Jurisdiction: Exercising inherent judicial authority to protect the interests of those who cannot protect themselves, in this case, pedestrians, including vulnerable groups like children and the elderly.
3. Compliance with Established Guidelines: Mandating adherence to the Indian Roads Congress guidelines (IRC: 103-2012) to ensure uniform standards in road and pedestrian facility maintenance.
4. Accountability Under Motor Vehicles Act: Referencing Section 198A of the Motor Vehicles Act, 1988, to hold responsible parties accountable for maintaining road safety standards.
5. Precedent from Apex Court: Upholding the Apex Court's directive from Union of India v. State of Gujarat [SLP(Civil) No. 8519 of 2006] that restricts the installation of structures on public roads without proper permission.

Impact

This judgment serves as a crucial precedent for future cases involving the encroachment of public spaces during religious and cultural events. Key impacts include:

• Enhanced Public Safety: By mandating the removal of obstructions, the judgment ensures safer pedestrian and vehicular movement, particularly for vulnerable groups.
• Standardization of Temporary Structures: The directive to follow prescribed layouts for temporary shops sets a clear standard for permissible structures during festivals.
• Strengthened Judicial Oversight: Reinforces the role of courts in supervising and enforcing public trust principles, especially concerning religious institutions.
• Regulatory Compliance: Encourages local authorities and Devaswom Boards to strictly adhere to national guidelines and standards, reducing arbitrary encroachments.
• Precedent for Future Prosecutions: Provides a legal foundation for prosecuting unauthorized encroachments, thereby deterring potential violators.

Complex Concepts Simplified

Devaswom Boards

Devaswom Boards are statutory bodies responsible for the administration of Hindu temples and their properties. They manage the day-to-day operations, including financial aspects, maintenance, and regulation of temple premises. In this case, the Travancore Devaswom Board manages the Thuravoor Mahakshethram temple.

Writ of Mandamus

A writ of mandamus is a court order compelling a public authority to perform a duty that it is legally obligated to complete. Here, the petitioner sought a mandamus to instruct the respondents to remove unauthorized shops and ensure free traffic flow.

Parens Patriae

Parens patriae is a doctrine that grants courts the authority to act as guardians for those who are unable to care for themselves, such as minors or vulnerable groups. In this judgment, the court exercised this jurisdiction to protect public interest and safety.

Indian Roads Congress Guidelines (IRC: 103-2012)

These guidelines outline standards for pedestrian facilities on roadways in India, focusing on safety, accessibility, and unobstructed pathways. Compliance with these standards ensures that roads serve their intended purpose without infringing on pedestrian rights.

Motor Vehicles (Driving) Regulations, 2017

These regulations set forth rules for the operation of vehicles, emphasizing the safety of all road users, including pedestrians. They prohibit parking on footpaths and mandate responsible driving behavior to prevent accidents and obstructions.

Conclusion

The Kerala High Court's judgment in Satheesh Petitioner/s v. Travancore Devaswom Board underscores the judiciary's commitment to upholding public trust and ensuring the safety of all road users. By strictly regulating temporary structures during religious festivals, the court has set a robust precedent that balances cultural practices with urban safety and infrastructure standards. This decision not only reinforces existing legal frameworks but also serves as a deterrent against future encroachments, promoting a harmonious coexistence between religious activities and public welfare.

Moving forward, it is imperative that local authorities, Devaswom Boards, and community organizers collaborate to adhere to judicial directives and national guidelines. Such cooperation will ensure that cultural and religious festivities continue to thrive without compromising the safety and accessibility of public spaces for all citizens.