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No.3449 of 2021(S) -1 WP(C).No.3449 OF 2021(S) -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT 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) PETITIONER/S: SIVADASAN AGED 54 YEARS S/O BALAKRISHNAN, PLAMTHUNDIL VEEDU, KADAMBANADU NORTH(PO), ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.B.BIPIN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHPAURAM-695001. 2 THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3 THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 4 THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM, PIN- 695 014. 5 THE DISTRICT COLLECTOR COLLECTORATE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689645. WP(C).No.3449 OF 2021(S) -2- 6 THE TAHSILDAR TALUK OFFICE, MINI CIVIL STATION, KOZHENCHERY, PIN-689641. 7 THE VILLAGE OFFICER VILLAGE OFFICE, KOZHENCHERY, PIN-689641. 8 THE DISTRICT POLICE CHIEF PATHANAMTHITTA, PIN-689645. 9 THE STATION HOUSE OFFICER ARANMULA POLICE STATION, ARANMULA (PO), PATHANAMTHITTA DISTRICT, PIN-689533. 10 KOZHENCHERY GRAMA PANCHAYAT PANCHAYAT OFFICE, KOZHENCHERY (PO), PIN-689641. PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS SECRETARY. 11 MAR THOMA EVANGELISTIC ASSOCIATION MALANKARA MARTHOMA SYRIAN CHURCH, THIRUVALLA, PIN-689101. REPRESENTED BY ITS GENERAL SECRETARY. 12 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 PETITION (CIVIL) HAVING 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- J U D G M E N T 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 place. 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 authorities. 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 hereunder:- 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 permitted limits. 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 February 2021. 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.
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