Sabarimala Pilgrimage: Kerala High Court Initiates Suo Moto Case Over Entities Offering Helicopter Services Without Permit

The Kerala High Court, in a special sitting convened on Saturday, directed the Travancore Devaswom Board to inform citizens through the Virtual-Q platform that for the time being, no tour operator in aviation sector has been granted permission for helicopter facility at Nilakkal.

The said direction was issued in light of a Limited Liability Partnership, namely, Enhance Aviation Services Ltd. offering 'Sabarimala Ayyappa Darshan Helicopter Service Package' without requisite permissions.

The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed,

"Considering the fact that Sabarimala and its vicinity has been declared as Special Security Zone in terms of the notification issued under Section 83(1) and (2) of the Kerala Police Act, 2011 and taking note of various aspects of crowd management and other security aspects in Sabarimala, as pointed out in the report of the Assistant Inspector General of Police, which we have referred to in the order dated 10.11.2022 in SSCR No.23 of 2022, various directions have been issued restricting the movement of vehicles from Nilakkal and prohibiting parking of vehicles on the roadside from Nilakkal to Pamba. Despite all such restrictions, the 11th respondent offered darshan and other facilities to Sabarimala pilgrims as part of its 'Helicopter Service Package' without obtaining any permission whatsoever from the Travancore Devaswom Board".

The instant suo motu proceedings were taken in light of various news reports that emerged regarding helicopter service packages for Sabarimala pilgrims by a private agency. It is noted that Enhance Aviation Services Ltd. (the 11th respondent herein) was offering helicopter services for Sabarimala pilgrims, in its website 'helikerala.com'.

It was submitted by the Senior Government Pleader on behalf of District Collector (5th respondent herein), and the District Police Chief (6th respondent herein) that they were not aware of any helicopter operation for Sabarimala Ayyappa Darshan by the 11th respondent. It was also pointed out by the counsel that the office of the 11th respondent was not functioning in the address given in the aforementioned website. When the police had contacted the representative of the 11th respondent, he informed that the latter only had a virtual office.

It was further submitted by the Standing Counsel for Travancore Devaswom Board that the Board had not granted permission to anyone for helicopter service at Nilakkal, in connection with Mandala-Makaravilakku festival season of 1198 M.E. The Court was informed by the counsel that the concerned officer of the Board would be submitting a complaint against the 11th respondent on that day itself.

Advocate Jinish Paul, who appeared on behalf of the 11th respondent, submitted that the 11th respondent is a tour operator in aviation sector. It was conceded that no permission had been obtained by them either from the Ministry of Civil Aviation, the Travancore Devaswom Board, the District Administration or the District Police for conducting helicopter services to Nilakkal, for pilgrims, and the circumstances in which the same was carried out could not be explained by the counsel.

The Court herein noted that Sabarimala, which is situated in a difficult forest terrain, had been declared a Special Security Zone, as per notification dated 19.10.2022 issued by the State Government, invoking its powers under Section 83(1) and (2) of the Kerala Police Act, 2011. Pursuant to its orders in Suo Motu v. Travancore Devaswom Board (2022), it noted that verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management for Sabarimala Darshan.

"The 11th respondent offered helicopter services to Nilakkal, which falls under the Special Security Zone notified under Section 83 (1) and (2) of the said Act, even without obtaining necessary permissions from the Ministry of Civil Aviation, the District Administration, the District Police and also the Travancore Devaswom Board", it was observed.

The Court also noted the slew of directions issued in light of vehicular parking and traffic control on 15th November 2022, and that it was categorically laid down therein that no vehicle shall be permitted to be parked on the roadside from Nilakkal to Pamba, and stringent action ought to be taken by Police and the Enforcement Wing of the Motor Vehicles Department against the owners and drivers of such vehicles. The Court had also directed the authorities therein to take strict action against the unauthorised use of national and state emblems as well as government boards on vehicles. 

The Court noted that despite such restrictions already being in place, the 11th respondent offered darshan and other facilities to Sabarimala pilgrims as part of its 'Helicopter Service Package' without obtaining any permission.

The Court directed the Board to inform the Court regarding the action it took by Monday. The 5th respondent District Collector and the 6th respondent District Police Chief were also directed to submit their reports on the 'Helicopter Service Package' offered by the 11th respondent by the same date. The Court also directed the said authorities to state as to whether any other tour operator in the aviation sector was offering similar tour packages to Sabarimala pilgrims during Mandala-Makaravilakku festival season of 1198 M.E.

When the Court was told by the 11th respondent that it would not proceed further with 'Sabarimala Ayyappa Darshan Helicopter Service Package', the Court made it clear that the said undertaking would not absolve it from being proceeded against in accordance with law. The 11th respondent was also directed to publish on its website the information that no tour operator in aviation sector had been granted permission for helicopter facility at Nilakkal, presently.

The matter has been listed at 2.00 PM today for further consideration.

Case Title: Suo Motu v. Union of India & Ors.

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