SUO MOTU v. UNION OF INDIA MINISTRY OF CIVIL AVIATION, RAJIV

ADDL R11- AIRPORT AUTHORITY OF INDIA ROOM NO.155, FIRST FLOOR, B-BLOCK, RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT, NEW DELHI -110 003, REPRESENTED BY ITS CHAIRPERSON ADDL R12- THE REGIONAL EXECUTIVE DIRECTOR AIRPORT AUTHORITY OF INDIA, REGIONAL HEAD QUARTERS, SOUTHERN REGION, CHENNAI-600 027 ADDL R13- THIRUVANANTHAPURAM MUNICIPAL CORPORATION OPP. TO MUSEUM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARY *ARE IMPLEADED AS ADDITIONAL RESPONDENTS 11, 12 AND 13 VIDE ORDER DATED 27/10/2023 IN DBP.NO.76/2023 SRI MANU S- DSGI SRI S.RAJMOHAN- SR GOVERNMENT PLEADER SRI SUMAN CHAKRAVARTHY - STANDING COUNSEL, THIRUVANANTHAPURAM CORPORATION SRI R.SURAJ KUMAR - STANDING COUNSEL THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DBP No.76 of 2023 G. Girish, J. 3 O R D E R This DBP is registered suo motu based on a news item that appeared in Indian Express online edition, in which it is stated that a private helicopter crossed the air space above Sree Padmanabhaswamy Temple on 28.07.2023 , despite it being a high-security zone, under special protection by the Kerala Police.

2. The copy of this DBP was served on the Government Pleader, Deputy Solicitor General of India and Standing Counsel for Sree Padmanabha Swami Temple Trust.

3. The 8th respondent Deputy Commissioner of Police and Chief Security Officer, Sree Padmanabhaswamy Temple has filed an affidavit dated 19.08.2023, producing therewith Annexures R8(a) to R8(c) documents. An affidavit dated 21.09.2023 of the 9th respondent is placed on record, which was followed by an additional affidavit filed by the 8th respondent in reply.

4. As per orders dated 14.08.2023 and 27.10.2023, the Director General of Civil Aviation, Airport Authority of India, the Regional Executive Director of Airport Authority of India and the Thiruvananthapuram Municipal Corporation were impleaded as additional respondents 10 to 13 respectively. DBP No.76 of 2023 4

5. In the affidavit dated 21.09.2023 of the 9th respondent- Executive Officer of the Sree Padmanabhaswamy Temple Administrative Committee, it is stated that although the Sree Padmanabha Swami Temple, Thiruvananthapuram and its surroundings are declared as security zone, numerous protests and meetings organised by various trade unions take place there and banners, hoardings and flex boards are being erected inside the said security zone. It is further stated in the said affidavit that street vendors on the eastern and western sides of Padmatheertham Pond poses a security threat to the temple. The above street vendors and people approaching them are said to have been throwing plastic waste and other materials into the pond making it difficult to maintain the cleanliness and hygiene of the said pond.

6. In the affidavit dated 19.08.2023 filed by the 8th respondent- Deputy Commissioner of Police and Chief Security Officer, Sree Padmanabhaswamy Temple, it is stated that the helicopter which flew over the area where the temple is situated, is having required licence and that they had obtained permission from the air traffic controller to fly over the said area. It is further stated in the affidavit that the above area is not declared as a 'no flying zone' by the Central Government and there is no restriction in flying above the said area. According to the 8th respondent, the Air Traffic Control Unit had informed that the owner of the said helicopter is Lulu International Shopping Malls Private Limited and that there were no passengers on board at the time of flight of that helicopter flown by Captain Niranjan and Captain Ramana Babu. DBP No.76 of 2023 5

7. The 8th respondent filed an affidavit dated 14.10.2023 in reply to the affidavit of the 9th respondent stating that stringent steps have been taken to prevent the protests and meetings within the security zone where the temple is situated and that banners, hoardings and flex boards erected in the said zone will be removed, if brought to the notice of the police. It is further stated in the said affidavit that all efforts are made to ensure the free flow of vehicular traffic and pedestrian movement on the roads surrounding the temple. According to the 8th respondent, sufficient security is provided in the special security zone of the temple for crime prevention, surveillance of suspected characters and for traffic regulation towards the temple. It is also stated that vehicle parking is allowed only beyond the outer periphery of the temple and that all measures are taken to avoid unauthorised parking inside the security zone.

8. The 13th respondent, Secretary of Thiruvananthapuram Corporation filed an affidavit dated 01.01.2024 contending, inter alia, that obstructive parking on all the four sides of the temple is causing a lot of difficulties to the devotees due to lack of parking ground, that street vending activities without any licence are ongoing on the three sides of the temple, that out of the 28 vendors engaged in different kinds of business activities in the eastern nada of the temple premises, 21 of them are having no NULM licences, that notices were issued to unauthorised street vendors and that necessary steps are being taken to prevent such activities. DBP No.76 of 2023 6

9. Today when the matter is taken up for hearing, it is submitted by the counsel representing the respondents that all necessary steps have been taken to ensure the security of Sree Padmanabha Swami Temple, Thiruvananthapuram and that the objectionable activities of unauthorised traders in and around the temple premises have been checked by proper interventions. It is also submitted that vehicular movement and parking in the peripheral roads surrounding the temple are being regulated by appropriate measures. Recording the above submissions of learned counsel representing the respondents, this DBP is closed. Sd/- ANIL K. NARENDRAN, JUDGE G. GIRISH, JUDGE Sd/- DBP No.76 of 2023 7 APPENDIX OF DBP 76/2023 PETITIONER ANNEXURES Annexure R8(a) True copy of the gazette notification dated 18.10.2011 of the Government order G.O(P) NO.226/2011/Home dated 17.10.2011 Annexure R8 (C) True copy of the Government Order G.O (RT) NO. 2046/2017/Home dated 03.08.2017 Annxure (b) R8 True copy of the Government Order G.O(RT) NO.2581/2022/Home dated 19.09.2022 RESPONDENT EXHIBITS Exhibit- R13(e) A true copy of the notice No.FRT/5/23 dated 30.12.2023 issued to Nalini Kumari Exhibit- R13(f) A true copy of the notice No.FRT/6/23 dated 30.12.2023 issued to Ashok Exhibit- R13(g) A true copy of the notice No.FRT/7/23 dated 30.12.2023 issued to Thahir Ali Exhibit- R13(h) A true copy of the notice No.FRT/8/23 dated 30.12.2023 issued to Sudheer.M.K Exhibit- R13(a) A true copy of the notice No.FRT/1/23 dated 30.12.2023 issued to Nayanar.U Exhibit- R13(b) A true copy of the notice No.FRT/2/23 dated 30.12.2023 issued to Anvar Exhibit- R13(c) A true copy of the notice No.FRT/3/23 dated 30.12.2023 issued to Vijay Kumar Exhibit- R13(d) A true copy of the notice No.FRT/4/23 dated 30.12.2023 issued to Sindhu