Kerala High Court orders PWD to inspect temporary bridges constructed for Mahamagha Mahotsavam

The Kerala High Court on Tuesday ordered the Public Works Department (PWD) to conduct inspection of the temporary bridges constructed on the Bharathapuzha river for the 'Thirunavaya Mahamagh Mahotsavam', a Hindu pilgrimage festival set to be revived after nearly 250 years [MK Vijaykumar v District Collector & Ors.].Justice C Jayachandran passed the order on a petition challenging a stop memo issued by the Village Officer at Thirunavaya under the Kerala Protection of River Banks and Regulation of removal of Sand Act, 2001 (Act), stalling the preparations.The Court noted that the issues raised in the stop memo have been substantially closed as the District Collector produced the necessary safety certificates with respect to the constructions raised. However, taking into account the State Government Pleader's submission that over 10 lakh pilgrims may attend the festival, the Court deemed it fit to direct the Executive Engineer of the Tirur PWD to inspect the temporary bridges that were constructed for the festival. "This Court directs the Executive Engineer of concerned PWD to conduct an inspection on the premises where the Mahotsavam is going on, specifically the bridges and suggest measures for strengthening the bridges so as to enable the large scale festival. Let the inspection be conducted tomorrow itself. Representative of the petitioner and Superintendent of Police shall be present when the inspection is conducted," the Court's order stated. The Court also directed the Executive Engineer and the Superintendent of Police to give their suggestions within a day for boosting safety and directed the organisers to take all necessary steps within two days. "With regard to execution of remedial steps suggested, District Collector shall ensure that concerned government departments take necessary action. This Court is issuing these directions taking into account the safety of the huge number of believers who are expected to participate in the Mahamagha Mahotsavam. Post next Tuesday for further consideration," the Court added. .The petition was filed by the Mahamagha Mahotsava Organising Committee convener MK Vijaykumar.As per the plea, the festival 'Mahamagh Mahotsavam', scheduled to be held from January 16 to February 3 at Thirunavaya in Malappuram district, is described as the 'Kumbh Mela of South India'.It marks the revival of an ancient Hindu ritual that was discontinued during the British period.The organisers had approached various authorities, including the District Collector, Revenue, police and fire authorities as well as the local self- government institutions, seeking necessary permissions.In the meeting convened by the Tirur Sub-Collector on December 5, it was decided that three temporary bridges would be constructed to facilitate the movement of devotees. The organisers also took the responsibility of deploying 600 volunteers for crowd management.Officials were also assigned responsibilities, including monitoring the water levels in the river, regulating traffic, installing CCTV cameras and arranging other facilities in the area where the festival is scheduled to happen..As per the petitioner, the district collector had issued detailed guidelines on January 15 directing that adequate crowd control measures be taken, especially in areas where large gatherings are expected.According to plea, the organisers have complied with all directions, including arranging 24-hour medical teams, emergency evacuation plans and traffic regulation systems.However, while the arrangements for the festivals were going on, the village officer of Thirunavaya issued a stop memo on January 8 citing objections to the construction of temporary bridges across the river, thereby putting a halt on activities related to the festival.This prompted the petitioner to move the High Court challenging the stop memo. .The matter will be taken up next on January 27. .[Read Order].The petition was filed through advocates Amith Krishnan, Hanna Mary Mathew, Manavi Muraleedharan and Kavya KP..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.