Shifting Bio Toilets From Sabarimala To Relief Camps In Wayanad Not Feasible Due To Large Number Of Expected Pilgrims: Kerala High Court

The Division Bench comprising Justice Anil K. Narendran And Justice Harisankar V. Menon observed thus:

“we are of the view that for the reasons stated in the report of the Special Commissioner, Sabarimala and the stand taken by the Board, as stated hereinbefore, the Board cannot be directed to shift the bio-toilet units, 15 in number, placed at various locations in the trekking path at Sabarimala to Wayanad, especially when the Board is expecting an average footfall of 30,000 to 40,000 pilgrims during Chingamasapooja, for which the temple will open on 16.08.2024.”

The Court was considering a report submitted by the Special Commissioner, Sabarimala based on an email sent by the Chairperson of the District Disaster Management Authority and the District Collector, Wayanad.

The email was sent on August 01, 2024, after the landslides in Wayanad asking if the Travancore Devaswom Board could provide 30-40 bio toilets kept at Sabarimala to the relief camps in Wayanad.

The Special Commissioner submitted a report before the Court stating that only 28 bio toilet units were kept at Sabarimala, out of which 3 were not usable. It was submitted that 10 bio toilet units were fixed permanently at Marakkuttam trekking path which cannot be moved. It was submitted that the rest of the 15 bio toilet units were placed on different places on the pathway of the pilgrims.

The report further stated that Sabarimala anticipates around 30,000 to 40,000 pilgrims every day during Chingamasapooja, starting from August 16. It was thus stated that pilgrims coming to Sabarimala would face great difficulties if those bio toilets are temporarily shifted to the relief camps in Wayanad.

The Standing Counsel for the Travancore Devawsom Board submitted that they expect around 30,000 to 40,000 pilgrims for Chingamasapooja from next week. It was said, “Therefore, if the bio-toilets placed at various places in the trekking path, with separate storage tanks having a capacity of 1000 litre each, are temporarily given to the Relief Camps at Wayanad, it will cause much difficulty to the pilgrims coming to Sabarimala during Chingamasapooja.”

Considering the above factors, the Court observed that the Travancore Devaswom Board cannot be directed to shift 15 bio toilet units kept at various places in the trekking path for the pilgrims to Wayanad.

Citation: 2024 LiveLaw (Ker) 506

Case Title: Suo Moto v State of Kerala

Case Number: SSCR NO.58 OF 2024

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