Kerala High Court Declines Request To Move Bio-Toilets From Sabarimala To Wayanad Relief Camps

This decision comes in light of the anticipated influx of pilgrims for the Chingamasapooja festival starting August 16, 2024.

A Division Bench of Justice Anil K. Narendran and Justice Harisankar V. Menon said, “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 reached this conclusion after reviewing a report submitted by the Special Commissioner of Sabarimala. This report was based on an email request from the Chairperson of the District Disaster Management Authority and the District Collector of Wayanad, dated August 1, 2024. The email sought the transfer of 30 to 40 bio-toilets from Sabarimala to Wayanad due to recent landslides in the area.

The Special Commissioner’s report revealed that Sabarimala currently has 28 bio-toilets, of which three were inoperable. Furthermore, 10 of these units are permanently installed along the Marakkuttam trekking path and cannot be moved. The remaining 15 bio-toilets are distributed at various points along the pilgrimage route. Given that Sabarimala is expecting a daily influx of 30,000 to 40,000 pilgrims during the Chingamasapooja, relocating these toilets would significantly disrupt the facilities available for the pilgrims.

The Standing Counsel for the Travancore Devaswom Board echoed these concerns, stating that temporarily transferring the bio-toilets to Wayanad would create severe difficulties for the large number of pilgrims visiting Sabarimala for the festival.

Taking these considerations into account, the Court concluded that it is not feasible to direct the shift of the bio-toilets from Sabarimala to Wayanad, given the critical need for these facilities during the high pilgrimage season.

Cause Title: Suo Moto v. State of Kerala & Ors., [2024/KER/58543]