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2025 Supreme(Online)(Ker) 53822

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent
SSCR NO. 41 OF 2025



Advocates:
For the Appellants/Petitioners:
For the Respondents: ADV. SAYUJYA RADHAKRISHNAN (AMICUS CURIAE), ADV. S. RAJMOHAN, SR. GP, ADV. NAGARAJ NARAYANAN, SPL GP FOR FOREST, ADV. G BIJU, SC FOR TDB

The court emphasizes the necessity for dignified transportation of deceased devotees and mandates safety protocols during pilgrimages to prevent cardiac events.

Headnote:The Special Commissioner seeks a direction for ambulance service for deceased devotees' remains transport from Sannidhanam to Pamba under distressing circumstances. The Court noted many cardiac deaths among pilgrims, necessitating a transport service that respects dignity. The Travancore Devaswom Board is directed to implement a health and safety protocol alongside immediate ambulance usage for transport.

Table of Content
1. court requires improvement in deceased transport practices. (Para 2 , 5)
2. court observes concerns regarding pilgrims' health during the pilgrimage. (Para 6 , 7)
3. mandates comprehensive safety protocols for pilgrim management. (Para 8 , 10)
4. court directs the use of ambulances for deceased transport. (Para 11 , 12)

K. V. Jayakumar, J.

This report is filed by the Special Commissioner seeking a direction to avail the service of an Ambulance for the transportation of the mortal remains of the deceased devotees from Sannidhanam to Pamba.

2. The Special Commissioner in his report stated that several devotees lost their lives in the Government Hospital at Sannidhanam during their pilgrimage to Sannidhanam due to cardiac arrest. It is stated in his report that the current practice is to transport the mortal remains of the devotees from Sannidhanam to Pamba in stretchers. Such practice causes significant distress and discomfort to the relatives of the deceased devotee and other trekking pilgrims. It is stated in the report that an old Ambulance bearing No. KL-01-BY-7980 is stationed at Pamba. Therefore, the Special Commissioner seeks a direction from this Court to avail the service of the old Ambulance (KL-01-BY-7980) for the transportation of the mortal remains of deceased devotees.

3. When the matter is taken up today, Sri. G.Biju, learned Standing Counsel, submitted that the Board has already taken a decision to use the old Ambulance (KL-01-BY-7980) stationed at Pamba for the transportation of the mortal remains of devotees who lose their lives.

4. The learned Special Government Pleader submitted that the service of the old Ambulance (KL-01-BY-7980) stationed at Pamba can be spared for this purpose alone.

5. We are shocked and dismayed to note the present practice of transportation of the mortal remains of the deceased devotees in stretchers from Sannidhanam to Pamba.

6. It is brought to our notice that during every Mandalam–Makaravilakku season, approximately 150 cardiac events are reported, of which 40–42 unfortunately result in death. We have seen reports of expert cardiologists who have opined that sudden and strenuous physical exertion can precipitate acute cardiac episodes, including heart attacks, either during the activity or within an hour thereafter. It is further reported that in the current season itself, eight (8) cardiac deaths were recorded within the first eight days, underscoring the seriousness of the issue.

7. Most cardiac events associated with the Sabarimala pilgrimage are triggered when devotees attempt brisk or forceful climbing. The unusual physical strain can lead to angina, myocardial infarction, or even sudden arrhythmic death. The Neelimala–Appachimedu stretch on the trekking route from Pampa to Sabarimala is particularly steep, arduous, and demands considerable physical effort. A devotee proceeding to Sannidhanam is therefore required, in the interest of health and safety, to take adequate rest breaks along this stretch to avoid overexertion and reduce the risk of cardiac complications.

8. Therefore, we deem it appropriate to direct the Travancore Devaswom Board to address this issue with utmost priority. The Board shall prepare a comprehensive protocol for devotees, aimed at ensuring their health, safety, and orderly movement. This protocol shall include a detailed health advisory, measures for effective crowd management, and clear instructions regarding the virtual queue system. It shall also explicitly specify the list of banned items such as plastics, chemical kum kum, shampoo sachets, and other environmentally harmful materials.

9. The protocol shall further sensitise devotees to the fact that dhoties and other wearing apparel shall not, under any circumstance, be dumped or abandoned in the holy river Pampa. The Board shall make it clear that such dumping is not, and has never been, an essential religious practice connected with Sabarimala darshan, and that it adversely affects the sanc

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