Kerala High Court
Suo Motu vs State Of Kerala on 13 November, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
SSCR No.73 of 2024
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2024:KER:84865
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024/22ND KARTHIKA,
1946
SSCR NO.73 OF 2024
(IN THE MATTER OF TRAVANCORE DEVASWOM BOARD -
SABARIMALA SPECIAL COMMISSIONER REPORT - SM NO. 73/2024 -
REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA -
ON THE SUBMISSION PUT IN BY DEVOTEE DOCTORS OF SABARIMALA -
SUO MOTU PROCEEDINGS INITIATED - REG:.)
PETITIONER:
SUO MOTU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM)
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
2 DIRECTOR OF HEALTH SERVICES
DIRECTORATE OF HEALTH SERVICES, GENERAL
HOSPITAL JUNCTION,
THIRUVANANTHAPURAM - 695035
3 DEPARTMENT OF HEALTH & FAMILY WELFARE
GOVERNMENT OF KERALA, REPRESENTED BY ITS
SSCR No.73 of 2024
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SECRETARY 6TH FLOOR, SECRETARIAT ANNEXE -
II, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
4 DISTRICT MEDICAL OFFICER (HEALTH)
COLLECTORATE BUILDING, COLLECTORATE,
PATHANAMTHITTA - 689645
5 THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY,
NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM - 695 003
6 THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, DEVASWOM
BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM - 695 005
7 EXECUTIVE OFFICER
SABARIMALA, SABARIMALA P.O.,
PATHANAMTHITTA - 689662
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING
COME UP FOR ADMISSION ON 13.11.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
SSCR No.73 of 2024
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ORDER
Anil K. Narendran, J.
The Special Commissioner, Sabarimala, has filed this report
based on a letter dated 20.10.2024 received from 3 doctors, who
have formed an association called 'Devotee Doctors of
Sabarimala' to do free service during the Mandala-Makaravilakku
festival season of 1200ME (2024-25). A copy of the minutes of
the decision taken in a meeting convened in the Board Head
Quarters on 30.08.2024, regarding the activities of Devotee
Doctors of Sabarimala, and also a communication dated
04.09.2024 are enclosed along with the letter submitted before
the Special Commissioner, Sabarimala.
2. The Special Commissioner, Sabarimala, has filed SSCR
No.15 of 2024, regarding the suggestions made by the Kerala
Medical Government Officers Association for improvement of
infrastructure and other facilities for medical care during
Mandala-Makaravilakku festival season on 1200ME (2024-25) at
Sabarimala. That SSCR was disposed of by a detailed order dated
04.11.2024. Paragraphs 7 and 8 of that order read thus;
"7. In the judgment dated 09.10.2024 in W.P.(C)
No.17716 of 2024, in respect of SAHAS Cardiology Centre
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at Sannidhanam, this Court noticed that when the entire
medical facilities at Sabarimala are being provided with
Medical Officers, Paramedical staff and Technical staff of
the Health Services Department, who are being, posted at
the Government Hospital, Sannidhanam; Government
Hospital, Pamba; Primary Health Centre, Nilakkal;
Cardiology Centre, Neelimala; Cardiology Centre,
Appachimedu and also in the temporary hospitals at
Charalmedu and Karimala, on special duty, who are under
the direct control of the additional 8th respondent District
Medical Officer (Health), Pathanamthitta, the petitioner
Society cannot be permitted to have a free Medical Aid
Centre at Sannidhanam, with the help of Doctors and
Paramedical staff provided by SRM Institute of Medical
College (SIMS), Chennai. Paragraphs 33, 34 and also the
last paragraph read thus:
"33. When the entire medical facilities at
Sabarimala are being provided with the Medical
Officers, Paramedical staff and Technical staff of the
Health Services Department, who are being posted
at the Government Hospital, Sannidhanam;
Government Hospital, Pamba; Primary Health
Centre, Nilakkal; Cardiology Centre, Neelimala;
Cardiology Centre, Appachimedu and also in the
temporary hospitals at Charalmedu and Karimala,
on special duty, who are under the direct control of
the additional 8th respondent District Medical
Officer (Health), Pathanamthitta, the petitioner
Society cannot be permitted to have a free medical
aid centre at Sannidhanam, with the help of
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Doctors and Paramedical staff provided by SRM
Institute of Medical College (SIMS), Chennai. As
already noticed hereinbefore, the petitioner has not
chosen to produce any document to substantiate
the fact that, after the renovation of Government
Hospital, Sannidhanam, in the year 2019, medical
facilities are being provided to pilgrims at SAHAS
Cardiology Centre, Sannidhanam, with the
assistance of the Paramedical staff provided by
SIMS, Chennai. The documents marked as Exts.P9
and P10 in the writ petition are two reports dated
18.01.2024 and 18.04.2024 regarding the
functioning of SAHAS Cardiology Centre,
Sannidhanam during Mandala-Makaravilakku
festival season of 1199ME (2023-24). The said
reports are filed by Dr.O.Vasudevan, who is the
Secretary of the petitioner Society.
34. SSCR No.15 of 2024 filed by the Special
Commissioner, Sabarimala, based on a
representation dated 15.06.2024 filed by the Kerala
Government Medical Officers' Association,
suggesting improvement of infrastructure and other
facilities for medical care during Mandala-
Makaravilakku festival season of 1200ME (2024-25)
is pending consideration before this Court, in which
space constraints for expansion of clinical facilities
in the Government Hospital, Sannidhanam has
pointed out. The building of SAHAS Cardiology
Centre is on the side of the Government Hospital,
Sannidhanam, and the buildings are separated by a
compound wall, which is evident from the
photographs produced by the learned Standing
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Counsel for Travancore Devaswom Board, along
with a memo dated 02.10.2024. In the absence of
any reliable materials placed on record, the action
of the 6th respondent Executive Officer in issuing
Ext.P7 communication dated 07.05.2024, based on
the decision taken in the meeting convened on
02.05.2024 in the Board Headquarters, requiring
the petitioner Society to surrender the building of
SAHAS Cardiology Centre, Sannidhanam, cannot be
said to be either arbitrary or illegal, warranting an
interference of this Court in exercise of the writ
jurisdiction under Article 226 of the Constitution of
India. Considering the fact that the number of
footfall at Sabarimala Sannidhanam during
Mandala-Makaravilakku festival season of 1199ME
(2023-24) was more than 1,00,000 per day, which
had gone up to 1,15,000 per day, as per records, it
is for the Board to take necessary steps, in
consultation with the 2nd respondent Director of
Health Services and the 4th respondent District
Medical Officer (Health) to utilise the building of
SAHAS Cardiology Centre for providing additional
medical facilities by the Health Services
Department, for the Government Hospital,
Sannidhanam by setting up additional ICU beds,
etc. Since there is acute shortage of
accommodation for the Medical Officers and
Paramedical staff posted at the Government
Hospital, Sannidhanam, it is for the Board to
consider the question as to whether the second
floor of the building, which is kept as open space,
as evident from Ext.P24 plan, could be utilised for
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that purpose.
In the above circumstances, we find no reason to
interfere with Ext.P7 communication dated
07.05.2024 issued by the 6th respondent Executive
Officer, Sabarimala based on the decision taken in
the meeting convened in the Board Headquarters
on 02.05.2024. The petitioner is not entitled to any
of the reliefs sought in this writ petition and the
same is accordingly dismissed. Since the petitioner
Society has provided medical equipment and other
infrastructure in the building in question, it is for
the Board to grant reasonable time to the Society
to remove the same from the building in question."
8. As already noticed, the entire medical facilities at the
Government Hospital, Sannidhanam; Government Hospital,
Pamba; Primary Health Centre, Nilakkal; Cardiology
Centre, Neelimala; Cardiology Centre, Appachimedu and
also in the temporary hospitals at Charalmedu and
Karimala, etc., are being provided with the Medical Officers
and Paramedical Staff and Technical Staff of the Health
Services Department posted on special duty. The learned
Senior Government Pleader, on instructions from the 2nd
respondent Director of Health Services and the 4th
respondent District Medical Officer, would submit that
Medical Officers and Paramedical staff have already been
identified for being posted at the Government Hospital,
Sannidhanam; Government Hospital, Pamba; Primary
Health Centre, Nilakkal; Cardiology Centre, Neelimala;
Cardiology Centre, Appachimedu and also in the temporary
hospitals at Charalmedu and Karimala, etc., during the
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Mandala-Makaravilakku festival season of 1200ME (2024-
25), and the first batch of the officers and staff will take
charge on 15.11.2024. In the report dated 28.02.2024 of
the 2nd respondent Director of Health Services various
aspects in providing proper medical facilities to pilgrims
have been pointed out. It is for respondents 1 to 6 to take
necessary steps to ensure proper medical facilities to
Sabarimala pilgrims during Mandala-Makaravilakku festival
season of 1200ME (2024-25). With the above direction,
this SSCR is disposed of."
3. Considering various aspects pointed out in the affidavit
dated 26.07.2024 and report dated 28.10.2024 filed by the
Director of Health Services in SSCR No.15 of 2024, this Court by
the order dated 04.11.2024 directed the Special Commissioner,
Sabarimala, to file a separate report (SSCR) seeking appropriate
directions to ensure proper medical facilities to pilgrims during
Mandala-Makaravilakku festival season of 1200ME (2024-25), for
consideration along with the General Report regarding crowd
management and other aspects.
4. Heard the learned Senior Government Pleader for
respondents 1 to 4, the learned Standing Counsel for Travancore
Devaswom Board for respondents 5 to 7 and also the learned
Amicus Curiae for Special Commissioner, Sabarimala.
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5. The learned Standing Counsel for Travancore
Devaswom Board would submit that the intention of the Board in
issuing the proceedings dated 30.08.2024 is to provide additional
medical support to pilgrims, during Mandala-Makaravilakku
festival season of 1200ME (2024-25).
6. In SSCR No.77 of 2024 filed by the Special
Commissioner, Sabarimala, this Court has passed a detailed
order today (13.11.2024), after considering the report dated
06.11.2024 of the District Medical Officer (Health),
Pathanamthitta, in order to ensure that proper medical facilities
are provided to pilgrims at Sabarimala, during Mandala-
Makaravilakku festival season of 1200ME (2024-25).
7. As noticed in the judgment dated 09.10.2024 in
W.P.(C)No.17716 of 2024, the entire medical facilities at
Sabarimala are being provided with Medical Officers, Paramedical
staff and Technical staff of the Health Services Department, who
are being posted at Government Hospital, Sannidhanam;
Government Hospital, Pamba; Primary Health Centre, Nilakkal;
Cardiology Centre, Neelimala; Cardiology Centre, Appachimedu
and also in the temporary hospitals at Charalmedu and Karimala,
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on special duty, who are under the direct control of the additional
8th respondent District Medical Officer (Health), Pathanamthitta.
In such circumstances, we are of the view that no orders of
this Court are necessary in this report filed by the Special
Commissioner, Sabarimala and the same is accordingly closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
RPR
