ORDER : Anil K. Narendran, J The Special Commissioner, Sabarimala, has filed this report regarding bio-toilet and bio-urinal facilities enroute Sabarimala Sannidhanam. In the report of the Special Commissioner it is stated that there are permanent toilet facilities in Pampa, Nilakkal and Sannidhanam. The basic necessity of pilgrims along the trekking path to Sabarimala are met by 5 bio-urinals and 5 bio-toilets installed by the High Power Committee and operated by the Travancore Devaswom Board. The operation, maintenance and upkeep of the bio-toilets and bio-urinals are outsourced to 9th respondent Indian Centrifuge Engineering Solutions Pvt. Ltd., at the rate of Rs.714.825 per day for bio-urinals and Rs.571.4 per day for bio-toilets. The 8th respondent Assistant Engineer in the Environment Wing of the Travancore Devaswom Board is the implementing officer, who supervise the operation and maintenance of bio-toilets and bio-urinals, which work on anaerobic bacterial degradation, where particulate matter is converted to gases like methane, carbon dioxide and water. Defence Research and Development Organisation certified inoculum is being used in these bio-toilets and bio-urinals. Due to the rise in number of pilgrims and high input in bio-toilets, within a short span of time, a foul smell comes from bio-toilets due to lack of time to complete the bio-degradation process. This issue can be resolved by installing more bio-toilets and bio-urinals along the trekking path and ensuring its proper operation, maintenance and upkeep. The 3rd respondent Executive Officer, Sabarimala conveyed to the Special Commissioner that a devotee was willing to sponsor bio-urinals and bio-toilets for the use of pilgrims. However, the proposal did not fructify. Suchithwa Mission has liquid waste management experts, who can advise the Board in this regard. The 3rd respondent Executive Officer, Sabarimala conveyed to the Special Commissioner that a devotee was willing to sponsor bio-urinals and bio-toilets for the use of pilgrims. However, the proposal did not fructify. Suchithwa Mission has liquid waste management experts, who can advise the Board in this regard. In such circumstances, the Special Commissioner filed this SSCR, seeking the following orders; (i) to direct the Travancore Devaswom Board to install more bio-toilets and bio-urinals either by purchasing the same or by sponsorship basis; (ii) to direct the Board to consider the feasibility of operation, maintenance and upkeep of bio-toilets and bio-urinals by the Environment Wing of the Board directly or by outsourcing under supervision of Environment Wing; (iii) to direct Suchithwa Mission to conduct feasibility study of the working of bio-toilets and bio-urinals enroute Sabarimala and suggest methods of operation, maintenance and upkeep of the same, to improve the quality; (iv) to direct the Forest Department and the authorities of Periyar Tiger Reserve to co-ordinate and cooperate with the Board for installation of bio-urinals, bio-toilets along trekking path. 2. On 07.04.2022, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader for the official respondents sought time to get instructions and file statement. 3. The learned Standing Counsel for Travancore Devaswom Board has filed a statement on behalf of respondents 2 to 4, wherein it is stated that the bio-toilets provided along the trekking path from Pamba to Sabarimala were installed in the year 2013, as per the directions of the High Power Committee for the implementation of Sabarimala Master Plan. Defence Research and Development Organisation certified inoculum is being used in these bio-toilets. The sanctioned rate for the operation of bio-toilets and bio-urinals was fixed by the High Power Committee in 2013. Still, that rate is taken for tender procedure. The total number of bio-urinals (gents) placed along the trekking path from Pamba to Sabarimala is 8, out of which 3 are placed between Pamba Bus Stand and Triveni and the remaining 5 are placed between Marakkoottam and Sannidhanam. 5 bio-toilets (ladies) are also placed in between Marakkoottam and Sannidhanam. Still, that rate is taken for tender procedure. The total number of bio-urinals (gents) placed along the trekking path from Pamba to Sabarimala is 8, out of which 3 are placed between Pamba Bus Stand and Triveni and the remaining 5 are placed between Marakkoottam and Sannidhanam. 5 bio-toilets (ladies) are also placed in between Marakkoottam and Sannidhanam. The estimate for the operation and cleaning of bio-toilets and bio-urinals during the temple opening days of March, 2022 was prepared based on the sanctioned rate of Rs.714.825 per bio-urinal per day and Rs.571.428 per bio-toilet per day for 11 days and placed before the Executive Engineer for tender process. The work has been arranged with an estimated amount of Rs.95,000/- and the 9th respondent executed the work properly. The work was supervised by the 8th respondent Assistant Engineer in the Environment Wing of the Board throughout the temple opening days. The work carried out by the 9th respondent was found satisfactory. The number of bio-urinals placed along the trekking path is very less compared to the number of pilgrims per day. Hence chances of open urination in these areas are very high. 4. A statement has been filed by the 7th respondent Deputy Director, Periyar West Division, wherein it is stated that, as compared to the permanent toilets, bio-toilets are environment-friendly, which reduce sewage problems and also water consumption. Bio-toilets use microbial technology to degrade human waste quickly and efficiently with no adverse impact on the ecosystem. Construction of new permanent toilets along the trekking path may affect the movement of pilgrims and also the aesthetic beauty of the trekking route passing through Periyar Tiger Reserve. Instead of constructing permanent toilets along the trekking path, bio-toilets are more feasible and eco-friendly. The Board can install bio-toilets along the trekking path from Pampa to Sannidhanam, in consultation with Suchithwa Mission in the land allotted to the Board by the Forest Department, without disturbing the forest and wildlife. The Board may impose strict supervision on the cleaning, maintenance and regular upkeep of the bio-toilets installed along the trekking path from Pampa to Sannidhanam. The Board may ensure that no waste materials from bio-toilets are deposited in the forest and that, bio-toilet system is not causing any damage to the forest and wildlife in Periyar Tiger Reserve. The Board may impose strict supervision on the cleaning, maintenance and regular upkeep of the bio-toilets installed along the trekking path from Pampa to Sannidhanam. The Board may ensure that no waste materials from bio-toilets are deposited in the forest and that, bio-toilet system is not causing any damage to the forest and wildlife in Periyar Tiger Reserve. The Forest Department is co-operating with the Board and other agencies in all the activities at Sabarimala for making ‘Poomkavanam’ clean and environment friendly. 5. Heard the learned Senior Government Pleader for the 1st respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2, 3 and 4 and for additional 10th respondent Executive Engineer, Sabarimala Development Project and also the learned Amicus Curiae for the Special Commissioner, Sabarimala. 6. The issue involved in this report pertains to bio-toilets and bio-urinals enroute to Sabarimala Sannidhanam. As per the report of the Special Commissioner, due to the rise in number of pilgrims and high input in the bio-toilets, within a short span of time, a foul smell comes from bio-toilets due to lack of time to complete the bio-degradation process, which can be resolved by installing more number of bio-toilets and bio-urinals along the trekking route and ensuring its proper operation, maintenance and upkeep. 7. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. As per Section 15A of the Act, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. 8. 8. As per Section 24 of the Act, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational uplift, social and cultural advancement and economic betterment of the Hindu community. As per Section 31 of the Act, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated, and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 9. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. In view of the provisions under Section 15A(iv) of the Act, the Board is duty bound to establish and maintain proper facilities in Sabarimala for the devotees. In view of the provisions under Section 31 of the Act, the Board is duty bound to make proper arrangements for the conduct of daily worship and ceremonies and of the festivals in Sabarimala, according to its usage. Unlike other temples in Kerala, Sabarimala is situated in a difficult forest terrain, which is prone to natural disasters. Therefore, the Board, in discharge of its statutory duty under Section 15A(iv) of the Act, has to provide sufficient number of bio-toilets and bio-urinals along the trekking path from Pampa to Sannidhanam and ensure its proper operation, maintenance and upkeep. 10. The basic necessity of pilgrims along the trekking path to Sabarimala are met by bio-urinals and bio-toilets installed by the High Power Committee. There are permanent toilet facilities in Pampa, Nilakkal and Sannidhanam. The operation, maintenance and upkeep of the bio-toilets and bio-urinals are outsourced by the Travancore Devaswom Board. The 8th respondent Assistant Engineer is the implementing officer, who supervise the operation and maintenance of bio-toilets and bio-urinals, which work on anaerobic bacterial degradation. 11. There are permanent toilet facilities in Pampa, Nilakkal and Sannidhanam. The operation, maintenance and upkeep of the bio-toilets and bio-urinals are outsourced by the Travancore Devaswom Board. The 8th respondent Assistant Engineer is the implementing officer, who supervise the operation and maintenance of bio-toilets and bio-urinals, which work on anaerobic bacterial degradation. 11. As per the report of the Special Commissioner, due to the rise in number of pilgrims and high input in bio-toilets, within a short span of time, a foul smell comes from bio-toilets due to lack of time to complete the bio-degradation process. This issue can be resolved by installing more bio-toilets and bio-urinals along the trekking path and ensuring its proper operation, maintenance and upkeep. The Special Commissioner has reported that, Suchithwa Mission has liquid waste management experts, who can advise the Travancore Devaswom Board in this regard. As conveyed by the 3rd respondent Executive Officer, Sabarimala, the Special Commissioner has reported that a devotee was willing to sponsor bio-urinals and bio-toilets for the use of pilgrims. However, the proposal did not fructify. 12. As per the statement filed on behalf of respondents 2 to 4, the bio-toilets provided along the trekking path from Pamba to Sabarimala were installed in the year 2013, as per the directions of the High Power Committee for the implementation of Sabarimala Master Plan. The operation, maintenance and upkeep of bio-toilets and bio-urinals are being supervised by the 8th respondent Assistant Engineer, throughout the temple opening days. Since the number of bio-urinals placed along the trekking path is very less compared to the number of pilgrims per day, the chances of open urination in these areas are very high. 13. The stand taken in the statement filed by the 7th respondent Deputy Director, Periyar West Division is that, as compared to the permanent toilets, bio-toilets are environment-friendly, which reduce sewage problem and also water consumption, which use microbial technology to degrade human waste quickly and efficiently with no adverse impact on the ecosystem. The Board can install bio-toilets along the trekking path from Pampa to Sannidhanam, in the land allotted by the Forest Department, in consultation with Suchithwa Mission, without disturbing the forest and wildlife in Periyar Tiger Reserve, with strict supervision by the Board on the cleaning, maintenance and regular upkeep of the bio-toilets. 14. The Board can install bio-toilets along the trekking path from Pampa to Sannidhanam, in the land allotted by the Forest Department, in consultation with Suchithwa Mission, without disturbing the forest and wildlife in Periyar Tiger Reserve, with strict supervision by the Board on the cleaning, maintenance and regular upkeep of the bio-toilets. 14. The fact that sufficient number of bio-urinals and bio-toilets are not provided along the trekking path from Pampa to Sannidhanam is not in serious dispute. It is also not in dispute that, due to the rise in number of pilgrims and high input in bio-toilets, within a short span of time, a foul smell comes from bio-toilets due to lack of time to complete the bio-degradation process. As stated in the report of the Special Commissioner, this issue can be resolved by installing more number of bio-toilets and bio-urinals along the trekking path and ensuring its proper operation, maintenance and upkeep. Therefore, the Travancore Devaswom Board, in discharge of its statutory duty under Section 15A(iv) of the Act, has to provide sufficient number of bio-toilets and bio-urinals along the trekking path from Pampa to Sannidhanam and ensure its proper operation, maintenance and upkeep. The Travancore Devaswom Board shall ascertain whether any devotee is willing to sponsor bio-urinals and bio-toilets for the use of pilgrims, as conveyed to the Special Commissioner by the 3rd respondent Executive Officer, Sabarimala. 15. In such circumstances, this SSCR is disposed of by directing the 2nd respondent Travancore Devaswom Board to submit a proposal before the High Power Committee for the implementation of Sabarimala Master Plan, within three weeks from the date of receipt of a certified copy of this order, for providing sufficient number of bio-toilets and bio-urinals along the trekking path from Pampa to Sannidhanam and to ensure its proper operation, maintenance and upkeep. The High Power Committee shall consider the proposal made by the 2nd respondent Board and take an appropriate decision in the matter, as expeditiously as possible, after ascertaining the views of the Board, the 7th respondent Deputy Director, Periyar West Division, and also experts from Suchithwa Mission. The 8th respondent Assistant Engineer in the Environment Wing of the Travancore Devaswom Board shall supervise the operation, maintenance and upkeep of bio-toilets and bio-urinals, throughout the temple opening days. The 8th respondent Assistant Engineer in the Environment Wing of the Travancore Devaswom Board shall supervise the operation, maintenance and upkeep of bio-toilets and bio-urinals, throughout the temple opening days. In case of any shortfall, the 8th respondent shall report the matter to the concerned Executive Engineer, so as to enable the Broad to take necessary action. If the situation warrants, the matter shall also be reported to the Special Commissioner, Sabarimala, so as to enable him to file report before this Court seeking appropriate orders.