IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 DBA.No. 18 of 2011() ------------------------------ ( IN THE MATTER OF TRAVANCORE DEVASWOM BOARD- REGARDING PAYMENT OF COMPENSATION TO THE LEGAL HEIRS OF VICTIMS IN PULLUMEDU DISASTER) ........ PETITIONER (S): ----------------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, TDB, NANTHANKODE, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC,TDB RESPONDENT(S): ------------------------ DEPUTY DIRECTOR OF LOCAL FUND ACCOUNTS, TDB, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. R. LAKSHMI NARAYANAN THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ----------------------------------- D.B.A.No.18 OF 2011 ------------------------------------ Dated this the 9th day of February, 2011 O R D E R Thottathil B.Radhakrishnan,J. 1.In this application, the Travancore Devaswom Board states that the Government have decided to pay Rs.2.5 lakhs each as compensation to the dependents of those who died in the stampede at Pullumedu on 14.1.2011 and the TDB has acceded to the request of the Government to pay a further amount of Rs.2.5 lakhs each to the those families. The TDB has decided to make such payment taking note of the moral obligation on its part to provide financial assistance to the families of those deceased pilgrims. 2.While we notice the decision of the TDB to pay Rs.2.5 lakhs each to the dependents of the deceased pilgrims, it is also appropriate for the Board to consider ways and means to constitute a Fund under its control so that the public could contribute to the said Fund which will have transparency DBA.18/11 2 and would be subject to audit under the control of the Local Fund Audit and the High Court. The existence of such a Fund would motivate the huge sector of kind hearted Indians who have shown enormous support to the unfortunate victims of the tragedy in Pullumedu. We, therefore, direct the Board to immediately consider this matter also and take a policy decision in that regard and if the Board concludes to have such a Fund, let it be constituted without fail, within a period of three weeks and let that Fund be given adequate publicity so that the public could contribute generously to back up the effort taken by the Board for the compensatory support that is being extended as stated in the affidavit accompanying this application and also for creating a corpus fund for providing support in the event of any unfortunate calamity in future, as also to provide support by way of medical assistance and other modes of support, even otherwise, as may be necessary for the devotees in general, subject to the decision of the Board. It will also appropriate that the Board DBA.18/11 3 considers the constitution of an in-house body to administer the said Fund so that the matter could be treated as a separate wing under the Board and decisions can be taken by such body in relation to that Fund. 3.With the aforesaid, we grant sanction for the TDB to pay from the TDB fund, Rs.2.5 lakhs each to the dependents of each of the 102 pilgrims who have lost their life in the stampede at Pullumedu. Let the payment be made immediately. The Board shall file a detailed statement classifying the amounts paid, the person to whom it is paid and the identity of the victim in relation to whom such payment is made. Such tabular statement shall be filed within a period of one month. The DBA is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.9/2.