Survivors of the Kavalappara landslide sought restoration of their lands or compensation for lost livelihood. The court declined to decide merits, citing expert and policy issues, and directed constitution of a High Level Committee to hear victims and recommend restoration or compensation, with a final Government decision thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 15943 OF 2021
PETITIONERS:
1 KUTTIYALI, AGED 62 YEARS, S/O. KUNHUMAMMATHU HAJI, KOTTAKKARAN HOUSE, MATTANAPPAD, PARAPPUR, MALAPPURAM DISTRICT.2 SANTHAMMA MATHEW, W/O. MATHEW, AGED 65 YEARS, KOTTAKATTETH HOUSE, ASHARIPOTTI, VAZHIKADAVU, MUNDA, MALAPPURAM DISTRICT.3 MARIYAMMA MATHAYI, W/O. MATHAYI V.P., AGED 48 YEARS, VAIDYANPARAMBIL HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.4 KUNHUMON MANKUNNAN, S/O. AYYAPPAN, AGED 65 YEARS, MANKUNNAN HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.5 ABDUL MAJEED C.N., S/O. ABDURAHIMAN, AGED 59 YEARS, CHERUNALAKATH HOUSE, KURUMBILANGODE, ERANAD TALUK, MALAPPURAM DISTRICT.BY ADVS.
C.M.MOHAMMED IQUABAL
ANJALI G.KRISHNAN
P.ABDUL NISHAD
RAIHANATH T.H.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.2 THE SECRETARY TO THE GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.WPC 15943/21 & connected
2
3 THE PRINCIPAL SECRETARY, THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.4 THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM P.O., PIN-676505.5 THE TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR P.O., MALAPPURAM DISTRICT-679329.6 THE VILLAGE OFFICER, POTHUKALLU VILLAGE OFFICER, BHOODAN COLONY P.O., MALAPPURAM DISTRICT-679334.7 THE AGRICULTURAL OFFICER, POTHUKALLU AGRICULTURE OFFICE, BHOODAN COLONY P.O., MALAPPURAM DISTRICT679334.*8 THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001(ADDITIONAL R8 IS SUO MOTU IMPLEADED AS PER THE ORDER DATED 13.07.2022)BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SRI.S.RENJITH, SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C)No.15947/2021, 15952/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 15943/21 & connected
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 15947 OF 2021
PETITIONERS:
1 KUNHANDI PANGOTTIL, AGED 73 YEARS S/O.RAMAN, PANGOTTIL HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.2 SAJI NEDIYAKALYIL, AGED 55 YEARS, S/O.KESHAVAN, NEDIYAKALAYIL HOUE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.3 SANTHAMMA NEDIYAKALAYIL, AGED 70 YEARS W/O.PAPPU, NEDIYAKALAYIL HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.4 SREEVIDYA.V., AGED 36 YEARS, D/O.GOPALAN, VALLIKKATHODI HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.5 VELAYUDHAN.O.P., AGED 65 YEARS, S/O.KARUPPAN, OTTUPARA HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.6 VEERANKUTTY @ BAPPUTTY, AGED 63 YEARS S/O.KUNJALAVI, THENNADAN HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.BY ADVS.
C.M.MOHAMMED IQUABAL
ANJALI G.KRISHNAN
RAIHANATH T.H.
P.ABDUL NISHAD
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENTWPC 15943/21 & connected
4
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.3 THE PRINCIPAL SECRETARY, THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, VIKAS BAHVAN P.O., THIRUVANANTHAPURAM, PIN-695 033.4 THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM P.O., PIN-676 505.5 THE TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN-679 329.6 THE VILLAGE OFFICER, POTHUKALLU VILLAGE, BHOODAN COLONY P.O., MALAPPURAM DISTRICT, PIN-679 334.7 THE AGRICULTURAL OFFICER, POTHUKALLU AGRICULTURE OFFICE, BHOODAN COLONY P.O., MALAPPURAM DISTRICT, PIN-679 334.*8 PRICIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,SECRETARIAT,THIRUVANATHAPURAM-695001 (IS SUO MOTU IMPLEADED AS AN ADDITIONAL RESPONDENT AS PER THE ORDER DATED 13/07/2022)BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SHRI.S.RANJITH – SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C)NO.15943/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 15943/21 & connected
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 15952 OF 2021
PETITIONERS:
1 MURALI BABU.K., AGED 40 YEARS, S/O.KUTTAN, KOTTAYIL HOUSE, BHOODAN COLONY P.O., KUNIPPALA, EDAKKARA, MALAPPURAM DISTRICT.2 JISHA.C.M., AGED 35 YEARS, W/O.MURALI BABU, KOTTAYIL HOUSE, BHOODAN COLONY P.O., KUNIPPALA, EDAKKARA, MALAPPURAM DISTRICT.3 BABU, AGED 63 YEARS, S/O.APPU, KONNAPPARANIRAVIL HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.4 VINESH.P., AGED 49 YEARS, S/O.KUNHANDI PANGOTTIL, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, MALAPPURAM DISTRICT.5 LAKSHMIKUTTY.C., AGED 70 YEARS, W/O.VASUDEVAN.K.M., KALABHAVAN, CHUNKATHARA P.O., MALAPPURAM DISTRICT.BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.2 THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.3 THE PRINCIPAL SECRETARY, THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN-695 033.WPC 15943/21 & connected
6
4 THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM P.O., PIN-676 505.5 THE TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN-679 329.6 THE VILLAGE OFFICER, POTHUKALLU VILLAGE OFFICE, BHOODAN COLONY P.O., MALAPPURAM DISTRICT, PIN-679 334.7 THE AGRICULTURAL OFFICER, POTHUKALLU AGRICULTURE OFFICE, BHOODAN COLONY P.O., MALAPPURAM DISTRICT, PIN-679 334.*8 THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. [ADDL.R8 IS SUO MOTU IMPLEADED AS PER ORDER DATED 13/07/2022 IN WP(C) 15952/2021]BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SHRI. S.RANJITH – SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C)NO.15943/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 15943/21 & connected
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 15964 OF 2021
PETITIONERS:
1 NARAYANAN.K., AGED 65 YEARS, S/O.ALAGIRI, KONDUR HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, NILAMBUR TALUK, MALAPPURAM DISTRICT.2 VIJAYAN, AGED 75 YEARS, S/O.GOVINDAN NAIR, BAGABVATHIPARAMBIL HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, NILAMBUR TALUK, MALAPPURAM DISTRICT.3 ANIL KUMAR K.M., AGED 45 YEARS, S/O MUTHU, KOONUMARE HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, NILAMBUR TALUK, MALAPPURAM DISTRICT.4 USMAN, AGED 54 YEARS, S/O.HASSAN, VADAKKEPPURAM HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, NILAMBUR TALUK, MALAPPURAM DISTRICT.5 SAFIYA N., AGED 50 YEARS, W/O.HASSAN, NEELENGADAN HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, NILAMBUR TALUK, MALAPPURAM DISTRICT.6 NISHA P., AGED 38 YEARS, W/O.BINU D.P., PUTHUPARAMBIL HOUSE, KAVALAPPARA, BHOODAN COLONY P.O., KURUMBILANGODE, NILAMBUR TALUK, MALAPPURAM DISTRICT.BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 0012 THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAMWPC 15943/21 & connected
8
PIN 695 001
3 THE PRINCIPAL SECRETARY, THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM PIN 695 0334 THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM P.O., PIN 676 5055 THE TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN 679 3296 THE VILLAGE OFFICER, POTHUKALLU VILLAGE OFFICE, BHOODAN COLONY P.O., MALAPPURAM DISTRICT, PIN 679 3347 THE AGRICULTURAL OFFICER, POTHUKALLU AGRICULTURE OFFICE, BHOODAN COLONY P.O., MALAPPURAM DISTRICT, PIN 679 334*8 THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. [ADDL.R8 IS SUO MOTU IMPLEADED AS PER ORDER DATED 13/07/2022 IN WP(C) 15964/2022]BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SHRI. S.RANJITH – SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C)NO.15943/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 15943/21 & connected
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 15978 OF 2021
PETITIONERS:
1 DHANYA S., AGED 45 YEARS, D/O. SUDHAKARAN T. V., LAL NIVAS, CHUNKATHARA P. O., MALAPPURAM DISTRICT.2 KRISHNANKUTTY, AGED 65 YEARS, S/O. KUNJU, KODUVATH HOUSE, KAVALAPPARA, BHOODAN COLONY P. O., KURUMBILANGODE, MALAPPURAM DISTRICT.3 SUNITHA, W/O. SUBHASH, DAIVATHINVETTIL HOUSE, KAVALAPPARA, BHOODAN COLONY P. O., KURUMBILANGODE, MALAPPURAM DISTRICT.4 SAINABA, AGED 63 YEARS, W/O. MOHAMMED, POOZHIKUNNAN HOUSE, KAVALAPPARA, BHOODAN COLONY P. O., KURUMBILANGODE, MALAPPURAM DISTRICT.5 INDIRA, AGED 61 YEARS, W/O. SASI, THOTTUPURATH HOUSE, KAVALAPPARA, BHOODAN COLONY P. O., KURUMBILANGODE, MALAPPURAM DISTRICT.BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.2 THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.3 THE PRINCIPAL SECRETARY, THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM, PIN - 695 033.WPC 15943/21 & connected
10
4 THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM P. O., PIN - 676 505.5 THE TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR P. O., MALAPPURAM DISTRICT, PIN - 679 329.6 THE VILLAGE OFFICER, POTHUKALLU VILLAGE OFFICE, BHOODAN COLONY P. O., MALAPPURAM DISTRICT, PIN - 679 334.7 THE AGRICULTURAL OFFICER, POTHUKALLU AGRICULTURE OFFICE, BHOODAN COLONY P. O., MALAPPURAM DISTRICT, PIN - 679 334.*8 THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001. [ADDL.R8 IS IMPLEADED SUO MOTU AS PER ORDER DATED 13/07/2022 IN WP(C) 15978/2021]BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SHRI. S.RANJITH – SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C)NO.15943/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 15943/21 & connected
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 15995 OF 2021
PETITIONERS:
1 VARGHESE, AGED 60 YEARS, S/O GEEVARGHESE, CHERUMIUTTADATHU HOUSE, KAVALAPPARA, BHOODAN COLONY.P.O, KURUMBILANGODE, NILAMBUR TALUK, MALAPPURAM DISTRICT.2 FAISAL, AGED 38 YEARS, S/O.MUHAMMED, ANNARATHODIKA HOUSE, KAVALAPPARA, BHOODAN COLONY.P.O, KURUMBILANGODE, MALAPPURAM DISTRICT.3 CHANDRIKA, AGED 68 YEARS, W/O.GOPALAN, MANGATTUTHODI HOUSE, KAVALAPPARA,BHOODAN COLONY.P.O, KURUMBILANGODE,MALAPPUAM DISTRICT.4 VELAYUDHAN.V, AGED 59 YEARS, S/O.CHERIYARAMAN, VADAKKETHIL HOUSE, KAVALAPPARA, BHOODAN COLONY.P.O, KURUMBILANGODE, MALAPPURAM DISTRICT.5 KARUNAKARAN, AGED 53 YEARS, S/O.GOVINDAN, MOZIKKAL HOUSE, VELLIMADU, KAVALAPPARA, BHOODAN COLONY.P.O, KURUMBILANGODE, MALAPPURAM DISTRICT.6 USMAN.P.T, AGED 50 YEARS, S/O.ALAVI, PULIKKATHODI HOUSE, KAVALAPPARA, BHOODAN COLONY.P.O, KURUMBILANGODE, MALAPPURAM DISTRICT.7 SUBAIDA, AGED 45 YEARS, D/O.MUHAMMED, KOORIMANNIL HOUSE, KAVALAPPARA, BHOODAN COLONY.P.O, KURUMBILANGODE, MALAPPURAM DISTRICTBY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.WPC 15943/21 & connected
12
2 THE SECRETARY TO THE GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.3 THE PRINCIPAL SECRETARY, THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, VIKAS BHVAN.P.O, THIRUVANANTHAPURAM, PIN-695033.4 THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM.P.O, PIN-676505.5 THE TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR.P.O, MALAPPURAM DISTRICT, PIN-679329.6 THE VILLAGE OFFICER, POTHUKALLU VILLAGE OFFICE, BHOODAN COLONY.P.O, MALAPPURAM DISTRICT, PIN-679334.7 THE AGRICULTURAL OFFICER, POTHUKALLU AGRICULTURE OFFICE, BHOODAN COLONY.P.O, MALAPPURAM DISTRICT, PIN-679334.*8 THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 [ADDL.R8 IS SUO MOTU IMPLEADED AS PER COMMON ORDER DATED 13.07.2022 IN WP(C)15995/2021]BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SHRI. S.RANJITH – SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, ALONG WITH WP(C)NO.15943/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 15943/21 & connected
13
CR
JUDGMENT
[WP(C) Nos.15943/2021, 15947/2021, 15952/2021, 15964/2021,
15978/2021, 15995/2021]
The petitioners in these cases are residents of the
‘Kavalappara’ area, which unfortunately suffered a landslide on 08.08.2019, taking away 59 precious lives. The aftermath of the
landslide was not confined to the victims who died, or to their families, but to the survivors who lost their only source of livelihood
– their lands being swallowed by the wallowing debris and sand.
sufficient and that a comprehensive plan will have to be now
14
WPC 15943/21 & connected
thought by the Government, to either restore the lands or to
compensate them appropriately, so that they can live lives as are
guaranteed by the Constitution under Article 21 thereof.
In the nature of the relief sought in these writ
WPC 15943/21 & connected
15
petitions, the Revenue Department is a necessary party. Hence, the Principal Secretary to Government, Revenue Department, Secretariat, Thiruvananthapuram- 695001, is suo motu impleaded as an additional respondent. Learned Special Government Pleader takes notice for the additional respondent.
Learned Special Government Pleader is therefore directed to get specific instructions on the following aspects.
i. The steps so far taken by the Departments concerned for restoring the land to arable/cultivable condition.
ii. The steps taken to rehabilitate the victims of Kavalappara tragedy.
iii. Whether the request of the petitioners, to remove earth, mud and rock from their properties under the supervision of revenue officials, can be permitted, and if not, what alternative can be provided to ensure regular means of livelihood for the petitioners and other similarly placed persons.
Post on 27.07.2022.
WPC 15943/21 & connected
16
following effect:
From the statement filed on behalf of the second and third respondents, it appears that even though the told land area affected by the land slide cannot be re-used for cultivation, the lower reaches can be made cultivable by removing the dumped earth and debris using machines. The officials seems to be under an apprehension that any attempt for levelling the area may trigger a law and order situation, since 11 bodies are still lying buried under ground.
convened at the earliest and at any rate within three weeks. Post on 20.09.2022.
Pleader had informed this Court that the District Collector had
convened a conference, but that no amounts had yet been offered to
the petitioners. This Court, therefore, clarified that the pendency of
17
WPC 15943/21 & connected
these Writ Petitions will not stand in the way of the District Collector taking appropriate action for restoration of the lands or compensation, as the case may be.
18
WPC 15943/21 & connected
Pleader that the District Collector convened a conference, in which
the petitioners were heard; but it is also conceded that no further action was taken thereafter, except by distributing some small benefits, including to the unfortunate families of the deceased. I am, therefore, of the certain view that the Government must now act comprehensively and quickly, so that the fears and apprehensions of the petitioners and their families can be allayed at the earliest.
10. The inviolable requirement for the Government and its machinery concerned to have responded swiftly to the cri de coeur of citizens like the petitioners cannot be lost thought of any at time; and it is, therefore, imperative that every measure as is required and necessary is taken and completed to allay such within the shortest period of time.
11. I, therefore, put it to the learned Special Government Pleader, whether the Government can constitute a High Level Committee with the appropriate Secretary as Chairperson, to which his response was that there is no impediment in doing so; but prayed that this Court leave consideration of all issues to the said Committee, so that they can assess and evaluate every relevant and
WPC 15943/21 & connected
19
germane issue in its proper perspective. He added that the competent
Secretary is the Principal Secretary of the Revenue Department.
12. I am without doubt that the afore suggestions of the
learned Special Government Pleader require to be acceded to.
I, therefore, dispose of these Writ Petitions in the following manner:
a ) I direct the Government to immediately constitute a High Level Committee, chaired by the Principal Secretary of the Revenue Department, along with experts in the field of Geology, Hydrology, Agriculture and Disaster Management. The Committee shall be constituted not later than two months from the date of receipt of a . copy of this judgment
b ) On the Committee being so constituted, each of the petitioners shall be heard, along with others who are similarly situated, if they are so interested; and a final and comprehensive plan to offer support to them – either by restoration of agricultural
land, or by way of appropriate compensation – shall be recommended by them to the Government, within a period of two months thereafter.
20
WPC 15943/21 & connected
c ) On the High Level Committee making such
recommendations, the Government will take a final decision thereon
as per law without any avoidable delay, but not later than three months thereafter.
d ) I reiteratingly clarify that though this Court has not entered into the merits of any of the rival contentions, the assessment of the petitioners’ contentions shall be done dispassionately by the Committee and the Government, adverting to the fact that they are long suffering without any other support in life
and hence deserving empathy of the community at large.
Sd/-
RR
DEVAN RAMACHANDRAN
JUDGE
WPC 15943/21 & connected
21
APPENDIX OF WP(C) 15947/2021
PETITIONER EXHIBITSExhibit P1 |
THE TRUE COPYISSUED BY THEDATED 16.07.20 |
OF THEPOTHUKA18. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
|---|---|---|---|
Exhibit P2 |
THE TRUE COPYNO.162/1988 OF06.06.1988. |
OF THEMANJER |
PURCHASE CERTIFICATEI LAND TRIBUNAL DATED |
Exhibit P3 |
THE TRUE COPYISSUED BY THEDATED 22.09.20 |
OF THEPOTHUKA20. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit P4 |
THE TRUE COPYNO.28/1989 OF16.01.1989. |
OF THEMANJERI |
PURCHASE CERTIFICATELAND TRIBUNAL DATED |
Exhibit P5 |
THE TRUE COPYISSUED BY THEDATED 18.02.20 |
OF THEPOTHUKA21. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit P6 |
THE TRUE COPYISSUED BY THEDATED 23.02.20 |
OF THEPOTHUKA21. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit P7 |
THE TRUE COPYNO.245/1988 ISTRIBUNAL DATED |
OF THESUED BY27.07. |
PURCHASE CERTIFICATEMANJERI LAND1988. |
Exhibit P8 |
THE TRUE COPYNO.29/1989 ISSDATED 16.01.19 |
OF PURCUED BY89. |
HASE CERTIFICATEMAJERI LAND TRIBUNAL |
Exhibit P9 |
THE TRUE COPYISSUED BY POTH09.03.2020. |
OF THEUKALLU |
BASIC TAX RECEIPTVILLAGE OFFICE DATED |
Exhibit P10 |
THE TRUE COPYOF SRO EDAKKAR |
OF THEA DATED |
DOCUMENT NO.3735/199321.08.1993. |
Exhibit P11 |
THE TRUE COPYNO.249/1988 OF27.07.1988. |
OF THEMANJER |
PURCHASE CERTIFICATEI LAND TRIBUNAL DATED |
Exhibit P12 |
THE TRUE COPYISSUED BY THEDATED 26.02.20 |
OF THEPOTHUKA21. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit P13 |
THE TRUE COPYKAVALAPPARA LA |
OF THENDSLIDE |
PHOTOGRAPHS OF. |
Exhibit P14 |
THE TRUE COPYBY MR.DILEEP,POTHUKALLU GRA11.02.2021. |
OF THEMEMBER,MA PANC |
REPRESENTATION FILEDWARD NO.17,HAYATH DATED |
Exhibit P15 |
THE TRUE COPYBY THE PETITIO |
OF THENERS BE |
REPRESENTATION FILEDFORE THE 2ND |
WPC 15943/21 & connected
22
RESPONDENT DATED 12.07.2021.
WPC 15943/21 & connected
23
APPENDIX OF WP(C) 15952/2021
PETITION |
ER EXHIBITS |
|||
|---|---|---|---|---|
Exhibit |
P1 |
THE TRUE COPYISSUED BY THEDATED 24.06.20 |
OF THEPOTHUKA21. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P2 |
THE TRUE COPYISSUED BY THEDATED 24.06.20 |
OF THEPOTHUKA21. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P3 |
THE TRUE COPYISSUED BY THEDATED 01.06.20 |
OF THEPOTHUKA20. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P4 |
THE TRUE COPYISSUED BY THEDATED 11.05.20 |
OF THEPOTHUKA17. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P5 |
THE TRUE COPYISSUED BY THEDATED 11.05.20 |
OF THEPOTHUKA17. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P6 |
THE TRUE COPYISSUED BY THEDATED 19.02.20 |
OF THEPOTHUKA21. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P7 |
THE TRUE COPYKAVALAPPARA LA |
OF THENDSLIDE |
PHOTOGRAPHS OF. |
Exhibit |
P8 |
THE TRUE COPYBY DILEEP, MEMGRAMA PANCHAYA |
OF THEBER, WATH DATE |
REPRESENTATION FILEDRD NO.17, POTHUKALLUD 11.02.2021. |
Exhibit |
P9 |
THE TRUE COPYBY PETITIONERSDATED 12.07.20 |
OF THEBEFORE21. |
REPRESENTATION FILEDTHE 2ND RESPONDENT |
WPC 15943/21 & connected
24
APPENDIX OF WP(C) 15964/2021
PETITION |
ER EXHIBITS |
|||
|---|---|---|---|---|
Exhibit |
P1 |
THE TRUE COPYISSUED BY THEDATED 23.11.20 |
OF THEPOTHUKA20 |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P2 |
THE TRUE COPYNO.566/1990 OF20.7.1990 |
OF THEMANJER |
PURCHASE CERTIFICATEI LAND TRIBUNAL DATED |
Exhibit |
P3 |
THE TRUE COPYISSUED BY THEDATED 7.6.2021 |
OF THEPOTHUKA |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P4 |
THE TRUE COPYISSUED BY THEDATED 28.9.202 |
OF THEPOTHUKA0 |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P5 |
THE TRUE COPYISSUED BY THEDATED 5.10.201 |
OF THEPOTHUKA9 |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P6 |
THE TRUE COPYISSUED BY THEDATED 2.2.2019 |
OF THEPOTHUKA |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P7 |
THE TRUE COPYISSUED BY THEDATED 22.2.201 |
OF THEPOTHUKA9 |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P8 |
TRUE COPY OF TKAVALAPPARA LA |
HE PHOTNDSIDE |
OGRAPHS OF |
Exhibit |
P9 |
THE TRUE COPYBY DILEEP, MEMGRAMA PANCHAYA |
OF THEBER, WATH, DAT |
REPRESENTATION FILEDRD NO.17, POTHUKALLUED 11.2.2021 |
Exhibit |
P10 |
THE TRUE COPYBY PETITIONERSDATED 12.7.202 |
OF THEBEFORE1 |
REPRESENTATION FILEDTHE 2ND RESPONDENT |
WPC 15943/21 & connected
25
APPENDIX OF WP(C) 15978/2021
PETITIO |
NER EXHIBITS |
||||
|---|---|---|---|---|---|
Exhibit |
P1 |
THE TRUEISSUED BYDATED 16. |
COPYTHE06.20 |
OF THEPOTHUKA20. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P2 |
THE TRUENO.246/1927.07.198 |
COPY88 OF8. |
OF THEMANJER |
PURCHASE CERTIFICATEI LAND TRIBUNAL DATED |
Exhibit |
P3 |
THE TRUEISSUED BYDATED 13. |
COPYTHE05.20 |
OF THEPOTHUKA20. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P4 |
THE TRUEOF SRO ED |
COPYAKKAR |
OF THEA DATED |
DOCUMENT NO.2557/201302.05.2013. |
Exhibit |
P5 |
THE TRUEISSUED BYDATED 28. |
COPYTHE07.20 |
OF THEPOTHUKA20. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P6 |
THE TRUEISSUED BYDATED 11. |
COPYTHE02.20 |
OF THEPOTHUKA20. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P7 |
THE TRUEISSUED BYTHE NAMEDATED 26. |
COPYTHEOF MO10.20 |
OF POSSPOTHUKAHAMMED,15. |
ESSION CERTIFICATELLU VILLAGE OFFICE INS/O. AHAMMEDKUTTY |
Exhibit |
P8 |
THE TRUEISSUED BYDATED 27. |
COPYTHE07.20 |
OF THEPOTHUKA20. |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P9 |
THE TRUEKAVALAPPA |
COPYRA LA |
OF THENDSLIDE |
PHOTOGRAPHS OF. |
Exhibit |
P10 |
THE TRUEBY DILEEPGRAMA PAN |
COPY, MEMCHAYA |
OF THEBER, WATH DATE |
REPRESENTATION FILEDRD NO.17, POTHUKALLUD 11.02.2021. |
Exhibit |
P11 |
THE TRUEBY THE PERESPONDEN |
COPYTITIOT DAT |
OF THENERS BEED 12.0 |
REPRESENTATION FILEDFORE THE 2ND7.2021. |
WPC 15943/21 & connected
26
APPENDIX OF WP(C) 15995/2021
PETITION |
ER EXHI |
BITS |
|
|---|---|---|---|
Exhibit |
P1 |
THE TRUE COPYISSUED BY THEDATED 3.8.2020 |
OF THE BASIC TAX RECEIPTPOTHUKALLU VILLAGE OFFICE |
Exhibit |
P2 |
THE TRUE COPYISSUED BY THEDATED 9.10.201 |
OF THE BASIT TAX RECEIPTPOTHUKALLU VILLAGE OFFICE8 |
Exhibit |
P3 |
THE TRUE COPYISSUED BY THEDATED 13.5.202 |
OF THE BASIC TAX RECEIPTPOTHUKALLU VILLAGE OFFICE0 |
Exhibit |
P4 |
TRUE COPY OF PNO.1003/1990 ODATED 18.12.19 |
URCHASE CERTIFICATEF MANJERI LAND TRIBUNAL90 |
Exhibit |
P5 |
TRUE COPY OF BTHE POTHAKALLU12.4.2021 |
ASIC TAX RECEIPT ISSUED BYVILLAGE OFFICE DATED |
Exhibit |
P6 |
THE TRUE COPYBY THE POTHUKA8.4.2019 |
OF BASIC TAX RECEILPT ISSUEDLLU VILLAGE OFFICE DATED |
Exhibit |
P7 |
THE TRUE COPYBY THE POTHUKA1.1.2015 |
OF BASIT TAX RECEPT ISSUEDLLU VILLAGE OFFICE DATED |
Exhibit |
P8 |
THE TRUE COPYKAVALAPPARA LA |
OF THE PHOOTOGRAPHS OFNDSLIDE |
Exhibit |
P9 |
THE TRUE COPYBY DILEEP, MAMGRAMA PANCHAYA |
OF THE REPRESENTATION FILEDBER,WARD NO.17,POTHUKALLUTH DATED 11.2.2021 |
Exhibit |
P10 |
THE TRUE COPYBY PETITIONERSDATED 12.7.202 |
OF THE REPRESENTATION FILEDBEFORE THE 2ND RESPONDENT1 |
WPC 15943/21 & connected
27
APPENDIX OF WP(C) 15943/2021
PETITION |
ER EXHI |
BITS |
||||
|---|---|---|---|---|---|---|
Exhibit |
P1 |
THE TRUEISSUED BYDATED 05/ |
COPYTHE07/20 |
OFPOT21. |
THEHUKA |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P2 |
THE TRUEISSUED BYDATED 05/ |
COPYTHE07/20 |
OFPOT21. |
THEHUKA |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P3 |
THE TRUEISSUED BYDATED 16/ |
COPYTHE04/20 |
OFPOT21. |
THEHUKA |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P4 |
THE TRUEISSUED BYDATED 19/ |
COPYTHE05/20 |
OFPOT20. |
THEHUKA |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P5 |
THE TRUEISSUED BYDATED 04/ |
COPYTHE06/20 |
OFPOT20. |
THEHUKA |
BASIC TAX RECEIPTLLU VILLAGE OFFICE |
Exhibit |
P6 |
THE TRUEPOTHUKALLPETITIONE |
COPYU VILR DAT |
OFALGED |
THEE OF17/0 |
CERTIFICATE ISSUED BYFICE TO 4TH7/2020. |
Exhibit |
P7 |
THE TRUEPOTHUKALLPETITIONE |
COPYU VILR DAT |
OFLAGED |
THEE OF17/0 |
CERTIFICATE ISSUED BYFICE TO 5TH7/2020. |
Exhibit |
P8 |
THE TRUEKAVALAPPA |
COPYRA LA |
OFNDS |
THELIDE |
PHOTOGRAPHS OF. |
Exhibit |
P9 |
THE TRUEBY DILEEPGRAMA PAN |
COPY, MEMCHAYA |
OFBERTH |
THE, WADATE |
REPRESENTATION FILEDRD NO.17, POTHUKALLUD 11/02/2021. |
Exhibit |
P10 |
THE TRUEBY PETITIDATED 12/ |
COPYONERS07/20 |
OFBE21. |
THEFORE |
REPRESENTATION FILEDTHE 2ND RESPONDENT |
1 issue framed by the court
Whether the Government must restore lands destroyed in the Kavalappara landslide or adequately compensate the petitioners for loss of land and crops.
1 provisions across 1 enactments
KUTTIYALI
SANTHAMMA MATHEW
MARIYAMMA MATHAYI
KUNHUMON MANKUNNAN
ABDUL MAJEED C.N.
STATE OF KERALA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court