Kerala High Court
Narayanan.K vs State Of Kerala on 1 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
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 DISTRICT-
679334.
*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, GOVERNMENT
WPC 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 695 001
2 THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
WPC 15943/21 & connected
8
PIN 695 001
3 THE PRINCIPAL SECRETARY, THE KERALA STATE DISASTER
MANAGEMENT AUTHORITY, VIKAS BHAVAN 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 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) 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, THIRUVANANTHAPURAM-
695 001.
[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 DISTRICT
BY 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.
2. The petitioners thus pray that the respondents be directed
either to restore their lands to the original position, so that
agricultural operations can be resumed; or that they by sufficiently
compensated for loss of the crops and land. They assert that they are
now left without any succour, though some attempts had been made
by the Government in the past and even pending these matters, to
hear them and offer small benefits. They contend that this is not
sufficient and that a comprehensive plan will have to be now
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.
3. Sri.S.Ranjith - learned Special Government Pleader, in
response, submitted that, as evident from the various orders issued
by this Court earlier, the District Collector had heard the parties and
suggested various remedial measures; but that none of them wanted
restoration of land, but only compensation. He submitted that,
therefore, the Government will have to consider the matter in a
comprehensive and holistic manner, so that all rival interests and
issued - including the geological effect of any attempt to restore the
lands - can be studied and dealt with. He prayed that this Court
may not make any affirmative declarations with respect to the
petitioners' claims and leave it to be decided by the competent
Authority of the Government.
4. I notice from the files that, when this matter was
considered on 13.07.2022, a learned Judge of this Court had issued
the following order:
In the nature of the relief sought in these writ
WPC 15943/21 & connected
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.
2. These Writ Petitions project the sad plight of the
victims of Kavalappara landslide. The tragic incident had
taken place on 08.08.2019, snuffing life out of 59 persons,
who got buried under layers of mud and rock. Along with
the innocent lives, livelihood of the survivors was also
plucked away, as it became impossible to carry out
agricultural operations in their land.
3. Although some rehabilitation measures have been
taken by the Government, nothing is done to restore the
land to its original condition. Strangely, in spite of posting
these Writ Petitions repeatedly for ascertaining Government's
the views, specific instructions are also not forthcoming.
There cannot be any further vacillation in this matter.
4. Learned Counsel for the petitioners submitted that,
if the Government is reluctant to act, the petitioners may be
permitted to remove the earth and mud from their
properties using machinery, so as to facilitate minimum
agricultural operations.
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.
5. Thereafter, another order was issued on 24.08.2022 to the
WPC 15943/21 & connected
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.
2. Learned Counsel for the petitioner asserts that
there will not be any law and order situation at this point of
time, since on the earlier occasion, the local people were
having the impression that sufficient measures for recovery of
the bodies were not being taken by the officials.
3. Having heard the learned Special Government
Pleader also, I am of the opinion that an attempt should be
made to resolve the disputes, if any subsisting, and make the
maximum extent of land cultivable.
4. Hence, the District Collector, Malappuram is
directed to convene a meeting of the representatives of the
displaced persons, including family members of the persons
whose bodies could not be recovered, for working out the
possibility of removing the earth and debris from the lower
reaches of Kavalappara hills, so as to resume agricultural
operations.
5. The meeting, as suggested above, shall be
convened at the earliest and at any rate within three weeks.
Post on 20.09.2022.
6. Finally, on 12.04.2023, the learned Special Government
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
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.
7. However, the submissions made at the Bar today,
juxtaposed by the pleadings on record, would render it indubitable
that a decision regarding the restoration of lands is not easy as it
seems because the chances of a further catastrophe on account of
fresh landslides, if attempts are made to restore the lands, cannot be
ruled out. Pertinently, the pleadings on behalf of the respondents
also indicate that, not all the dead bodies have yet been exhumed
and that any irresponsible attempt to level or restore the lands
would create other serious consequences.
8. It is, therefore, perspicuous that it will not be within the
province of this Court to consider the merits of any of the
contentions in these Writ Petitions because, it involves very serious
and deep-set issues relating to policy, as also to the actions that are
required, which can be decided and done only by experts.
9. As matters now stand, as I have already said above, this
Court has only been informed by the learned Special Government
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
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.
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
APPENDIX OF WP(C) 15947/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 16.07.2018.
Exhibit P2 THE TRUE COPY OF THE PURCHASE CERTIFICATE
NO.162/1988 OF MANJERI LAND TRIBUNAL DATED
06.06.1988.
Exhibit P3 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 22.09.2020.
Exhibit P4 THE TRUE COPY OF THE PURCHASE CERTIFICATE
NO.28/1989 OF MANJERI LAND TRIBUNAL DATED
16.01.1989.
Exhibit P5 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 18.02.2021.
Exhibit P6 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 23.02.2021.
Exhibit P7 THE TRUE COPY OF THE PURCHASE CERTIFICATE
NO.245/1988 ISSUED BY MANJERI LAND
TRIBUNAL DATED 27.07.1988.
Exhibit P8 THE TRUE COPY OF PURCHASE CERTIFICATE
NO.29/1989 ISSUED BY MAJERI LAND TRIBUNAL
DATED 16.01.1989.
Exhibit P9 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY POTHUKALLU VILLAGE OFFICE DATED
09.03.2020.
Exhibit P10 THE TRUE COPY OF THE DOCUMENT NO.3735/1993
OF SRO EDAKKARA DATED 21.08.1993.
Exhibit P11 THE TRUE COPY OF THE PURCHASE CERTIFICATE
NO.249/1988 OF MANJERI LAND TRIBUNAL DATED
27.07.1988.
Exhibit P12 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 26.02.2021.
Exhibit P13 THE TRUE COPY OF THE PHOTOGRAPHS OF
KAVALAPPARA LANDSLIDE.
Exhibit P14 THE TRUE COPY OF THE REPRESENTATION FILED
BY MR.DILEEP, MEMBER, WARD NO.17,
POTHUKALLU GRAMA PANCHAYATH DATED
11.02.2021.
Exhibit P15 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONERS BEFORE THE 2ND
WPC 15943/21 & connected
RESPONDENT DATED 12.07.2021.
WPC 15943/21 & connected
APPENDIX OF WP(C) 15952/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 24.06.2021.
Exhibit P2 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 24.06.2021.
Exhibit P3 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 01.06.2020.
Exhibit P4 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 11.05.2017.
Exhibit P5 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 11.05.2017.
Exhibit P6 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 19.02.2021.
Exhibit P7 THE TRUE COPY OF THE PHOTOGRAPHS OF
KAVALAPPARA LANDSLIDE.
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION FILED
BY DILEEP, MEMBER, WARD NO.17, POTHUKALLU
GRAMA PANCHAYATH DATED 11.02.2021.
Exhibit P9 THE TRUE COPY OF THE REPRESENTATION FILED
BY PETITIONERS BEFORE THE 2ND RESPONDENT
DATED 12.07.2021.
WPC 15943/21 & connected
APPENDIX OF WP(C) 15964/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 23.11.2020
Exhibit P2 THE TRUE COPY OF THE PURCHASE CERTIFICATE
NO.566/1990 OF MANJERI LAND TRIBUNAL DATED
20.7.1990
Exhibit P3 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 7.6.2021
Exhibit P4 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 28.9.2020
Exhibit P5 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 5.10.2019
Exhibit P6 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 2.2.2019
Exhibit P7 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 22.2.2019
Exhibit P8 TRUE COPY OF THE PHOTOGRAPHS OF
KAVALAPPARA LANDSIDE
Exhibit P9 THE TRUE COPY OF THE REPRESENTATION FILED
BY DILEEP, MEMBER, WARD NO.17, POTHUKALLU
GRAMA PANCHAYATH, DATED 11.2.2021
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION FILED
BY PETITIONERS BEFORE THE 2ND RESPONDENT
DATED 12.7.2021
WPC 15943/21 & connected
APPENDIX OF WP(C) 15978/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 16.06.2020.
Exhibit P2 THE TRUE COPY OF THE PURCHASE CERTIFICATE
NO.246/1988 OF MANJERI LAND TRIBUNAL DATED
27.07.1988.
Exhibit P3 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 13.05.2020.
Exhibit P4 THE TRUE COPY OF THE DOCUMENT NO.2557/2013
OF SRO EDAKKARA DATED 02.05.2013.
Exhibit P5 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 28.07.2020.
Exhibit P6 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 11.02.2020.
Exhibit P7 THE TRUE COPY OF POSSESSION CERTIFICATE
ISSUED BY THE POTHUKALLU VILLAGE OFFICE IN
THE NAME OF MOHAMMED, S/O. AHAMMEDKUTTY
DATED 26.10.2015.
Exhibit P8 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 27.07.2020.
Exhibit P9 THE TRUE COPY OF THE PHOTOGRAPHS OF
KAVALAPPARA LANDSLIDE.
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION FILED
BY DILEEP, MEMBER, WARD NO.17, POTHUKALLU
GRAMA PANCHAYATH DATED 11.02.2021.
Exhibit P11 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT DATED 12.07.2021.
WPC 15943/21 & connected
APPENDIX OF WP(C) 15995/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 3.8.2020
Exhibit P2 THE TRUE COPY OF THE BASIT TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 9.10.2018
Exhibit P3 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 13.5.2020
Exhibit P4 TRUE COPY OF PURCHASE CERTIFICATE
NO.1003/1990 OF MANJERI LAND TRIBUNAL
DATED 18.12.1990
Exhibit P5 TRUE COPY OF BASIC TAX RECEIPT ISSUED BY
THE POTHAKALLU VILLAGE OFFICE DATED
12.4.2021
Exhibit P6 THE TRUE COPY OF BASIC TAX RECEILPT ISSUED
BY THE POTHUKALLU VILLAGE OFFICE DATED
8.4.2019
Exhibit P7 THE TRUE COPY OF BASIT TAX RECEPT ISSUED
BY THE POTHUKALLU VILLAGE OFFICE DATED
1.1.2015
Exhibit P8 THE TRUE COPY OF THE PHOOTOGRAPHS OF
KAVALAPPARA LANDSLIDE
Exhibit P9 THE TRUE COPY OF THE REPRESENTATION FILED
BY DILEEP, MAMBER,WARD NO.17,POTHUKALLU
GRAMA PANCHAYATH DATED 11.2.2021
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION FILED
BY PETITIONERS BEFORE THE 2ND RESPONDENT
DATED 12.7.2021
WPC 15943/21 & connected
APPENDIX OF WP(C) 15943/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 05/07/2021.
Exhibit P2 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 05/07/2021.
Exhibit P3 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 16/04/2021.
Exhibit P4 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 19/05/2020.
Exhibit P5 THE TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE POTHUKALLU VILLAGE OFFICE
DATED 04/06/2020.
Exhibit P6 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
POTHUKALLU VILALGE OFFICE TO 4TH
PETITIONER DATED 17/07/2020.
Exhibit P7 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
POTHUKALLU VILLAGE OFFICE TO 5TH
PETITIONER DATED 17/07/2020.
Exhibit P8 THE TRUE COPY OF THE PHOTOGRAPHS OF
KAVALAPPARA LANDSLIDE.
Exhibit P9 THE TRUE COPY OF THE REPRESENTATION FILED
BY DILEEP, MEMBER, WARD NO.17, POTHUKALLU
GRAMA PANCHAYATH DATED 11/02/2021.
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION FILED
BY PETITIONERS BEFORE THE 2ND RESPONDENT
DATED 12/07/2021.
