Kerala High Court’s Directive on Wayanad Landslide
In a decisive move, the Kerala High Court has instructed the State government to promptly release ex-gratia compensation to the victims affected by the recent landslide in Kalladi, Wayanad. This directive came during the proceedings of In Re: Prevention and Management of Natural Disasters in Kerala vs State of Kerala.
The Division Bench, comprising Justice AK Jayasankaran Nambiar and Justice Preeta AK, emphasized the necessity for immediate medical attention for the injured while ensuring the deceased’s bodies are returned to their families for last rites. These directions were issued during suo motu proceedings initiated by the court in 2024, following a more catastrophic landslide in Mundakkai, Wayanad.
Incident Overview and Judicial Response
The landslide occurred on July 7 at the construction site of the Anakkompoyil Meppadi tunnel project, which aims to reduce the travel time between Wayanad and Kozhikode districts. The court, referencing the State government’s status report, confirmed six fatalities and sought immediate action to repatriate the bodies to their relatives.
Justice Nambiar urged, “See that those bodies are repatriated as early as possible and handed over to the relatives. They may have other rituals to perform. There should not be any delay in handing over.”
Medical and Financial Relief Measures
During a video conference, Kerala State Disaster Management Authority (KSDMA) Member Secretary Sekhar Lukose Kuriakose informed the court that arrangements were underway to embalm and transport the bodies post-mortem. He noted that communication with State Disaster Management Authorities of the victims’ home states was established.
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The court was informed about the current status of the injured, some of whom have been treated and discharged. Justice Nambiar insisted that medical care should be provided without financial demands on the victims or their families, stating, “Ensure that the treatment happens without insisting on any payment from them. Give treatment till discharge, care should also be taken of the bystanders. The expenses shall be incurred by the government for now.”
Ex Gratia Disbursement and Ongoing Investigations
The High Court mandated the immediate disbursement of the announced ex-gratia payments to the families of the deceased and injured, stating, “Whatever ex gratia has been announced, ensure that the disbursal happens immediately.”
Regarding missing persons, ongoing search operations involve heavy machinery and manual labor, as cadaver dogs and life detectors have been ineffective in the slushy terrain. The court will continue to monitor the situation weekly, prioritizing relief and rehabilitation efforts.
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Senior counsel Ranjith Thampan, acting as amicus curiae, advocated for a detailed affidavit outlining immediate preventive measures, given the expected increase in rainfall. However, Justice Nambiar clarified that the court’s immediate focus remains on relief efforts.
Future Proceedings
The court has demanded a compliance report from the State, detailing the disbursal of compensation, hospital expenses, and other relief measures. The case is scheduled for further review on July 17.
These proceedings reflect the Kerala High Court’s proactive approach in addressing and managing the aftermath of natural disasters in the region.
