KUTTIYALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these cases are residents of the 'Kavalappara' area, which unfortunately suffered a landslide on 8/8/2019, 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 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.