IMPORTANT POINT
The judgment establishes the importance of proactive disaster management strategies and the statutory requirements for integrating risk reduction measures in development plans and projects under the Disaster Management Act, 2005.

JUDGMENT :

“Prevention is better than cure” may sound cliched, yet it carries a potent message in the realm of Disaster Management. Often, it takes a significant event to spur us into action and seek solutions. This tendency stems from the human inclination to overlook or inadequately assess risks until they materialize. It is crucial to prioritize effective management strategies for mitigating disasters and emergencies. Rather than focusing solely on response and recovery, the systems established for disaster management should give greater attention to proactive measures aimed at reducing disaster risks.

2. I have begun this judgment with the afore exordium because the petitioners, through their learned counsel – Sri.Jestin Mathew, alleges that, on account of the development and widening of the Punalur-Muvattupuzha road at Konni, two natural water ducts and passages were closed unscientifically; consequent to which, in the rainy season, their’s and similarly situated properties were fully inundated. They say that this was noticed by the District Collector, Pathanamthitta, who has issued Ext.P3 suggesting certain reparatory measures, but that no action has been taken thereon; thus constraining them to have approached this Court through this Writ Petition.

3. Sri.K.V.Manoj Kumar – learned Senior Government Pleader, appearing for the Kerala State Transport Project (KSTP), conceded that Ext.P3 recommendations have been made by the District Collector; and undertook that necessary steps pursuant thereto, will be completed in a time bound fashion.

4. Sri.V.K.Sunil – learned Standing Counsel for the 9th respondent, submitted that the work was conducted by the ‘KSTP’ and not by his client; and therefore, that no fault can be attributed to them, thus praying that this Writ Petition be dismissed, as against them.

5. Before I proceed, I must record that, on 08.11.2023, when this matter was considered by this Court, a report was placed on record by the learned Senior Government Pleader, along with his Memo dated 06.11.2023, containing certain very specific recommendations not only qua the complaints of the petitioner, but also as to the manner in which “project finalisations and planning” will have to be carried on and completed in future.

6. Taking note of the afore, this Court passed an order on that day as under:

“A Report has been filed before this Court by the learned Senior Government Pleader – Sri.K.V.Manoj Kumar, along with a Memo dated 06.11.2023.

I notice from the afore Report that there are various recommendations made by the Kerala State Disaster Management Authority. Obviously, it is for the District Collector, who is the Chairperson of the said Authority, to confirm that these recommendations are properly complied with.

I, therefore, direct the competent Authorities to make sure that the recommendations as afore are implicitly complied with; and the District Collector will file an Action Taken Report before this Court within a period of one month.

I must say that recommendation No.8 in the afore Report is not one specifically to the petitioner’s predicament, but it should be considered in all such cases of infrastructure development.

I, therefore, direct the 1st respondent - Chief Secretary to the Government of Kerala to immediately advert to this recommendation and issue necessary orders/circulars/instructions to all entities, so that in future such issues can be allayed. I order so since am without doubt that the views of the State Disaster Management Committee are imminently deserving of being acceded to and adhered with.

A Report in this regard by the 1st respondent will also be placed on record by the next posting date.

Post after a month.”

7. Today, the learned Senior Government Pleader – Sri.K.V.Manoj Kumar, invited my attention to two Memos filed by him on 04.01.2024 and 14.02.2024 respectively, producing therewith two documents, namely, proceedings of the District Collector dated 07.02.2024 and the circular of the Government date