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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, BASANT BALAJI
Suo Motu Proceedings Initiated By The High Court, In Waterlogging Of Sndp Higher Secondary School – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
NITIN JAMDAR, C.J.
In May 2025, the Alappuzha district experienced incessant monsoon rains which breached an earthen embankment bordering paddy fields and flooded the area in Kainakary Grama Panchayat in Kuttanad. Two hundred students and teachers of a partially submerged school in the area wrote a letter requesting the Chief Justice of the High Court of Kerala to intervene. The letter was treated as a suo motu writ petition.
2. The school, SNDP Higher Secondary School, Kuttamangalam, situated in Ward No.3 of Kainakary Grama Panchayat, is located on the outer bund of Paruthivalavu paddy fields. This region follows a traditional agricultural system involving the construction of earthen bunds to prevent water ingress, followed by motorised pumping of water for cultivation in the large contiguous paddy fields called Padasekharams. The Padasekharam Committee, a collective of farmers, regulates the flow of water in these fields by maintaining pumps and earthen bunds. The collapse of these bunds during heavy monsoons or flash floods, locally known as “Madaveezhcha”, leads to the inundation of paddy fields and surrounding areas. The “Madaveezhcha” that occurred on 29 May 2025 in t
Court emphasized statutory responsibilities of local committees for irrigation under the Kerala Irrigation and Water Conservation Act, highlighting the need for effective management to prevent floodi....
The court mandates timely action by authorities to address public grievances regarding infrastructure repair as per prior directives.
Construction on lands designated as paddy fields under the Kerala Conservation of Paddy Land and Wetland Act is prohibited unless specific permissions are obtained.
The State must deposit all funds collected under Section 27A(3) into the Agricultural Promotion Fund and utilize them according to the Act's provisions, ensuring accountability and transparency.
The court mandated ecological assessments for flood mitigation measures, emphasizing oversight to protect sensitive ecosystems.
Court may set aside overreaching judicial directions if not sought in petition or premature.
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