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2025 Supreme(Ker) 2847
IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, C.J., BASANT BALAJI, J.
Suo Motu Proceedings Initiated By The High Court, In Waterlogging Of Sndp Higher Secondary School – Appellant
Versus
State Of Kerala - Respondent
WP(PIL) No. 87 of 2025
Decided on : 11-09-2025
For the Appellant : ADV SUO MOTU PROCEEDINGS INITIATED BY THE HIGH COURT(PARTY-IN-PERSON)
For the Respondent: SHRI.R.RAJPRADEEP, SRI.K.K.RAJEEV, SHRI.ABDUL KHADER KUNJU S., SRI.AMAL KASHA, SHRI.SACHIN RAMESH, SMT.SREEDEVI S., SHRI.A AL FAYAD, MR.V.TEKCHAND, SR.GP, MR.JITHIN SAJI ISSAC, AMICUS CURIAE
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 flooding of educational institutions.
Headnote:(A) Kerala Irrigation and Water Conservation Act, 2003 - The court addressed the flooding of SNDP Higher Secondary School due to poor bund maintenance in Kainakary Grama Panchayat and emphasized the statutory responsibilities of local committees for effective irrigation practices. (Paras 8, 12, 14, 20)
(B) Public Interest Litigation - Court intervened in the welfare of students affected by waterlogging, highlighting the need for a coordinated response from government agencies. (Paras 1, 10, 24)
Facts of the case:
The school faced severe waterlogging following monsoon rains and students requested judicial intervention to resolve their plight, which prompted the court to initiate proceedings.
Findings of Court:
The District Collector was directed to establish an ad hoc committee for ongoing oversight until resolution of flooding issues at the school.
Issues: The main issues revolved around the inadequacy of existing irrigation practices and the school’s operational status during adverse weather events.
Ratio Decidendi: The court underscored the necessity for implementing statutory frameworks under the Kerala Irrigation and Water Conservation Act to ensure the proper maintenance of agricultural bunds, revealing systemic administrative lapses.
Result: Writ petition disposed of with directions for remedial measures.
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 the Paruthivalavu paddy fields partially submerged the School. First-year students attended classes in the morning on the upper floors, in the library and computer rooms, while second-year students attended in the afternoon. The students and the teachers complained that despite the School making various requests to the concerned Padasekhara Samithi, no action was taken. They expressed serious concern about their ability to catch up on the loss in the studies. Many of the students' homes are also submerged, and they were barely managing to reach the School and attend classes.
3. The petition was taken up for hearing on 23 July 2025, and the District Collector, Alappuzha, was directed to convene a joint meeting of the concerned officials from the Education Department, Agriculture Department, and local authorities to ascertain the factual position, and issue necessary directions as warranted. The matter was then posted on 31 July 2025 for submission of the Action Taken report. Adv. Mr. Jithin Saji Issac was appointed as Amicus Curiae, and the Kerala State Legal Services Authority was joined as party Respondent to assist the Court with the factual aspects of the case.
4. The learned Amicus Curiae visited the place along with the Kerala State Legal Services Authority on 9 August 2025. They found that the school compound was still flooded. Sandbags were found heaped in a corner, and it was informed that those bags were placed so that children could walk into the school. They also visited the padasekharams in a country boat. They found that there were three indigenous dewatering pump systems, two of which were not functioning. As on the date of the visit, the Padasekharam and a portion of the School remained submerged.
5. The joint meeting conducted by the District Collector on 28 July 2025 was attended by the Deputy Collector (Disaster Management);Deputy Director of Education, Alappuzha; Principal Agricultural Officer, Alappuzha; Tahsildar, Kuttanad; President, Kainakary Grama Panchayat; Secretary, Kainakary Grama Panchayat; Secretary, Paruthivalavu Padasekhara Samithi; Agricultural Officer (i/c) Kainakary; Member, Ward No.3, Kainakary Grama Panchayat; Manager, SNDP HSS, Kuttamangalam; and the Principal, SNDP HSS, Kuttamangalam.
6. After the meeting on 28 July 2025 with the concerned district-level officials, the District Collector convened another meeting on 2 August 2025 with the district-level officials, and further measures were initiated to ensure removal of waterlogging and resumption of academic activities in the School. The District Collector submitted a report dated 13 August 2025 stating that the complaint was forwarded to The Principal Agricultural Officer, Alappuzha, on 11 June 2025, for necessary action and report. Subsequently, the District Collec
