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HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
SHIBI A.A – Appellant
Versus
UNION OF INDIA – Respondent
WP(C)/28093/2018
Relief - Public Interest Litigation - Disaster Management Act - Sections 12 and 60 - The court emphasized the necessity of coordination in disaster relief efforts and the accountability in fund management under the Disaster Management framework, significantly affecting the course of actions mandated for effective rehabilitation.
Fact of the Case:
The Public Interest Litigation seeks writs for declaring flooding in Kerala a National Disaster and directs various government respondents to coordinate rescue operations, maintain fund accounts, and establish grievance redress mechanisms for affected individuals.
Finding of the Court:
The court found that the grievances of flood victims were being addressed and necessary mechanisms for handling appeals and fund management were to be put in place, though further monitoring and enhancements in resources were needed.
Issues: Whether the government is fulfilling its obligations to manage the disaster relief efficiently and transparently following the flooding in Kerala and how to ensure accountability in fund distribution.
Ratio Decidendi: The court established that the Disaster Management Act requires robust management and operational processes during disaster response, influencing the government's responsibility in ensuring systematic relief measures and financial transparency.
Final Decision: The writ petition is disposed of with directives for monitoring the disaster relief process.
J U D G M E N T
S.Manikumar, CJ.
Instant Public Interest Litigation is filed seeking the following reliefs:
“(i) Issue a writ of mandamus or any other appropriate writ order of direction, commanding respondents 1 and 3 to declare the flooding and other natural calamities happening in the State of Kerala as a National Disaster.
(ii) Direct the 2nd respondent to co-ordinate the rescue operations with the help of Army, Navy & Air Force to adequately redress the situation.
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to create and maintain separate exclusive account solely for the purpose of collection and disbursement of funds for the present natural calamity affected victim's rehabilitation, compensation, damages and allied matters and publish the same in the official website and direct the 2nd respondent to transfer all amounts credited in Chief Minister's Distress Relief Fund from the date 15.8.2018 to the above said separate account. (iv) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to provide all assistance to the authority/committee specially set up by this Hon'ble Court to account and maintain the receipt and expenditure of the relief materials in cash and kind for the purpose of monitoring the ongoing collection and disbursement of fund.
(v)issue a direction to the Accountant General or a separate body appointed by this Hon'ble Court to monitor and audit the account of the receipt and expenditure of relief fund and work which is separately constituted from the Chief Minister's Distress Relief Fund.
(vi)Issue a direction to the 2nd respondent to publish and upadate the list of entire contributions and donations received and spent in connection with the present calamity, from 15h August 2018 in the official website of the Government of Kerala.
(vii) Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to appoint District Judge as Ombudsman in each District, in order to help and co-operate the Government agencies for ensuring timely relief through relief material cash and compensation money and to receive complaints and grievances from flood victims and after necessary investigation with the assistance of Kerala Legal Service Authority and NGOs to bring them to notice of the Government and agencies in charge of relief and rehabilitation program.
(viii) 1ssue a direction to the 2nd respondent to formulate a scheme for proper waste management for the disposal of solid, e-waste and other waste deposited in the affected areas and formulate and extend comprehensive schemes for agriculture debt waiver and debt relief for the victims affected by the natural calamity.
(ix) issue a direction to the 2nd respondent to take immediate action for the proper rehabilitation and relief package for these tribal people affected in the calamity.
(x) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to provide adequate fund from National Disaster Response Fund for Kerala and accept the aid from International agencies and foreign countries, if required.
xi) Issue a direction to the 2nd respondent to direct the District Collectors of all Districts in which procurement, distribution of consumer goods and relief materials is carried out by the Government Officials in connection with the flood relief to get the details of amount and materials and other items received by each official and publish it in an official website or in the alternate in the public domain.
xii) Direct the 1st respondent to Oversee the rescue operations and provide assistance as required for the 2nd respondent.
Xiii) Issue such other appropriate writ order or direction which this Hon'ble Court may deem fit and just under the circumstances of the case.”
2. On 17.12.2019, we heard learned counsel for the parties as well as learned Additional Advocate General. Taking n
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