J U D G M E N T

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Dated this the 11th day of November, 2021 The petitioners, who are victims of Kokkayar Landslide, are before this Court seeking to command the respondents not to shift the Rehabilitation Centre from Government High School, Kuttiplangadu to Community Hall, Vempilly. The petitioners further seek to command the respondents not to evict the petitioners and other inhabitants from Government High School, Kuttiplangadu.

2. The petitioners are residents of Pullakayar in Kokkayar Village of Idukki District. During October, 2021, torrential rains ravaged the locality which resulted in massive landslide and mudflow. About 46 families lost their dwelling houses completely and a large number of families were displaced temporarily. About 120 persons including the petitioners were rehabilitated in the Relief Camp at Government High School, Kuttiplangadu.

3. On 04.11.2021, the 3rd respondent issued Ext.P2 order directing respondents 4 and 5 to establish suitable alternate relief camps to vacate the Government School, Kuttiplangadu. The 4th respondent came to the Relief Camp and asked the petitioners and other inhabitants to go back to their houses. The houses of the petitioners and others were severely damaged and were uninhabitable and they were not in a position to return. This was informed to the 5th respondent. On 08.11.2021, the 4th respondent visited the Relief Camp and pressurised the petitioners and other Relief Camp inhabitants to vacate the School.

4. The petitioners state that they requested to provide suitable alternate Relief Camp. But, they were ordered to shift to the Community Hall of Vempilly Panchayat. The petitioners state that there are 60 inhabitants in the present Relief Camp and the Community Hall is not sufficient to accommodate even 20 persons. There is no bed space. The Community Hall is already occupied by four families. There are only two toilets and one among them is not functional.

5. The petitioners contend that the Community Hall, Vempilly does not satisfy Ext.P3 Guidelines on Minimum Standards of Relief framed by the National Disaster Management Authority (NDMA). As per Ext.P3, there should be one toilet for 30 persons, with separate bath and toilet for women and children. The Guidelines mandate minimum standard for food and water. The Community Hall, Vempilly does not satisfy the requirements laid down and the Hall does not have even the barest basic amenities. Shifting the petitioners to such a place would offend their right to life guaranteed under Article 21 of the Constitution, the petitioners urged.

6. The learned Government Pleader submitted that the Government has decided that the Schools in the State should be made functional from 01.11.2021 and therefore the Government High School, Kuttiplangadu has to be vacated, failure of which would adversely affect a large number of students of the School. The District Collector has directed the Secretary to Kokkayar Grama Panchayat to ensure that all the rehabilitation centre criteria are strictly adhered to, at the Vempilly Community Hall.

7. Directions are also given to buy food materials, vegetables, fish, meat, oil, kerosene, cooking gas, etc, from Supplyco, Consumerfed, Horticorp, Matsyafed and Kitco. Directions are given to ensure that all the requirements laid down in the Orange Book for maintaining Rehabilitation Camps, are met. These directions are contained in Order No.DCIDK/4746/2021-DM2 dated 09.11.2021 of the District Collector and District Disaster Management Authority (DDMA).

8. The petitioners are entitled to demand that they should be extended with facilities satisfying the minimum standards as mandated in the Guidelines issued under the Disaster Management Act, 2005. At the same time, the State is also bound to ensure that the students of the Government High School, Kuttiplangadu resume their classes in the School. In the light of the directions already given by the DDMA in the aforesaid order dated 09.11.2021, this