Kerala High Court  (File photo)
Kerala High Court (File photo)

Kerala High Court turns ‘man-made disaster’ letter into PIL

The file was placed before Chief Justice Hrishikesh Roy through the Registrar General. Subsequently, the letter was converted into a public interest litigation (PIL).

KOCHI: Even as chaotic scenes were getting played out in the Assembly, with the Opposition training its guns on the government about the opening of 22 dams August 15, the High Court on Thursday initiated suo motu proceedings against the alleged criminal negligence of authorities which resulted in the ‘man-made’ disaster.

The court initiated the proceedings after Justice V Chitambaresh submitted a letter received from by N R Joseph of Chalakudy.The letter alleged it was the mismanagement of dams and criminal negligence that led to the floods. The file was placed before Chief Justice Hrishikesh Roy through the Registrar General. Subsequently, the letter was converted into a public interest litigation (PIL).

The court said it seemed the petitioner espoused a public cause. The letter provides an analysis of what and who caused the floods substantiating it with facts and figures.The letter further requested to be treated as a PIL so that action taken by court on it will move legally against the ministers and officers guilty of criminal negligence.

Others in similarly responsible positions will be far more vigilant of their acts fearing such legal action. This will also help the victims obtain adequate compensation for damage and losses as it cannot be decided by or left to the discretion of the government that caused this catastrophe, the letter said.

The letter alleged due to the mismanagement, thousands of houses, hospitals, commercial buildings, farms, factories and other establishments were submerged within minutes. Roads became raging rivers.A survivor residing 2 km away from the Chalakudy river said water gushed into his house at 10 pm and rose eight ft high within minutes. Even after four days, Navy and fishing boats could not cross the raging torrent just two km away from the Chalakudy river.

Pointing fingers
The letter said it was clear the floods would not have occurred if the government opened the shutters even as late as July 25 and released one-fifth of what they did till August 15.
By not doing so, the government showed blatant disregard for life and loss of property. There was no coordination between various offices when the dams were opened.  
The letter also said the Chief Minister’s Office was more keen on blaming TN for opening the Mullaperiyar dam shutters

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