Kerala HC Directs State To Forthwith Ensure Basic Facilities To Nilambur Tribals After Petitioners Claim Only 1 Toilet Provided For 300 Families

The Kerala High Court on Thursday directed the State to forthwith provide adequate number of toilets and drinking water facilities to the tribal families in Pothugal, Vazhikadavu, and Karulai villages in Nilambur Taluk, that were disconnected from mainland following 2018-19 floods.

The Division Bench comprising Chief Justice A. J. Desai and Justice V.G. Arun passed the direction on being informed that its previous order dated August 17, 2023, directing State authorities to provide an adequate number of bio-toilets and drinking water facilities had not been fully complied with.

"Quite unfortunately, one e-toilet facility has been installed there without any water, for 300 families," Petitioners' counsel informed the Court today.

The counsel for the respondents however argued that the Panchayat, which is the implementing agency, had already started providing water to all families, and added that an an amount of Rs. 7.20 Lakhs has been allotted for the e-toilet facility, the work of which had already been started. 

"This is a serious matter, basic facilities should be provided...the last Order was on 17th August. Almost two months have passed," the Court noted. 

The Court was considering a plea filed by the former Chairperson of Nilambur Municipality, Aryadan Shouketh, and a social worker residing in Vaniyampuzha colony in Pothugal Grama Panchayat, alleging "grave human rights violation and injustice" faced by the tribal communities in the aforementioned villages.

The plea states that around 300 families residing on the banks of Chaliyar and Punnapuzha rivers were detrimentally affected by the devastating floods in 2018 and 2019. It is claimed that their houses have become uninhabitable and they have lost accessibility to the main land, and in turn basic facilities like hospital, ration shop, schools, etc., due to a broken bridge.

The bench was told that despite the State having sanctioned Rs. 5 Crores for the construction of a bridge in the area, no positive further steps were seen to be taken so far.

Respondents however assured that a report regarding construction of the bridge would be submitted before the Court soon.

The court has directed the State authorities to file an additional affidavit in the matter showing compliance of its previous direction and to ensure that an adequate number of toilets are constructed through the concerned Panchayat, along with the provision of water facilities before the next date of posting, i.e. October 19.

The plea was moved through Advocates Peeyus A. Kottam, Hrithwik D. Namboothiri, and Ragesh Chand R.G.

Case Title: Aryadan Shouketh & Anr. v. Union of India & Ors.

Case Number: WP(C) NO. 24828 OF 2023