Kerala High Court Directs Kochi Corporation, District Collector To Take Necessary Actions To Prevent Flooding Amid Heavy Rainfall

The Kerala High Court on Monday, considering the reports of flooding in the city amid heavy rainfall this morning, directed the officers of the Disaster Management Authority and the Kochi Municipal Corporation to ensure that every ground level measure is taken and completed on a war-footing so that the severe rains that are expected will not cause deleterious consequences to the citizens in the next few days.

Justice Devan Ramachandran taking into consideration of the heavy rainfall warning for the next couple of days, opined that the situation must be kept under control and the authorities of the Corporation, Disaster Management Authorities must devote sufficient time and attention to the situation as it unfolds on an hour to hour basis. 

Senior Government Pleader S. Kannan submitted that all the canals, including Perandoor Canal, have been cleaned and didn't flood even in the morning. He suggested that perhaps the problem lies in the internal drainage system of the city. 

Standing Counsel for CSML, Advocate Brijesh Mohan, submitted that CSML had completed work on various roads including by providing drains and there haven't been any complaints on such until now. 

Standing Counsel for the Corporation of Cochin, Advocate Janardhanan Shenoy, submitted that all pre-monsoon cleaning had been completed and, therefore, the drains were ready to receive the rainfall.  

The Court opined that whatever the stakeholders may say today, the fact remains that the city suddenly saw large-scale flooding in the morning. If the canals were ready to receive the rainfall and did not flood, then certainly the problem lies within the internal drainage system of the city. It is for the Corporation of Cochin to have final control over the situation, and the district collector also has a certain role to play in this, opined the Court. 

Since the signals of heavy rains have already been put out, the Court has directed the officers of the disaster management authority and that of the Corporation of Cochin must ensure that every ground level measures is taken and completed on a war-footing so that the large rains that are expected will not cause deleterious consequences to the citizens in the next few days. 

The Court further directed that actions be taken for clearing the drain and the inlets, which are to be kept open, and that the Corporation shall depute enough number of persons on the ground level to accomplish this. 

The Court also directed CSML to inspect all the roads that they have rejuvenated and file a report before the court on whether the drainage inlets require to be modified so as to allow more water to flow in, which has to be protected with sufficient gratings. 

 The Cochin Corporation, through its competent authorities, is directed by the Court to constantly monitor various parts of the city which faced inundation today and adopt remedial measures when it becomes necessary on an emergent basis and also directed to furnish a report on this regard before the Court, in the next posting date.

The District Collector, in their capacity as Chairperson of the District Disaster Management Authority, is directed to keep an overview of the entire situation and ensure that sufficient personnel are adjusted and deputed wherever required. Further, the District Collector is also directed to submit a report based on the experience in the next few days and give suggestions.

The matter has been listed for 4th August for verification of the progress in the matter.

Case Title: Tresa K.J v. State of Kerala 

Citation: 2022 LiveLaw (Ker) 393

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