'We Are Perplexed': Kerala High Court Flags Safety Concerns After Tribal School Relocated To Area Prone To Human-Wildlife Conflict

The division bench comprising Dr. Justice A K Jayasankaran Nambiar and Justice Jobin Sebastian were hearing petitions concerning the human- wildlife conflict in Wayanad and Aralam.

During the hearing, it was brought to the notice of the bench that 257 tribal students and 47 teachers from the Model Tribal Residential School in Thirunelli, Wayanad were relocated to the premises within the Tribal Resettlement and Development Area (TRDA) near Aralam Farm.

It was submitted that the relocation was made due to the lack of infrastructure at the Residential School in Thirunelli. 

The Divisional Forest Officer informed the Court that the relocation was carried out despite explicit caution from both the Forest Department and the Kannur District Collector. The officials had warned that retaining walls around the TRDA were in disrepair, making the area susceptible to wild elephant intrusion.

Describing the decision as perplexing, the Court questioned the haste with which the Tribal Department acted. It directed the Director, SC/ST Development, to file an affidavit by Monday(24 November) explaining the basis of the relocation and clarifying why warnings recorded in the meeting minutes dated 26 July 2025 were disregarded.

“We are rather perplexed at how the tribal department could have rushed into taking such decision and further implementing the same by relocating the students and teachers at purported in the area” the bench orally observed.

During the hearing, the petitioner highlighted the potential structural weakness in the proposed rail fence component in the construction of a 10-kilometre protective wall at Aralam. The fencing, designed using welded used railway rails, is alleged to be vulnerable at welding joints, with the petitioner citing examples from Wayanad to demonstrate possible failures in similar structures.

The Bench interacted with the Assistant Executive Engineer of the Public Works Department (PWD), Kannur via video conference. After reviewing the proposal and discussions held with the petitioner, the engineer agreed to examine the concerns raised. The Court directed the District Collector to place the PWD's comments on record within 10 days, ensuring that the rail-fence design is reassessed before implementation continues.

While discussing the effectiveness of temporary fencing to prevent elephant incursions in the area, the petitioner brought to the attention of the Court that the fences are being breached in some parts as the elephant tends to push the trees and breach the fence.

“The tree is also as valuable as the animal. We can't issue directions to chop trees, we will have to reimagine.” the bench observed.

The bench enquired to the DFO, if the beehives can be used to prevent the incursions by elephants as has been experimented in some part of India. The DFO has submitted will explore that aspect.

In another submission, the seventh respondent, Aralam Farming Corporation filed a memo noting that its request for financial assistance from the Disaster Management Fund for essential weeding and safety measures in the DRDM (Designated Reserve/Development Management) area had received no response.

The bench has previously expressed its displeasure in the delay in fund disbursal sanctioned for projects aimed at mitigating human–wildlife conflicts.

The Government Pleader informed the Court that the Disaster Management Authority would make funds available within two days, pursuant to assurances from the Additional Secretary, Disaster Management, who appeared online.

The Court has also directed the District Collector to consider the utilisation of the fund not only for machinery procurement for human-animal conflict mitigation, but also for essential measures such as de-weeding and clearing shrubs within the DRDM area, which are necessary to reduce elephant incursions to the area.

The Deputy Collector, Kannur, District Forest Officer, Kannur, Member Secretary, Kerala State Disaster Management Authority, Assistant Engineer, PWD Kannur, Additional Secretary, Disaster Management Department, Principal Secretary LSGD, District Collector, Wayanad, were also present online during the hearing.

The case was posted on 26 November for further consideration.

Case Title : Baiju Paul Mathews v State of Kerala and connected case

Case No : WP(C) 7858/ 2025 and connected case

Party in person.

Counsel for Respondents - T R Harikumar, Arjun Raghavan, Nirmal S, V Harish, Nagaraj Naryanan (Spl. Government Pleader (Forest)) 

Click Here To Read/ Download Interim Order