Kerala High Court Says Alappuzha School Flooding Likely Aggravated By 'Man-Made Factors', Orders Study To Devise Long-Term Measures

The Kerala High Court recently directed the state government to take action to address the issue of recurrent flooding in Kuttanad area of Alappuzha district. It directed that the action be taken based on the preliminary and detailed reports, which are to be submitted by the Chief Engineer after conducting a detailed study of the area.The direction was made by the Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji in a suo motu public interest litigation instituted after receipt of a letter from the teachers and students of the SNDP Higher Secondary School, Kuttamangalam in Kainakary Grama Panchayat regarding flooding of classroom and consequent interruption of classes.In the judgment, the Court had noted that since the area is located below the sea-level, flooding is caused when water flows from adjoining paddy fields during monsoon season. However, the Court also expressed that man-made factors may have contributed to the recurring issue. Therefore, it felt that a detailed study is needed to find long-term solutions.The Court's observation is extracted below:"Though the topography of the area, where a large number of agricultural fields lie below sea level, makes it susceptible to inundation during the monsoon season, the present situation has been aggravated due to the breach of agricultural bund. This cannot be attributed wholly to an act of nature. Apart from the excessive rainfall beyond expectation, various man-made factors may have contributed to the aggravation of the situation. This would require long-term measures, which need to be preceded by a study. The Chief Engineer, Kuttanad Package and Inland Navigation, can carry out such a study. If the Chief Engineer requires assistance for conducting the study, the State Government will provide the same. Thereafter, the Chief Engineer may submit a report to the State Government indicating the measures that can be taken". The Court also issued directions on three issues: (i) flooding of SNDP Higher Secondary School (ii) statutory framework and action to be taken under the Kerala Irrigation and Water Conservation Act, and (iii) the larger issue of steps to be taken to maintain and the strengthen bunds to prevent flooding in the future.The school, located on the outer bund of Paruthivalavu paddy field, was flooded when the bunds constructed to prevent water ingress collapsed in May 2025 due to heavy rains. Though the school made requests to the Padasekharam Committee, a collective of farmers who regulate the flow of water by maintaining pumps and earthen bunds, no action was taken. For context, padasekharam means a collection of paddy fields contiguously situated, whether owned by one or more than one person.After the Court took cognizance, the District Collector of Alappuzha was directed to convene a joint meeting of stakeholders concerned. As a result, an ad hoc committee was formed including officers who participated in the meeting to take immediate measures to resolve the flooding.Flooding in SNDP schoolRegarding the first issue, the Court observed that the grievances of the school can be placed before the ad hoc committee. The ad hoc committee directed to continue functioning till the issue in the school is fully resolved. It also gave directions to the Collector to adopt the same approach of convening the committee and issue directions if similar situation arises in other educational institutions in the future.Statutory framework and action under the 2003 Act and 2005 RulesThe Court looked into the provisions of the Act and Rules regarding padasekharam, padasekhara committees, responsibilities and supervisory powers of Collector and Punja Special Officer with respect to dewatering a flooded area and other matters. A government circular containing guidelines to be followed for implementation of the operational support to Padasekhara Samithies was also considered.Looking to the response of the Padasekhara Samiti the court said that it appeared that repairs to breaches in the bunds in the paddy fields often require immediate action and ready cash, which many of these Samithies lack. It thus asked the District Collector and the Punja Special Officer to look at the case at hand within the ambit of the 2003 Act and the 2005 Rules.It observed: “Act of 2003 acknowledges the practice of joint agriculture as established by local custom and seeks to regulate it by imposing the responsibility on the local committees and empowering the District Collector and Punja Special Officer to issue necessary directions. The Padasekharam Committee has to prepare an annual Action Plan for the development of paddy cultivation, monitor its execution, undertake development activities to make farming profitable, ensure optimum use of resources to enhance production, and maintain proper accounts of the Committee's funds…The District Collector and the Punja Special Officer will have to look into the case at hand within the ambit of the Act of 2003...

Kerala High Court Says Alappuzha School Flooding Likely Aggravated By 'Man-Made Factors', Orders Study To Devise Long-Term Measures

K. Salma Jennath

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