Kerala High Court directs State to release ex gratia payment to victims of Wayanad Kalladi landslide

The Kerala High Court on Friday directed the State government to immediately disburse the ex-gratia compensation to the victims of the recent landslide at Kalladi in Wayanad [In Re: Prevention and Management of Natural Disasters in Kerala vs State of Kerala].

A Division Bench of Justice AK Jayasankaran Nambiar and Justice Preeta AK also directed the State to ensure medical treatment for the injured and to return the bodies of the deceased to their family members.

The Court issued the directions while hearing suo motu proceedings initiated by it in 2024 after an earlier more devastating landslide had struck Wayanad's Mundakkai, wiping out an entire village.

The recent landslide happened on July 7 at the site of Anakkompoyil Meppadi tunnel project, which is intended to reduce travel time between Wayanad and Kozhikode districts.

Referring to the State government's status report, Justice Nambiar noted that six fatalities have been confirmed and sought details regarding the handling of the bodies.

"See that those bodies are repatriated as early as possible and handed over to the relatives. They may have other rituals to perform. There should not be any delay in handing over," the judge stated.

Appearing through video conference, Kerala State Disaster Management Authority (KSDMA) Member Secretary Sekhar Lukose Kuriakose informed the Court that the authorities had contacted the respective State Disaster Management Authorities of the victim's home States and arrangements were being made to embalm and transport the bodies after post-mortem examinations.

The Bench enquired about the injured and was informed that a few persons have already been treated and discharged.

Justice Nambiar directed that medical treatment should continue without insisting on any payment from the victims or their families.

"Ensure that the treatment happens without insisting on any payment etc from them. Give treatment till discharge, care should also be taken of the bystanders. The expenses shall be incurred by the government for now. All the costs incurred towards hospitalisation and treatment will be a charge on the project. Ultimately, we will decide whether it has to be recovered from them or not," the judge stated.

The Court further directed that the ex-gratia payment announced for the families of the deceased and injured must be disbursed immediately.

"Whatever ex gratia has been announced, ensure that the disbursal happens immediately. Recovery of that we will decide later, but for the time being, put it as a charge on the project," the Court added.

Regarding missing person's, the KSDMA secretary informed the Court that search operation was continuing with heavy machinery and that human labour was being deployed to find dead bodies, as cadaver dogs and life detectors had not yielded results because of the slushy terrain.

Senior counsel Ranjith Thampan, the amicus curiae in the proceedings urged the Court to direct authorities to file an affidavit detailing immediate preventive measures. He said that the monsoon has only begun and that heavier rainfall was expected in August.

He expressed concern that extracted mud at the tunnel site has not been shifted to the designated private property.

However, Justice Nambiar said that the Court's immediate priority was relief and rehabilitation further stating that weekly monitoring of the matter would continue.

The Court also sought clarification on whether work was being carried out at the project site when the landslide occurred and the nature of duties assigned to those trapped.

KSDMA secretary submitted that all external works had been stopped by July 5 following directions issued after an inspection by the Core Committee of the District Disaster Management Authority.

He stated that whether the workers were engaged in any work at the exact time of the landslide could be established only after enquiry.

The Court then directed the State to file a compliance report detailing the disbursal of compensation, hospitalisation expenses, repatriation of bodies and other relief measures.

It posted the case for further consideration on July 17.

[Read live coverage]