Kerala High Court halts Sunburn festival in Wayanad over safety concerns

The Kerala High Court on Friday passed an interim order prohibiting the proposed Sunburn New Year Party at ‘Boche 1000 Acres’ in Meppadi, Wayanad, following concerns about safety risks in the landslide-prone area and the absence of required statutory permissions [MC Mani & anr v State of Kerala & ors]..Justice Ziyad Rahman AA said that the location's vulnerability to natural disasters coupled with unauthorised constructions and large-scale attendance posed a significant risk to public safety and environmental stability, warranting immediate intervention to prevent potential harm."Considering the fact that, the program is proposed to be conducted in a landslide prone area, and also taking note of the magnitude of the program, I am of the view that, Annexure 1 order issued by the 3rd respondent has to be implemented and the 6th respondent cannot be permitted to organize any program in violation of the law," the single-judge added..Earlier, a Division Bench of the High Court had expressed concerns over the Sunburn Festival slated to be held even as rehabilitation efforts re progressing in Wayanad, after the July 2024 landslides that claimed over 250 lives and displaced numerous families. The Bench had even demanded clarity on permissions granted for such an event.The Court was hearing filed by two Wayanad residents, MC Mani and Sajeevan, against the event. They had initially filed a complaint with the District Disaster Management Authority (DDMA) and the District Collector, raising serious concerns about unauthorised constructions and environmental risks associated with the event scheduled to be held on December 31 at the Chulika Estate in Meppadi.The complaint flagged the site's landslide-prone nature, unauthorised land use and the anticipated large crowd of over 20,000 attendees.The petitioners alleged illegal constructions by Boche Bhumiputra in Chulika Estate and highlighted severe safety concerns, including wildlife threats, heavy rains and inadequate infrastructure. Under Section 30 of the Disaster Management Act, 2005, they sought the cancellation of the event, which reportedly sold 10,000 tickets and expected over 20,000 attendees. The petitioners approached the Court, seeking immediate intervention, to prohibit the event and to ensure compliance with disaster management laws..The Court emphasised on the necessity of complying with the laws and passed an interim order barring the event's organizers, Boche Bhumiputra Private Limited and Oscar Event Management, from conducting the program without obtaining all necessary statutory approvals.Authorities including the District Collector, DDMA and police were directed to enforce the prohibition."Therefore, there shall be an interim order directing the respondents 2 to 5 and 2 to ensure that the 6 respondent is not conducting any program as proposed in 'Boche 1000 Acres' at Chulika Estate in Wayanad, without obtaining necessary permissions from the respondents 3 and 4. The said respondents shall ensure that, if at all the permission is granted, the conditions imposed by the authorities concerned are strictly complied with by the 6th respondent," the Court added..The petitioners were represented by advocates V Harish, Rajan Vishnuraj, Jissmon A Kuriakose and Sidharthan MT.Special Government Pleader Manoj Ramaswamy appeared for Meppadi Grama Panchayat.Advocate MR Dhanil appeared for Boche Bhumi Putra Private Limited and advocate Senitta PJ represented Oscar Event Management..[Read Order]