It is essential that citizens understand their duty to ensure that canals are fenced, well-maintained, and kept free of debris, which otherwise would challenge the lives of many other affected by the flooding is upheld by the Kerala High Court in the case of Treasa K.J. v. State of Kerala through Justice Devan Ramachandran.
FACTS OF THE CASE
In the instant case, it was claimed that as a result of the many rulings issued by this Court, different measures to lessen the situation were implemented, and these measures paid off in the years 2020 and 2021, when the city was spared significant floods.
The court ordered the corporation and the leader of the “Operation Breakthrough” team to submit reports and statements outlining the actions taken and yet to be taken in response to the circumstances that the court saw.
The court continued by stating that “Operation Breakthrough” flood mitigation measures had successfully completed two of their phases, and the court had the impression that the systems would continue to function effectively in the future. However, the third phase could not be completed for a variety of reasons.
The Court noted that the State has recently experienced significant rainfall, which had a devastating effect on numerous places and highways as a result. According to the High Court, the current case was listed on an urgent basis and will need additional information.
The court noted that the reports must be thorough so that it may issue directions that will be effective in preventing such tragedies during the monsoon season, which is already on the horizon.
The Secretary of Corporation was informed that all required and efficient measures must be started and ensured on a war footing with regard to cleaning canals and preventing the dumping of rubbish and plastic into them.
In order to serve as a deterrence to others who may be under the false impression that such activities will still be tolerated, those who disobey the Corporation’s instructions against the deposit of trash into the canals will be prosecuted to the maximum extent of the law.
The Court went on to say that it is important to remind people that measures like fencing the canals won’t help unless people realise that it is their responsibility to make sure that these facilities are well-maintained and kept clean.
Therefore, it will be in the best interest of all parties involved for the Corporation to spread the necessary advertisements and publicity via all available channels so that people can live in peace.
The Court held that it is essential that citizens understand their duty to ensure that canals are fenced, well-maintained, and kept free of debris, which otherwise would challenge the lives of many other affected by the flooding. He added that, despite the fact that this Court does not want to regularly control the management of the city’s drains or flood mitigating systems, it is compelled to do so due to the extensive flooding observed.
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL