Substantial Steps Have Been Taken: Kerala High Court Closes Suo-Moto PIL On State's Monsoon Preparedness
The Kerala High Court set out in its Judgment the important steps taken by the State post 2020, when the PIL was initiated due to the rising water levels in dams, in the light of the 2018 floods.
The Kerala High Court has closed suo moto proceedings initiated regarding the regulation of water levels of various dams in the state, noting that the authorities have examined the issue and established an operating procedure, and the State is committed to continuing the initiatives.
The suo motu Writ-Petition was initiated regarding monsoon preparedness in the State of Kerala.
The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu observed, "Therefore, it is to be noted that substantial steps have been taken by the State post-2020 when this suo motu Public Interest Litigation was initiated. The Court took suo motu cognizance due to concerns about past floods and reports of an impending disaster. The Court's main concern was to ensure a proper system to manage the situation, not to take over the functioning of disaster management authorities. It was meant to ensure that an effective mechanism is in place, not to monitor every detail".
Senior Advocate S. Ramesh Babu and Senior Government Pleader V Tekchand were present during the hearing.
Concerned by the disastrous floods of August 2018, the rise in water level in the dams in the year 2020, and the situation brought about by the Covid-19 pandemic, the suo-motu Writ Petition was initiated by order dated 28 May 2020 on the issue of the regulation of water levels of various dams in Kerala. The Court noted that Kerala had two floods in the recent past and that there was heavy damage to the property and loss of lives, and safety evaluation of the dams had to be done to prevent any untoward incident. Opening of the shutters of the dams needed to be monitored and in light of the weather prediction and taking note of the newspaper reports, the Court was of the view that there is a need to initiate suo-motu proceedings regarding the regulation of the dams in the State. The Respondents were directed to file a statement with supporting documents regarding the measures taken to streamline dam operations in Kerala.
In December 2024, the Court directed the State to record the steps taken in the last four years, pursuant to which a statement is filed by the Member Secretary, Kerala State Disaster Management Authority.
The record disclosed that since 2020, the State implemented various plans for monsoon preparedness, disaster management and mitigation through annual and periodic meetings and coordination mechanisms. Multi-level pre-monsoon review meetings are to be conducted each year to assess preparedness at three levels, with specific objectives. These meetings focusing on finalizing preparedness strategies and ensuring readiness for emergency deployment have been conducted annually, with records maintained for each year. The Rule Curve Monitoring Committee meetings are also convened as needed to regulate water levels in dams and reservoirs. Coordination meetings with the Central Water Commission are conducted to support flood forecasting activities.
The State pointed out that after the Wayanad landslide in 2024, a Post-Disaster Needs Assessment was carried out with the National Disaster Management Authority to assess the damage and response efforts and during the monsoon season, emergency control rooms operate at the State, district, and local levels to manage disaster response.
The State stated that for monsoon preparedness in 2025, the State will continue these efforts, specifically focusing on enhancing early warning systems and leveraging technology for timely data analysis. The Court expressed satisfaction with the report produced.
"Full details of these procedures are not reproduced in the judgment to avoid lengthy narration. It is noted that the Disaster Management Authority has examined the issue and established an operating procedure. The State has placed it commitment on record that it will continue its initiatives with emphasis on improving early warning capabilities and utilizing technology for real-time data analysis to make informed decision. The advanced early warning system, Kerala Warnings, Hazards, and Crisis Management System (KaWaCHAM), will be implemented to improve disaster preparedness," the Court noted.
The Petition was accordingly disposed-off.
Cause Title: Suo-Motu Proceedings Initiated Regarding The Regulation Of Water Levels Of Various Dams In Kerala vs. The State Of Kerala (2025:KER:14704)
Appearances: Senior Advocate S. Ramesh Babu, Advocate S. Subhash Chand, Senior Government Pleader P. Narayanan, SCGC Krishna T C, Senior Advocate P.B. Krishnan, Senior Government Pleader V. Manu, Advocate N. Krishna Prasad, Advocate Ranjith Thampan, Advocate Nikitha Antony, Advocate P.B. Subramanyam, Advocate Sabu George, Advocate Sudheer Ganesh Kumar R., Advocate Dinesh R. Shenoy.
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