Thread by @LiveLawIndia

The Kerala High Court will soon consider the case relating to the tragic boat accident at Tanur in Malappuram, that had claimed the lives of 22 people including 15 children

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The matter is before the Division Bench comprising Justice Devan Ramachandran and Justice Shoba Annamma Eapen.

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The Court had sought the details of the port officer in charge of the area, earlier today.

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The matter has been taken up.

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Justice Ramachandran: We are proposing a suo motu action and we have concurrence from acting Chief Justice also

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Justice Ramachandran: We are seeing such incidents happening in years. Every time, large number of lives are lost. In this particular incident, why didn't anyone know that there was overloading happening?

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Justice Ramachandran: There are police officers and others. 22 people died. Children died. And our heart is bleeding. Nobody has fear of law anymore.

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Justice Ramachandran: In any other country, this kind of incident would have sent shock waves. But here it only sends shock waves for one day. We waited yesterday so that rescue operations could go on.

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Justice Ramachandran: Its public money that we are giving, if some people had been held accountable in the past, things would have been different.

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Justice Ramachandran: We are seeing this from prism of 22 families who have lost their loved ones. 22 people have died. Police were not there. No supervision at all. You let the private operator do whatever they want.

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Justice Ramachandran: Even now there are hundreds of boats operating in Kerala. Anything can happen. Our endeavor is to make sure this never happens again. We have Idukki, we have Thattekkad in the past.

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Justice Ramachandran: The lifeless bodies of the children, it has become difficult for us to sleep now. We will not let this be forgotten. That is why we are posting on 12th itself.

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If we don't step in, this will happen again. So we propose to initiate suo motu action. We are in loss for words. It is shocking.

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Justice Ramachandran: We are concerned. Why are these officers silent when all these incidents happen?

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Justice Ramachandran: The main question we want to ask is, every time we give financial assistance, there is nothing to ensure how it is recovered.

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Justice Ramachandran: Has there been any action against any officer for recovery of money to the injured? Let us know, we would like to know.

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Justice Ramachandran: Yesterday the government announced 10 lakhs, it is the least we can do. We commend it. But what after that?

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Justice Ramachandran: We are sure questions are to be asked. We cannot let lives be lost for nothing. The more we speak about it, the more painful it is.

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Bench tells the Counsel appearing for Tanur Municipality that there is a lot to be answered by the Municipality.

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The Court proceeds to dictate the Order.

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Order: It is with shuddering hearts that we pen this order. 22 precious lives have been lost in a boat tragedy at Tanur.

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Order: From the boat that capsized in 1924 drowning Mahakavi Kumaranaasan to Jalakanyaka in idukki killing 45... How many more do we have to see, before we put our foot down.

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Order: Every tragedy triggers routine investigations followed by recommendations, but never to be heeded thereafter.

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Order: The obdurate refusal to follow and to enforce the most basic safety protocols - which are taken for granted in the civilized world - is the most infuriating to say the least.

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Order: More so, since our State has hundreds of boats in tourism and a further such incident though unthinkable is waiting to happen somewhere some place if the present state of affairs is allowed to continue

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Order: Prima facie, had the officer and authorities invested with the vital legal and statutory authority to watch and monitor done so, this mishap, like the several earlier ones, would've never happened.

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Order: Their responsibility...is no lesser if not much more, than that of the operators, since it is because the latter's illegal actions obtained deliberate or other support, that violations are perpetrated with no fear of law.

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Order: The final loss is for the citizens and no other, because instances like this are erased from memory soon.

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Order: Therefore judicial interference becomes necessary, lest the unfortunate loss of lives is forgotten.

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Order: We thus direct the Registry to register a suo motu writ petition in public interest, after obtaining necessary orders from the Hon'ble Acting Chief Justice, to be titled 'In Re Boat Tragedy'.

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Order:...arraying the Govt. of Kerala represented by the Chief Secretary; the District Tourism Promotion Council, Malappuram, represented by its Secretary; the District Police Chief, Malappuram....

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Order: ....Tanur Municipality rep. by its Secretary; Port Officer, Alappuzha; Senior Port Conservator, Beypore; and the District Collector, Malappuram as the initial respondents

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Court orally remarks that it is not including the Maritime Board as a respondent for now.

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Order: District Collector is directed to file his first report in the matter before us on or before 12.05.2023, when this case will next stand listed.

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Order: He will specifically remember that he is being called upon to do so also in his capacity as Chairperson of District Disaster Management Authority.

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Court orally remarks: We saw the involvement of lot of people in the rescue, even before the authorities came in. We must really salute them. This is the true Malayali spirit.

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Order: We close this Order saluting the fine people of Tanur, and beyond who risked their lives in order to save others. List on 12.05.2023.

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Matter will now be taken up on May 12, 2023 at 1.45 P.M.

Hearing ends.

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