Natarajan K.M. vs State of Kerala, Secretary, Department of Scheduled and District Collector

A.K. Basheer, J.—Petitioner who claims to be the President of Anappantham Adivasi Samrakshana Samithi has filed this Writ Petition praying for the following reliefs:

i. to issue a writ of mandamus directing the 1st respondent to provide 5 acres of land to each tribal families in Anappantham Tribal Colony by virtue of agreement entered into by the Government of Kerala with the Tribal Union in 2001 and to direct the respondents to complete the distribution proceedings in a time bound manner;

ii. to issue a writ of mandamus directing the respondents to provide Rs. 5 lakhs and Rs. 2= lakhs respectively to the legal heirs of the deceased mother and child namely Sarada and Saritha who are the victims of land slide occurred in Anappantham Tribal Colony under the public law remedy;

iii. to issue a writ of mandamus directing the respondents to provide drinking water and solar light facilities to the Tribals in the Tribal hamlet at the Chelankayam, Anappantham;

iv. to issue a writ of mandamus directing the respondents to establish Government schools from Standard 1 to Higher Secondary in the vicinity of Anappantham Tribal Colony, Chelankayam, Anappantham;

v. to issue a writ of mandamus directing the respondents to provde the vehicular facility of a jeep, for the to and fro travelling of the tribals from Anappantham to Vellikulangara town;

vi. to issue a writ of mandamus directing the respondents to provide employment to the Tribal women belonging to Anappantham Tribal Colony as per the Village Employment Guarantee Act at least for 100 days in every year;

vii. to issue a writ of mandamus directing the respondents to disburse the monthly pension to the widows, old aged and physically disabled tribals in the Anappantham Tribal colony, Chelankayam, Anappantham;

viii. to issue a writ of mandamus directing the respondents to provide sanitation facilities to the tribals at Anappantham colony, Chelankayam and to open a primary health centre and ration shop in the vicinity of the tribal colony at Chelankayam, Anappantham;

When this Writ Petition was taken up for consideration on July 23, 2009, this Court had directed the District Legal Services Authority, Thrissur to ascertain whether eligible quota of rationed articles is being supplied to the families of Adivasies. Pursuant to the above direction, the District and Sessions Judge, Thrissur had filed his report after visiting the area on August 22, 2009. Earlier the District Judge had filed yet another report dated May 29, 2009 adverting to the various deficiencies and also highlighting the living conditions of these unfortunate people.

The learned Special Government Pleader was thereafter directed to file an action taken report in the matter in the light of the reports given by the District and Sessions Judge. In his latest report dated September 17, 2009 the Under Secretary in the Scheduled Caste and Scheduled Tribe Department under the Government has narrated the various steps taken by the Department to alleviate the grievance of the Adivasies living in the 68 Tribal families.

We do not propose to refer to the various steps taken by the Department in this regard in the light of the two reports of the District and Sessions Judge referred to above. Suffice it to say, we are prima facie satisfied that adequate steps have been taken to address the immediate problems that are being faced by the Tribal people.

However, it must be ensured by the Department that Food Support Programme is implemented every year during the lean season by providing work and wages to the tribal people, apart from maintaining regular supply of rationed articles like rice, green gram etc. Appropriate action shall be taken against delinquent officials as indicated in the Action taken report. Other suggestions made by the District Judge shall also be considered for implementation. The District and Sessions Judge, Thrissur shall visit the Tribal area at least once in three months and file his report before this Court. A copy of the report shall be forwarded to the Secretary, Scheduled Caste and Scheduled Tribe Department for necessary action in the matter.

It is made clear that it will be open to the petitioner to approach this Court at a later stage, if situation so warrants.

With these directions/observations, the Writ Petition is closed.