Kerala High Court
Suo Motu vs Chief Secretary on 23 February, 2021
Author: Shaji P. Chaly
Bench: S.Manikumar, Shaji P.Chaly
W.P. (C) Nos. 31570/2011, 23126/2015, -1-
19043/2016 & 22286/2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.31570 OF 2011(S)
PETITIONER/S:
SUO MOTU
VARIOUS PETITIONS RECEIVED FROM, SRI.MALAYAN GOPI
AND OTHER TRIBALS RESIDING IN THE, COLONIES OF
THAVALAKKUZHIPPARA,MUKKUMPUZHA,, VACHUMARAN AND
ATHIRAPPILLY PANCHAYATHS IN, THRISSUR DISTRICT
BY ADV. SRI.D.AJITHKUMAR
RESPONDENT/S:
CHIEF SECRETARY
GOVERNMENT OF KERALA,, THIRUVANANTHAPURAM
R1 BY ADV. MADHAVAN KUTTY
OTHER PRESENT:
SRI.K.V.PRAKASHAN SPL. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-
02-2021, ALONG WITH WP(C).23126/2015(S), WP(C).19043/2016(S),
WP(C).22286/2016(S), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P. (C) Nos. 31570/2011, 23126/2015, -2-
19043/2016 & 22286/2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.23126 OF 2015
PETITIONER/S:
KERALA FEDERATION OF WOMEN LAWYERS (EXEMPTED)
AGED 55 YEARS
JUSTICE JANAKI AMMA MEMORIAL HALL, 2ND FLOOR,
EASTERN BLOCK, HIGH COURT BUILDING, HIGH COURT OF
KERALA, REPRESENTED BY ITS SECRETARY N.N.GIRIJA.
THE PETITIONER OCCURING IN THE CAUSE TITLE IS
EXEMPTED AND THE UNDERGIVEN IS MADE AS PETITIONER
KERALA FEDERATION OF WOMEN LAWYERS, JUSTICE JANAKI
AMMA MEMORIAL HALL, 2ND FLOOR, EASTERN BLOCK, HIGH
COURT BUILDING, HIGH COURT OF KERALA, REPRESENTED
BY ITS PRESIDENT SALLY THOMAS CHACKO.
AS PER ORDER DATED 27/06/2016 IN IA.14517/2015.
BY ADVS.
SMT.PRABHA R.MENON
SMT.S.KARTHIKA
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, MINISTRY OF WELFARE
OF SCHEDULED TRIBES, STATE SECRETARIAT,
THIRUVANANTHAPURAM, PIN: 695 001.
2 THE PROJECT OFFICER
INTEGRATED TRIBNAL DEVELOPMENT OFFICE NILAMBUR,
MALAPPURAM, PIN: 679 329.
3 THE DIRECTOR
SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN: 695 033.
W.P. (C) Nos. 31570/2011, 23126/2015, -3-
19043/2016 & 22286/2016
4 THE DISTRICT COLLECTOR
MALAPPURAM, PIN: 676 509.
5 NATIONAL COMMISSION FOR SCHEDULED TRIBES
REPRESENTED BY ITS CHAIRMAN, ROOM NO.309, NIRMAN
SADAN, CGO BUILDING, 52-A, ARERA HILLS, BHOPAL -
462 011.
6 THE CHOKKAD GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, CHOKKAD, MALAPPURAM,
PIN: 679 332.
7 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, SHASTRI BHAWAN, DR.RAJENDRA
PRASAD ROAD, NEW DELHI, PIN: 110 001.
8 THE DIVISIONAL FOREST OFFICER
NILAMBUR, MALAPPURAM, PIN: 679 330.
9 KERALA LEGAL SERVICE AUTHORITY
NIYAMA SAHAYA BHAVAN, HIGH COURT PREMISES KOCHI
692 031, REPRESENTED BY ITS MEMBER SECRETARY
R1, R9 BY ADV. SRI.D.AJITHKUMAR
R1-4, R8 BY SRI. K. V. PRAKASHAN, SPL G.P.
R5, 7 BY SRI. P. VIJAYAKUMAR, ASG
R7 BY ADV. SRI.P.L.VENUKUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-
02-2021, ALONG WITH WP(C).31570/2011(S), WP(C).19043/2016(S),
WP(C).22286/2016(S), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P. (C) Nos. 31570/2011, 23126/2015, -4-
19043/2016 & 22286/2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.19043 OF 2016
PETITIONER/S:
NEETHI VEDHI
AGED 53 YEARS
REPRESENTED BY ITS SECRETARY FR.STEPHEN MATHEW
M.T.C BUILDING, KALPATTA NORTH P.O., WAYANAD
DISTRICT - 673 122
BY ADVS.
SRI.SHAJI THOMAS
SRI.B.RAJESH (KOTTAYAM)
RESPONDENT/S:
1 STATE OF KERALA
REP. BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
2 PRINCIPAL SECRETARY TO GOVERNMENT
MINISTRY OF WELFARE FOR SCHEDULED TRIBES, 2ND
FLOOR, SOUTH BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
3 DIRECTOR
SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, VIKAS
BHAVAN, THIRUVANANTHAPURAM - 695 033
4 THE DISTRICT COLLECTOR
CIVIL STATION, KALPATTA, WAYANAD DISTRICT - 673
020
R1 BY ADV. SRI.D.AJITHKUMAR
R1-4 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-
02-2021, ALONG WITH WP(C).31570/2011(S), WP(C).23126/2015(S),
WP(C).22286/2016(S), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P. (C) Nos. 31570/2011, 23126/2015, -5-
19043/2016 & 22286/2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.22286 OF 2016
PETITIONER/S:
1 KUTTAN GOPALAN
AGED 41 YEARS, S/O.OORU MOOPAN, PANTHAPRA TIBAL
COLONY, MAHATHMA GANDHI TRIBAL SETTLEMENT,
PANTHAPRA, URULANTHANNI PO, KUTTAMPUZHA
PANCHAYATH, ERNAKULAM DISTRICT.
2 RAJU GOPALAN
AGED 49 YEARS, S/O.GOPALAN, PANTHAPRA TRIBAL
COLONY, MAHATHMA GANDHI TRIBAL SETTLEMENT,
PANTHAPRA, URULANTHANNI PO, KUTTAMPUZHA
PANCHAYATH, ERNAKULAM DISTRICT.
3 SHAJI PAYYANIKKAL
KUTTAMPUZHA PO, ERNAKULAM.
BY ADVS.
SRI.K.R.RAJKUMAR
SRI.V.P.PRASAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 SHCEDULE TRIBE DEPARTMENT REPRESENTED BY PRINCIPAL
SECRETARY
THE SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3 HIGHER EDUCATION DEPARTMENT
REPRESETNED BY THE SECRETARY, THIRUVANANTHAPURAM
695 001.
4 THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001.
W.P. (C) Nos. 31570/2011, 23126/2015, -6-
19043/2016 & 22286/2016
5 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM 682 030.
6 THE TRIBAL DEVELOPMENT OFFICER
TRIBAL DEVELOPMENT OFFICE, MUVATTUPUZHA.
7 THE GRAMA PANCHAYATH
KUTTAMPUZHA, REPRESENTED BY ITS SECRETARY,
KUTTAMPUZHA GRAMA PANCHAYATH OFFICE, KUTTAMPUZHA.
686 001.
ADDL.8 M.S RAJU
S/O SUKUMARAN, MURITHOTTATHIL HOUSE, KUTTAMPUZHA
PO.-686681, ERNAKULAM DISTRICT.
ADDL.9 SUSEELA LOUJAN
KANDATHIN KARAYIL VEEDU, URULANTHANNI PO,
PINAMOORKUDI TRIBAL SETTLEMENT COLONY,
KUTTAMPUZHA-686681, ERNAKULAM DISTRICT.
ADDL.10 K.A JOHNSON,
S/O ANTONY, KALAPURAKKAL, KUTTAMPUZHA PO-686681,
ERNAKULAM DISTRICT.
ADDL. RESPONDENTS 8 TO 10 IMPLEADED AS PER ORDER
DATED 22.05.2018 IN I.A. 4653 OF 2018.
ADDL.11 KANNAN MANI,
AGED 48 YEARS,S/O MANI,
PANTHAPRA TRIBAL COLONY, KUTTAMPUZHA KARA,
KUTTAMPUZHA VILLAGE, ERNAKULAM DISTRICT - 686691.
ADDL. RESPONDENT 11 IMPLEADED AS PER ORDER DATED
23.02.2021 IN I.A. 1 OF 2020
R8 - R10 BY ADV. SRI.K.ARJUN VENUGOPAL
R7 BY ADV. SMT.DIVYA C.MOHAN
R1-6 BY SRI. K. V. PRAKASHAN, SPL G.P.
R7 BY ADV. SMT.KRIPA ELIZABETH MATHEWS
R7 BY ADV. SMT.P.F.ROSY
R8-R10 BY ADV. SRI.R.K.RAKESH
R7 BY ADV. SRI.V.M.SYAM KUMAR
R11 BY ADV. A.C.DEVASIA
R11 BY ADV. SRI.MATHEW DEVASSI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-
02-2021, ALONG WITH WP(C).31570/2011(S), WP(C).23126/2015(S),
WP(C).19043/2016(S), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P. (C) Nos. 31570/2011, 23126/2015, -7-
19043/2016 & 22286/2016
JUDGMENT
[ W.P. (C) Nos. 31570 of 2011, 23126 of 2015, 19043 of 2016 and 22286 of 2016 ] Dated this the 23rd day of February, 2021 Shaji P. Chaly, J.
The captioned writ petitions are materially connected in respect of the failure on the part of the State Government to provide required facilities and amenities to the tribals of various tribal colonies in Malappuram, Thrissur, Ernakulam and Wayanad Districts.
2. Periodical orders were being passed in the writ petitions, so as to ensure proper facilities and amenities to the tribals in the colonies in question. Apparently, from the interim orders passed by this Court, it is evident that amenities and facilities were provided by the State Government in different stages, and taking note of the said aspect, when the writ petitions were posted before us on 02.02.2021, we directed the District Collectors to submit separate reports before this Court, explaining the steps taken to redress the grievances of the W.P. (C) Nos. 31570/2011, 23126/2015, -8- 19043/2016 & 22286/2016 tribals and the deficiencies and basic amenities still remaining in the tribal colonies.
3. Accordingly, the District Collectors have filed separate reports through the Special Government Pleader (SC/ST). From the reports, we find that substantial progress was made in providing the amenities and facilities, however, deficiencies are remaining even according to the reports, but has undertaken that whatever remaining deficient would be rectified within a reasonable time. In order to understand the steps taken, the progress made, and the deficiencies remaining, it is better that the reports are recorded in its entirety, which would avoid any complexity in future, while considering the issues in respect of the tribal colonies in question.
4. Statement filed by the District Collector, Thrissur in W. P. (C) No. 31570 of 2011 as directed by this Court by order dated 02.02.2021 reads thus:-
"As directed by this Hon'ble High Court by Order dated 2nd February, 2021, the following status report is being submitted on Developmental activities of Thavalakuzhy Para, Vachumaran and Murkkumpuzha Colonies in Athirappilly Grama Panchayat on the basis of the report made available from the Tribal W.P. (C) Nos. 31570/2011, 23126/2015, -9- 19043/2016 & 22286/2016 Development Officer the District Scheduled Tribes Development Department.
A. Thavalakuzhippara Colony:
There are 41 Scheduled Tribe families residing in this colony who belong to Malaya Community. The following projects are implemented for the well-being of the Tribal in this colony.
1. House Out of 41 Houses 38 are habitable and three new families are living in the sheds. Out of these three, two are included in the Life Mission housing scheme. Necessary steps will be taken for including the other one in the next Life Mission Housing scheme.
2. Drinking Water Drinking water facility is available in the colony connecting with an electrical motor supplying pipe water lines to each house.
3. Electricity 30 Houses in the colony are having electric connection. Wiring is completed in five houses and in three houses wiring have not been completed. Necessary action will be taken for getting connection.
4. Electrical Fencing In order to prevent wild animals damaging the cultivation, there W.P. (C) Nos. 31570/2011, 23126/2015, -10- 19043/2016 & 22286/2016 are electrical fencing facilities available and maintenance of the same is being done by the Forest Department.
5. Street Light Street light facilities are available and it is maintained by Athirappilly Grama Panchayath. Directions were given to the Grama Panchayath for proper maintenance.
6. Medical Facilities The nearest Primary Health Centre is 28 kms. away from the colony and Taluk Head Quarters Hospital is 55 kms. away. So, Mobile Medical Unit visits are made available twice a month and medical camps i.e. 'Allopathic and Ayurvedic' are conducted by the Grama Panchayath and Malakkappara OP Clinic under the Tribal Department.
7. Anganwadi Anganwadi is functioning in a well and satisfactory manner.
8. Roads Road construction was completed with the help of NABARD. It was inaugurated by Hon. Minister Mr. A.K. Balan on 14th January 2017 itself and thereafter inner roads construction done under the MPLADS scheme with District Panchayath Funds. 400 meters of inner roads are to be constructed. There is a project which was tendered by Grama Panchayath in cooperation with MGNREGA.W.P. (C) Nos. 31570/2011, 23126/2015, -11-
19043/2016 & 22286/2016
9. Food Support Scheme The Food Support Scheme is implemented for the monsoon season for every year. The food grains have been supplied to all the inhabitants in the colony for 3 months in the financial year 2020-21. The Food grains have been supplied to the inhabitants during April and May 2020 during Covid-19 pandemic and also food grains supplied to scheduled tribe persons above 60 years and scheduled tribe families who are under quarantine due to Covid - 19.
The details of the food items supplied is detailed below:
Sl. ITEM QUANTITY
No.
1. Green gram/Lobia 1 Kg
2. Sugar 1 Kg
3. Tea 250 gm
4. Chilly 250 gm
5. Coconut oil 1 Ltr
6. Thoordhal 250 gm
7. Bengal gram 1 Kg
8. Chilly powder 250 gm
9. Turmeric powder 250 gm
10. Mustard 200 gm
11. Salt 1 Kg
12. Coriander powder 250 gm
Three stage distributions have already been completed and the fourth stage supply will be effected soon.
B. Vachumaram Colony W.P. (C) Nos. 31570/2011, 23126/2015, -12- 19043/2016 & 22286/2016 There are 59 Scheduled Tribe families residing there in which 46 belong to Kadar community and 13 families to Malayan Community.
1. House Out of 46 Kadar families, 36 are living in habitable houses and 10 new families live with their parents. 13 Malayan families are living in moderate houses.
2. Drinking Water There is a drinking water facility through a bore well. An open well has already been made in the colony. A request is given to the Executive Engineer of KWA Irinjalakuda for preparing an estimate for the drinking water project.
3. Electricity 49 Houses are having electric connection.
4. Electrical Fencing Electrical fencing is functioning properly.
5. Street Light Street light facilities are available and it is maintained by Athirappilly Grama Panchayath. Directions were given to the Grama Panchayath for proper maintenance of the same.
6. Medical Facilities W.P. (C) Nos. 31570/2011, 23126/2015, -13- 19043/2016 & 22286/2016 The nearest Primary Health Centre is 25 kms. away from the colony and Taluk Head Quarters Hospital is 52 kms. away. So, Mobile Medical Units are visiting the colony once in a month apart from Malakkappara OP clinic functioning under Tribal Department.
7. Anganwadi An Anganwadi is functioning in the new building constructed by the Block Panchayath since 2017.
8. Road There are good road facilities in the colony.
9. Food Support Scheme The Food Support Scheme is implemented for the monsoon season, every year. The fund has been allocated for the supply of food grains to the inhabitants.
The details of the food grains are given below:
Sl. No. ITEM QUANTITY
1. Green gram/Lobia 1 Kg
2. Sugar 1 Kg
3. Tea 250 gm
4. Chilly 250 gm
5. Coconut oil 1 Ltr
6. Thoordhal 250 gm
7. Bengal gram 1 Kg
8. Chilly powder 250 gm
W.P. (C) Nos. 31570/2011, 23126/2015, -14-
19043/2016 & 22286/2016
9. Turmeric powder 250 gm
10. Mustard 200 gm
11. Salt 1 Kg
12. Coriander powder 250 gm
At present three stage distributions have already been completed and the fourth stage supply will be effected soon.
10. Community Hall A Community hall was built in the colony very recently.
C. Mukkampuzha Colony There are 20 families residing in this colony who belong to Particularly Vulnerable Kadar Community in the Vazhachal Forest Range.
1.House Out of 20 Houses, 13 are habitable. 7 families are included in the new House Construction Scheme for the year 2016-17 of the Scheduled Tribe Development Department. Out of 7 Houses, 4 owners have executed the agreement and accepted the first installment of payment for the house construction.
2. Drinking Water A bore well has been constructed under the drinking water scheme of the Tribal Development Department. From this, the water is pumped into the water tank by using an electric motor and drinking water is supplied to each house through a pipe line.
W.P. (C) Nos. 31570/2011, 23126/2015, -15-19043/2016 & 22286/2016 A detailed drinking water project will be included in Ambedkar Settlement Scheme 2019-20.
3. Electricity 12 Houses in this colony are having electric connection. Electric connection could not be given to 4 houses as nobody is residing there. The inhabitants of the colony are meeting their livelihood by collecting resources from the forest. Hence, they are not staying regularly in their home in the colony. However, arrangements are being made to give the electric connection to these houses co-coordinating with the Grama Panchayath and KSEB.
4. Electrical Fencing Electrical fencing in the colony is functioning well, presently.
5. Medical Facilities The nearest Primary Health Centre is 22kms away from the colony and Taluk HeadQuarters Hospital is 49 kms. away. So, Mobile Medical Unit visits are made available twice in a month and medical camps are conducted by the Malakkapara OP Clinic.
6. Road Road facilities are available up to the Colony. There is 450 meters Concrete Road from the Main Road and thereafter 450 W.P. (C) Nos. 31570/2011, 23126/2015, -16- 19043/2016 & 22286/2016 Meter mud road (Jeep facility) to the colony.
7. Food Support Scheme The Food Support Scheme is implemented for the monsoon season for every year. The food grains have been supplied to all the inhabitants in the colony for 3 months in the financial year 2020-21. The Food grains have been supplied to the inhabitants during April and May 2020 during Covid-19 pandemic and also food grains supplied to scheduled tribe persons above 60 years and Scheduled Tribe families who are under quarantine due to Covid- 19.
The details of the food supplied is detailed below:
Sl. No. ITEM QUANTITY
1. Green gram/Lobia 1 Kg
2. Sugar 1 Kg
3. Tea 250 gm
4. Chilly 250 gm
5. Coconut oil 1 Ltr
6. Thoordhal 250 gm
7. Bengal gram 1 Kg
8. Chilly powder 250 gm
9. Turmeric powder 250 gm
10. Mustard 200 gm
11. Salt 1 Kg
12. Coriander powder 250 gm
At present three stage distributions have already been completed and the fourth stage supply will be effected soon.
8. Soil Conservation project W.P. (C) Nos. 31570/2011, 23126/2015, -17- 19043/2016 & 22286/2016 A detailed 6 lakh Rupees Project for soil conservation is completed in Mukkampuzha colony under 2017-18 Adiyapaniya package of Tribal Department. Mukkampuzha colony is selected in 2019-20 under Ambedkar Settlement Project (1 Crore). All other infrastructure insufficiencies of the colony will be solved under this scheme."
5. Statement filed by the District Collector, Malappuram in W. P. (C) No. 23126 of 2015 as directed by this Court by order dated 02.02.2021 reads thus:-
"This Statement is filed as directed by this Honourable Court as per order dated 02.02.2021. Statements were filed in the above Writ Petition reporting the state of affairs in the colony, first of which was submitted on 28.09.2015 by the 2nd Respondent, the Project Officer, Integrated Tribal Development Project. Another Affidavit was filed by the same Officer on 16.08.2017. It is submitted that Chenappady Kattunaikka Colony is situated at Chokkad Grama Panchayath of Kalikavu Block Panchayath in Malappuram Dist. In this Colony, a total of 42 people are living which includes 9 families and 2 sub families. (Including 1 single member). In the year 2014, as per the project 'Ashikkunna Bhoomi Adivasikku Swantham' 2 acres 36.25 cents was purchased for 9 families each family getting 26.25 cents. The property was Purchased by the Government and the above 9 families and 2 sub-families are living happily with the following facilities.W.P. (C) Nos. 31570/2011, 23126/2015, -18-
19043/2016 & 22286/2016
i) Construction of house and other infrastructure facilities:
In Chenappady colony 26.25 cents of land each was given to 11 families. An amount of Rs.3.5 lakhs each were given for constructing houses in the respective plots. An amount of Rs. 3,87,500 was utilized for the construction of houses. Construction of all the 11 houses was over and all families started living in their respective houses.
ii) Construction of Drinking Water facilities:
A sum of Rs.9.9 lakhs was allotted to the Chokkad Grama Panchayath from the corpus fund for constructing wells, installing electric motors and pipeline in the rehabilitated area therein for the purpose of getting uninterrupted flow of drinking water for the inhabitants. The work was completed on 03/05/2018 and all the 11 families get sufficient water.
iii) Electrification After the construction of houses electric lines have been drawn to each house, wiring was done therein and thus all the 11 houses in the colony are now electrified.
iv) Construction of Food path 400 meter of mud road is the only accessibility to reach the rehabilitated colony after tar road. A sum of Rs.4.95 lakhs was W.P. (C) Nos. 31570/2011, 23126/2015, -19- 19043/2016 & 22286/2016 allotted to the Chokkad Grama Panchayat from the corpus fund of 2016-17 for paving interlock bricks in the foot path and the work was completed on 11/12/2017.
v) Supply of food grains Under the Food Support Scheme, Government supplied the following food items to the residents in the colony from June to September ie, Red Cow Peas (Vanpayar)-1Kg, Bengal gram (Kadala)- 1Kg, Tea dust- 250gm,Sugar 1 kg, Dried chillies, Coconut Oil 1 Ltr, Peanuts 250g, Chilli Powder 250g, Turmeric powder 250g, Mustard 200g, Salt 1Kg, Coriander powder 250g.
Ration shop is situated one kilometer away from the rehabilitated Paruthipattu area. Through this ration shop, each family is availing 35 Kg of rice every month free of cost. In addition to the above, the Government has also provided free food kits till April 2021. Also, all families in this colony were issued labour cards under the Rural Employment Guarantee Scheme.
vi) Medical Facilities:
Mobile medical units are functioning under the Ministry of Health Service for extending medical facilities to the Scheduled Tribes families in this district. In addition to the above, a mobile medical unit is also successfully functioning under the Health Scheme of Scheduled Tribes Department in association with Kerala Medical service Corporation. There is also a primary health centre located in Pedayanthal which is just 2 Kilometers W.P. (C) Nos. 31570/2011, 23126/2015, -20- 19043/2016 & 22286/2016 away from the rehabilitated Paruthipattu area. It is respectfully submitted that free medical treatment is available to all Scheduled Tribes members in all the district hospitals and medical colleges in the state under the comprehensive Health care Project.
vii Education:
There is an Anganvadi functioning in Paruthipattu where the Chenappady Colony residents were rehabilitated. A Lower Primary School is functioning at Chokkad which is just 1 Kilometre away from Paruthippatta, and a Higher Secondary School in Pullangode which is 3 Kilometres away. In addition to the above, a model residential school is functioning at Nilambur under the Scheduled Tribes Development Department for Children belonging to Kattu Naikan and Cholanaikkan community. Students from this colony are studying in that residential school also.
viii. Services of Promoters:
Services of the Promoters appointed specifically for the welfare of Scheduled Tribes families in Chokkad Grama Panchayath are available for the residents of this colony."
6. Statement filed by the District Collector, Wayanad in W. P. (C) No. 19043 of 2016 as directed by this Court by order dated 02.02.2021 reads thus:-W.P. (C) Nos. 31570/2011, 23126/2015, -21-
19043/2016 & 22286/2016 "Following status report is filed as directed by this Hon'ble Court by interim order dated 2.2.2021.
HOUSE CONSTRUCTION Regarding the housing problems in Mananthavady Taluk, steps have been taken to complete the construction of 209 houses sanctioned before the year 2016 and the construction of which were incomplete, by including the same in the Phase I of the LIFE scheme of the State Government and they are in the final stage. Out of the above 209 cases, construction of 196 houses were completed and are ready for occupation. The construction of 4 houses which were rendered uninhabitable due to the deluge of 2018 are in progress.
In addition to this, during the period 2016-17, 432 houses have been sanctioned under the various Housing Schemes of ITDP in Thavinhal Grama Panchayat. Out of these, construction of 97 houses have been completed and 157 houses have reached the roof stage. Thus, 254 beneficiaries have been provided with dwelling houses and other facilities. The families who have lost land and houses in the deluge of 2018 have been provided with land and the construction of house buildings in that land are in progress.
Under Vythiri Taluk during the year 2015-16, 726 houses were sanctioned for construction through ATSP Housing Scheme, out of which construction of 51 houses were completed W.P. (C) Nos. 31570/2011, 23126/2015, -22- 19043/2016 & 22286/2016 and the remaining 675 unfinished houses were included in the LIFE Mission Housing Scheme for completing the construction. Out of the above construction of 138 houses have been completed. The rest are in progress. An amount of Rs.2 Crores was allotted to all the Grama Panchayats in Wayanad District towards repairing the roof of leaky houses in Wayanad district during 2016-17 and among them the roofs of 500 houses were repaired.
From the Scheduled Tribes Development Department, 933 houses have been sanctioned in the year 2016-17 to houseless families in Vythiri Taluk. Out of the above, construction of 176 houses have been completed.
Under Sulthan Bathery Taluk during the year 2015-16 total 850 houses were sanctioned, through the ATSP housing scheme. Out of this 201 houses were completed and the 649 incomplete houses were included in 1st phase of LIFE Mission Scheme, in which 167 houses have been completed. The rest are under construction. During the year 2016-17 total 1909 houses have been sanctioned to homeless families in Sulthan Bathery Taluk through various schemes. Out of this, 450 houses have been completed so far. The rest are under construction.
DISTRIBUTION OF LAND Out of 3595 landless families in the district, 458 families have been allotted land and houses. In Vythiri Taluk 185 more houses have been allotted under TRDM scheme. Land and W.P. (C) Nos. 31570/2011, 23126/2015, -23- 19043/2016 & 22286/2016 houses for the remaining families will be granted under the Land Bank and under the scheme of the distribution of vested forest.
Under Mananthavady Taluk 42 landless families have been given land in Valad and 21 were given at Periya vested forest land. As per the Forest Rights Act, action has been taken to provide lands for 69 landless families.
Under Sulthan Bathery Taluk 20 Tribal families have encroached and settled in the land owned by the Forest Department in Avayal colony of Meenangadi Panchayath. Out of the above, 8 families have been allotted 10 cents of land each and Sanctioned houses from the office of the Tribal Development Officer and the remaining 12 families have been included in the additional list of landless families for LIFE Mission Scheme.
FAMILIES WITHOUT TOILETS Most of the beneficiaries are now living as joint families. They have no objection in residing in their present house till a new one is allotted. As per the Swachh Bharat Project under the Sanitation Mission, the Wayanad District has got Open Defecation Free (ODF) status as all the tribal families who do not have toilets have been provided the same during 2017-18. The KSEB has provided electricity connection through Prime Minister's complete electrification project to all the BPL families in Wayanad district who do not have electricity. The basic minimum facilities for all the families have been ensured in this District."
W.P. (C) Nos. 31570/2011, 23126/2015, -24-19043/2016 & 22286/2016
7. Statement filed by the District Collector, Ernakulam in W. P. (C) No. 22286 of 2016 as directed by this Court by order dated 02.02.2021 reads thus:-
"1. Above writ petition is filed by the petitioners praying for a direction to the respondents to initiate positive action in establishing a Government Arts and Science College in Kuttampuzha Panchayat. Reports were called for by the Government from different Departments in this regard and the matter was considered in detail after having consultation with the Finance Department. Due to the financial constraints Government have decided not to start any new college now either in the aided or in the Government Sector as per Government Order G.O.(Rt) No. 109/2018/H/Edn. dated 12.01.2018. a copy of the said Government Order has already been produced before this Hon'ble Court with a statement dated 17th January, 2018 by the Learned Special Government Pleader (SC/ST), Sri.K.V.Prakashan as Annexure R1(a).
2. It is submitted that 1400 families are living in 14 scheduled caste colonies in Kuttampuzha Panchayath in Ernakulam District. For the educational upliftment of the Tribals there are 3 High Schools and 2 UP Schools in Government Sector and a CBSE School under Private Management are functioning. There are 2 Pre-metric Hostels for boys that are also functioning for the residential purpose of students. The following statistics shows the number of Post-metric students from Kuttampuzha W.P. (C) Nos. 31570/2011, 23126/2015, -25- 19043/2016 & 22286/2016 Panchayat studying in various parts of the States.
Course No. of Students Those who are
availing hostel
facilities
+2/ related courses 132 119
Degree 56 51
Post Graduation 13 12
About half of the colonies out of 14 numbers in Kuttampuzha Panchayat have not facilitated public conveyance. It will be not practical for the students to travel to and fro, even if the Government starts a college in Kuttampuzha Panchayat. Moreover hostel facilities have to be provided attached to the college. Tribal Development Department of the State aims at the integrated growth of Scheduled Tribe students in the rural area. And for this purpose the Department directly runs Government Model Residential Schools in various districts of the States. All the educational concessions and grants are provided to students studying in post-metric courses of various levels. Constructing a college in Kuttampuzha Panchayat exclusively for the Schedule Tribe students is not practical as it will restrict the students from mingling with others and in exchanging the culture. Hence it is better to provide more facilities to Tribal students from Kuttampuzha who get admission in courses of their choice and interest and wherever they prefer and allow them to mingle with culture outside the colony. It is reported that, it will be more fruitful if they are permitted to get entry in hostels where more facilities are available.``
8. On a reading of the reports, it is clear that though substantial W.P. (C) Nos. 31570/2011, 23126/2015, -26- 19043/2016 & 22286/2016 steps were taken in order to ensure basic amenities and facilities to the tribal people, still, certain basic amenities are remaining to be provided to the tribals of the colonies in question, which is clear from the extracted reports.
a) One such deficiency is in regard to sufficient houses for the tribals, which is actually undertaken to be completed under the Life Mission Scheme and other Schemes available, for protection of the tribal colonies and tribals.
b) We also find that since medical facilities are not available very near to the tribal colonies and Primary Health Centres and other hospitals are situated sufficiently far from the tribal colonies, mobile medical units are provided to the tribals which shall be rendered without fail.
c) However, we make it clear that if there is any emergent requirements of the tribals, necessary vehicular facilities shall be arranged to the tribals, without fail, in order to reach the nearby Primary Health Centres or hospitals.
d) We also make it clear that all facilities and amenities W.P. (C) Nos. 31570/2011, 23126/2015, -27- 19043/2016 & 22286/2016 available as per the schemes shall be provided to the tribals without fail.
e) The fund available for distribution among the tribals under any scheme shall be paid to them, without fail, and if arrears are there, it shall be paid within 30 days from today.
f) We are also informed that the tribal children find it difficult to attend online education due to want of sufficient equipment like T.V., mobile phones, laptops etc and therefore necessary arrangements shall be made without fail at the earliest .
g) In an earlier batch of writ petitions, when the tribals and others approached this Court, placing the difficulties to attend online classes, we issued directions to ensure that no children are left out from the purview of the online classes, by providing sufficient equipment to such tribal children also. The said direction should be strictly applicable to these cases and all necessary arrangements shall be made to ensure that the children are provided with sufficient equipment, in order to attend online classes.
h) Though we are informed that roads accessible to the tribal W.P. (C) Nos. 31570/2011, 23126/2015, -28- 19043/2016 & 22286/2016 colonies are made by the Government, the Government is to ensure that the roads already formed shall be maintained, without fail, in order to avoid any difficulties to the tribals, especially to meet the emergent situations like hospitalization and other medical emergencies.
i) We also make it clear that the funds available under various schemes to the tribals, shall not be diverted in any manner, and the funds available accordingly, shall be utilized only for providing required amenities and facilities to the tribals.
j) The Government shall also take steps to upgrade the Primary Health Centres and hospitals, so as to meet up with the requirements of the tribals.
k) The Government and the District Collectors shall ensure that whatever deficiencies remaining in the colonies, discernible from the reports extracted above, shall be rectified within a period of three months, and shall submit a report before this Court, within a month thereafter.
We also make it clear that any violation of the directions would W.P. (C) Nos. 31570/2011, 23126/2015, -29- 19043/2016 & 22286/2016 be dealt with seriously, and this Court will be constrained to initiate contempt action against the appropriate officials, since we find that W. P. (C) No. 31570 of 2011 was a suo motu writ petition registered by this Court, on the basis of petitions received from a tribal namely Malayan Gopi, and other tribes residing in the tribal colonies of Thavalakkuzhippara, Mukkumpuzha, Vachumaram and Athirappilly panchayats in Thrissur District.
The writ petitions are disposed of with the above directions.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE W.P. (C) Nos. 31570/2011, 23126/2015, -30- 19043/2016 & 22286/2016 APPENDIX OF WP(C) 23126/2015 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RECEIPT ISSUED FROM THE OFFICE OF THE MINISTER FOR WELFARE OF SC AND BC AND TOURISM, DATED 9/3/2015 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION ADDRESSED BY THE PETITIONER BEFORE THE 7TH RESPONDENT, DATED 19/5/2014.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 30/6/2015 ISSUED BY THE 5TH RESPONDENT W.P. (C) Nos. 31570/2011, 23126/2015, -31- 19043/2016 & 22286/2016 APPENDIX OF WP(C) 19043/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT - P1 TRUE PHOTOCOPY OF THE NEWS REPORT THAT APPEARED IN MATHRUBHOOMI DAILY ALONG WITH ITS ENGLISH TRANSLATION DTD 26.2.2016 EXHIBIT - P2 TRUE PHOTOCOPY OF THE NEWS REPORT THAT APPEARED IN MATHRUBHOOMI DAILY DATED 27.02.2016 ALONG WITH THE ENGLISH TRANSLATION.
EXHIBIT - P3 TRUE PHOTOCOPY OF THE NEWS REPORT IN MADYAMAM DAILY DATED 30.01.2016 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT - P4 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.03.2016 SUBMITTED TO THE 2ND RESPONDENT EXHIBIT - P5 TRUE PHOTOCOPY OF THGE REPRESENTATION DATED 15.03.2016 SUBMITTED TO THE 3RD RESPONDENT W.P. (C) Nos. 31570/2011, 23126/2015, -32- 19043/2016 & 22286/2016 APPENDIX OF WP(C) 22286/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT - P1 TRUE COPY OF THE G.O. (MS) NO.
218/11/H.EDN DATED 12.09.2011 EXHIBIT - P2 TRUE COPY OF THE REPORT MADE BY DY.
DIRECTOR OF HIGHER EDUCATION IN THE YEAR 2014.
EXHIBIT - P3 TRUE COPY OF THE COPY OF THE JUDGMENT IN WP (c) 24323 OF 2015 EXHIBIT - P4 TRUE COPY OF THE COMMUNICATION UNDER RTI REQUEST DATED 09.03.2016 EXHIBIT - P5 TRUE COPY OF THE GO (MS) NO. 30/16/H.EDN DATED 09.02.2016 EXHBIT - P6 TRUE COPY OF THE LETTER RECEIVED ON THE RTI APPLICATION DATED 11.02.2016.