Suo Motu vs The State Of Kerala
2021 Latest Caselaw 1734 Ker

WP(C).No.26906 OF 2016(S)               -1-

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                         &

                    THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

            MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                             WP(C).No.26906 OF 2016(S)

PETITIONER/S:

                  SUO MOTU


                  BY ADV. SUO - MOTU
RESPONDENT/S:

        1         THE STATE OF KERALA
                  REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
                  THIRUVANANTHAPURAM

        2         THE STATE OF KERALA
                  REPRESENTED BY THE SECRETARY , SOCIAL JUSTICE DEPARTMENT ,
                  THIRUVANANTHAPURAM

        3         THE STATE OF KERALA
                  REPRESENTED BY THE SECRETARY , SCHEDULED TRIBES
                  DEVELOPMENT DEPARTMENT ,THIRUVANANTHAPURAM

        4         THE STATE OF KERALA
                  REPRESENTED BY THE SECRETARY , FOOD AND CIVIL SUPPLIES
                  DEPARTMENT , THIRUVANANTHAPURAM

        5         THE DISTRICT COLLECTOR
                  IDUKKI

                  R1 BY SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL
                  R1 BY ADV. SRI.K.K.RAVINDRANATH ADDL.ADVOCATE GENERAL


                 SRI.K.K.RAVINDRANANTH, ADDL.AG FOR RESPONDENTS
                 SRI. TEK CHAND, SR. G.P. FOR RESPONDENTS
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021,
      THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26906 OF 2016(S)            -2-



                        JUDGMENT

Dated this the 18th day of January, 2021

Shaji P. Chaly, J.

The writ petition is registered as a suo motu one, on the basis

of a letter written by Justice B. Kamal Pasha, now a former Judge of

this Court on 25.07.2016, in regard to the difficulties faced by the

tribals in the tribal colonies at Edamalakudy, Idukki District, on the

basis of the representation made by the office bearers of an

organization allegedly registered with the Government of NCT New

Delhi.

2. According to the representation so made, in the monsoon

season, the aforesaid place will become almost isolated; deaths due

to starvation are on the increase on the said tribal colonies and in

fact, no Governmental agencies are visiting the said colonies.

According to the organization represented before the learned Judge,

they have collected around sixty thousand kilograms of rice and

other eatables like pulses etc. However, they were being prevented

to take it to the isolated tribal clusters. Therefore, the said

organization has represented that the negation on the part of the

authorities is nothing but a flagrant violation of right to life of the

poor tribal people. Taking into account the aforesaid aspects only,

the then Registrar (Subordinate Judiciary) of this Court has prepared

necessary details, so as to register a suo motu petition in accordance

with the directions issued.

3. In fact, District Legal Services Authority, Idukki on the

basis of a representation submitted by the inhabitants from the

Edamalakudy tribal settlement area, that they were not sufficiently

provided with a rationing system during the rainy season, conducted

an enquiry into the complaints and accordingly, visited the tribal

settlement area on 26.07.2016, in order to find out the veracity and

truth of the submission so made. Accordingly, a report is filed before

this Court from where it is clear that in the meeting convened on

26.07.2016, various officials of the Government Departments,

including Police officers, participated in the meeting. The team led

by the Secretary, DLSA found various irregularities in the matter of

supply of ration articles; the difficulties faced by the authorities to

transport the ration articles to the tribal colonies due to the difficult

and tough terrains in the hilly area of Idukki District. Anyhow, it is

clear from the report that the food articles collected were distributed

to the tribals in the colony.

4. On the basis of the report, when the case was posted before

this Court, it was being verified as to the developments in ventilating

the grievances of the tribals. In fact, a statement was filed by the

District Collector, Idukki on 05.02.2018 before this Court,

explaining the circumstances under which the tribals are facing

difficulties and the facts and figures thereto. The relevant portion of

the statement so filed are worthy to be extracted in order to identify

the exact situation faced by the tribals and for issuing directions to

do the necessary and needful during periodical intervals, and they

read thus:-

"2. It is submitted that Edamalakudy Panchayat forms part of the Devikulam Taluk in Idukki District. Edamalakudy is a remote place which is at a distance of 45 Kms. from Munnar town out of which a distance of almost 18 Kms. do not have motorable access. It is submitted that from Munnar there is motorable access only up to Pettimudi from where the ration articles that are to be supplied to the tribal colonies are to be carried as head load to reach the colonies.

3. In Edamalakudy Panchayat there are two authorized ration depots (ARD) from which ration commodities are distributed to the Tribals. ARD No. 148 is at Parappayarkudy and ARD No

125 is at Edamalakkudy. Both these ARDs are licensed to Devikulam Girijan Service Society. In ARD No. 125 there are 458 AAY card holders, 2 priority card holders and one non- priority card holder. In ARD 148, there are 122 AAY card holders, one priority card holder and one non-priority card holder. It is submitted that, to both the above ARD's, the ration commodities are supplied from the Munnar Supplyco godown. The ration commodities are transported up to Pettimudi which is 25 Kms. from Munnar in vehicles. From Pettimudi to Parappayarkudy and Edamalakudy ARD's, the ration commodities are carried as head load through a distance of 18 Kms. so as to distribute the ration articles to the Tribal Colonies.

4. It is submitted that to the AAY category as also to the priority category, rice and wheat are distributed free of cost. For each AAY card holder. 28 Kg. rice and 7 Kg. wheat is being distributed free of cost whereas for the priority card holders rice at the rate of 4kg. per member and wheat at the rate of 1 Kg. per member is distributed every month. It is submitted that the above card holders are regularly collecting the ration articles from the depot concerned. It is submitted that it is noticed that the card holders are reluctant to collect wheat as there are no flour mills at Edamalakudy and Parappayarkudy to convert wheat to flour. The possible remedy to this issue is being worked out.

5. To transport the ration articles as head load from Pettimudi to Parappayarkudy and Edamalakudy an amount of Rs. 10.50 is paid per Kg. as labour charges and such expense is met by the

Scheduled Tribe Development Department. It is submitted that 50% of the stock required for supplying to the ensuing month is stocked in the ration depots so as to ensure uninterrupted supply of ration materials to the Tribals. It is submitted that special care is taken by the Civil Supplies Department to ensure the supply of quality ration articles to the Tribals in the required quantity and without any interruption in the supply. It is assured that special care will be taken in future also so that there is no room for any complaint with respect to the distribution of nutritious ration food materials to the Tribal Colony.``

5. Today, when the matter came up for further hearing, Mr.

Tek Chand, learned Senior Government Pleader, on instructions,

submitted that the ration shop bearing No. 125 at Edamalakudy

Panchayat, Idukki District serves the requirements of 458 families.

The said shop is 35 kms from Munnar. There is a road up to 23 kms

from Munnar upto where all vehicles are motorable. Thereafter,

covering a distance of 12 kms, there is a road where only Four

Wheel Drive jeeps can operate.

6. Mr. Tek Chand, learned Senior Government Pleader, further

submitted that there is another ration shop bearing No. 148 at

Parappayarkudy, Idukki District, which is 30 kms from Munnar, of

which all the vehicles can ply up to 24 kms. Thereafter, supplies

from the Civil Supplies Corporation have to be carried on foot.

Learned Government Pleader, further submitted that there is some

difficulty in laying roads in that particular area.

7. Therefore, we are now satisfied that necessary steps have

been taken by the State Government and the Departments, in order

to ensure that the tribals are supplied with sufficient ration articles,

though there are difficulties in transporting the articles. However, it

is clear from the submission made by the learned Senior

Government Pleader that there is still no road to reach the tribal

colonies. Even though steps were taken to make roads by the

Government and the officials, the road so made could not be

completed up to the tribal colonies, which according to the learned

Senior Government Pleader, is due to the fact that making a road

through such a difficult and tough terrain is practically impossible,

but every endeavor shall be made to explore the possibility of

making a small road, in order to transport the ration articles and

other things to the tribals. Be that as it may, no purpose would be

served by keeping the writ petition pending and we are of the view

that it can be disposed of with appropriate directions.

Therefore, this writ petition is disposed of placing on record

the developments that have taken place during the pendency of this

writ petition and further directing the State Government and the

official respondents to ensure uninterrupted supply of ration articles

and any other benefits available under law to the members of the

above specified tribal colonies as and when they are due. We also

direct the State Government and the officials to explore the

possibility of making a road up to the tribal colonies, for facilitating

easy and convenient supply of ration articles and other things

necessary for the basic beneficial enjoyment of the tribals and

ensuring their medical requirements .

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P.CHALY JUDGE Eb

///TRUE COPY/// P.A. TO JUDGE