Kerala High Court
Jobish Tharani @ Jobish Joseph vs State Of Kerala on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 3rd day of November 2021 / 12th Karthika, 1943
WP(C) NO. 1591 OF 2018
PETITIONER:
JOBISH THARANI @ JOBISH JOSEPH ,AGED 38 YEARS AGED 38 YEARS,
S/O.THARANIYIL IYPE T.V. THARANIYIL HOUSE,P.O.ARIKUZHA, THODUPUZHA
685608
RESPONDENT:
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001
2. THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM 695001
3. THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM 695001
4. THE SECRETARY TO GOVERNMENT, TRIBAL DEVELOPMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695001
5. THE TRIBAL DEVELOPMENT OFFICER ,ADIMALY, IDUKKI 685561
6. THE CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM, 695001
7. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, PAINAVU,
IDUKKI 685001
8. THE DIVISIONAL FOREST OFFICER ,MUNNAR, IDUKKI DISTRICT, 685512
9. EDAMALAKUDI GRAMA PANCHAYAT, EDAMALAKUDI, REPRESENTED BY ITS
SECRETARY 685512
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to consider and pass orders on
Exhibit P5, pending disposal of this writ petition
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
02/09/2021 and upon hearing the arguments of SRI.JOBISH THARANI @ JOBISH
JOSEPH (Party-In-Person) for the petitioner and GOVERNMENT PLEADER for R1
to R8 and of Sri. V. Sethunath, advocate for R9, the court passed the
following:
P.T.O
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
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W.P.(C) No.1591 of 2018
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Dated this the 3rd day of November, 2021.
ORDER
S. MANIKUMAR, CJ
Pursuant to our directions dated 02/09/2021, a consolidated
statement dated 2.9.2021 has been filed by the Tribal Development
Officer, Adimali, Idukki District - respondent No.5, wherein it is stated
thus:
" 2. As per the Order of Kerala State Human Rights Commission in
HRMP No.9402/2016 dated 07.08.2017, various Government
Departments have taken steps for the development and welfare of
the inhabitants of Edamalakudi tribal Edamalakuddy, the major Tribal
settlement is comprises to 24 other minor settlements around 25 km
away from Munnar. The road is of 7.2 km distance from Pettimudy
one minor settlement Edalipparakkudi, another settlement. Taxi
Vehicles (four wheel drive) have been used by the tribal for
transportation upto Edalipparakudi. From there people usually goes
by pedestrians to various settlements. Government have accorded
sanction for the Integrated Development of "Edamalakkudy Tribal
Settlements" and thus allotted an amount of 10.35 Cores vide G.O.
(MS) No.03/2013/SCSTDD, dated 07.12.2013 State Forest
Development Agency for implementation of various schemes for the
overall development of Edamalkkudy, which includes construction of
houses, road and allied development activities. The main component
of the Edamalakkudy package is the construction of road from
Pettimudy to Edalipparakkudy at a distance of 7.2km. But the
construction works not completed till date. The road works have
started Sectioning works, installation of stones, a bridge across
periyathodu have been completed so far. A revised proposal was
submitted by the Forest Department for the construction of road
works at cost of Rs. 10,24,06,000 is under the consideration of the
Government.
3. Ordinary two medical camps are organized every month in
Edamalakkudi and Special Medical Campus are also conducted by the
Health Department in every three months. The construction and
electrification of the building for Primary Health Centres in
Edamalkkudi and Chattamunnar have been completed. The centres
have fully equipped to start functioning. The centres will start function
after the appointments are done to the sanctioned posts. A Health Sub
Center is functioning in Societykudy where 3 NHRM nurses and a
palliative nurse are working for providing services. Three posts for
Medical officers have been sanctioned by the Government for the
Primary Health Centre. Awareness classes are organizing every month
to make the inhabitants of the colony aware of health and sanitation.
Homeo, Allopathy and Ayurveda Clinics are functioning into
settlements there. No Ambulance facility is providing now.
4. The Scheduled Tribes Development Department has allotted
fund to Forest Department to purchase two jeeps for the purpose of
transportation of inhabitants of Edamalakudi. As such the service of
the two vehicles is available to the inhabitants. But unfortunately one
of them was damaged during the Pettimudy Landslide. However the
transportation being arranged with another Vehicle. These activities
are fully under the control of Forest Department.
5. Supply of ration articles is done regularly through
Develikulam Girijan Co-operative society from the two ARD's which
are functioning in Edamalakudi. The supply of nutritious food to the
children is done by Women and Child Department Anganvadies. Food
support programme is also implemented to the tribal families by the
Scheduled Tribes Development Department. In utmost all the houses,
there have been done sanitation facilities. 7 water supply schemes
were completed in the area and is used for the same purpose. The
benefit of the scheme Janani Raksha is given to those who are
pregnant, Rs.2,000/- per month is being given to the pregnant
women for 18 months for their health care. In total, they are
enjoying the benefits of the schemes run by this department.
Construction of houses were done by 'Vana Samrakshna Samithi'
themselves under the supervision of Forest Department. There are
three Single Teacher Schools and one school are functioning in this
area and 10 Anganvadis also.
6. Government have considered Edamalakkudy with top
priority. A meeting was held by the Hon'ble Chief Minister of Kerala
on 13.03.2017 to discuss and finalise the programmes to be
implemented for the development of Edamalakuddy Tribal Area.
On the basis of the above meeting various schemes were proposed
for the overall development and welfare of the inhabitants in
Edamalakuddy. Subsequently Government Orders were issued in
G.O(MS) No.32,2017/SC STDD dated 27.04.2017 directing various
departments to carry out the decisions in the said meeting. As per
the above G.O., the Tribal Development Officer had taken the
following steps:
The proposal for the upgradation of LP. School to U.P School has
already put in the attention of General Education Department
through the Director, Scheduled Tribe Development Department.
The Tribal Department has already started two hostels
(Boys/Girls) accommodate students of Edamalkudi range. The
student from Edamalakudi are studying in various MRS/Schools
outside the region and examining the viability of starting MRS in
Edamalakkudy, but could not acted upon due to number of non
feasible factors. However Tribal Development Department has
extended all the facilities which are available in their MRS/Hostels
to the school going students of there. A mechanism for collection
and marketing of Minor Forest Products of the inhabitants is
functioning with the co-operation of VSS/Forest Department.
7. Sub Collector, Devikulam has been appointed as the
Special Officer, who coordinates the development activities of
various Government departments. Sub Collector, Devikulam
reported that proceedings were started for the installation of
mobile tower to ensure mobile Internet facilities in Edamalakudi
tribal area. Sub Collector also reported that direction was given
to the Secretary Grama Panchayat, Munnar to find out a suitable
place for the collection and marketing of forest products of tribal.
Forest Right Act can be implemented only with the cooperation of
inhabitants of Edamalakkudi."
2. Going through the averments, we find that construction of a road
from Pettimudi to Edalipparakkudy at a distance of 7.2k.ms., is not
completed till date. However, it is stated that works were started viz.,
sectioning works, installation of stones and a bridge across Periyathoud, is
stated to have been completed.
3. Though, a revised proposal is stated to have been submitted by the
Forest Department for the construction of the road, at the cost of
Rs.10,24,06,000/-, which is stated to be under the consideration of the
Government, no details have been furnished as to when the revised proposal
was submitted by the Forest Department; since when the matter is under
consideration of the Government; stage of the proposals etc.
4. Though, at paragraph No.3 of the consolidated statement dated 14 th
September, 2021, it is further stated that a Health Sub Center is functioning
in Societykudy, where three NHRM nurses and a palliative nurse, are stated
to be working and further stated that three posts of Medical Officers have
been sanctioned by the Government for the Primary Health Centre, here
again, no details have been furnished as to when the three posts of Medical
Officers have been sanctioned by the Government for the Primary Health
Center, the steps taken by the Government or the concerned authority to fill
up the posts of 3 Medical Officers etc.
5. At this juncture, we observe that mere sanctioning of the posts, is
not sufficient, unless and until, the posts are filled up, so as to enable
Edamalakudi tribals to have health facilities, which is a facet of Article 21 of
the Constitution of India.
6. Again, at paragraph 6 of the statement, though it is stated that the
proposal for upgradation of L.P. School to U.P. School had already put in the
attention of the General Education Department through the Director,
Scheduled Tribe Development, Department, no details have been furnished
as to when the proposals were sent for upgradation, the stage of the
proposals and the action taken thereafter.
7. At paragraph No.7 of the consolidated statement filed by the Tribal
Development Officer, Adimali, Idukki District, it is again stated that the Sub
Collector, Devikulam has started the proceedings for installation of mobile
tower to ensure mobile internet facilities in Edalipparakkudi tribal area.
8. Judicial notice has been taken that in some tribal areas, there is no
internet facility enabling the students to pursue their education and taking
note of the same, this Court has also issued certain directions in the
judgment dated 05.11.2020 in W.P.(C) No.31574 of 2014 and also in the
judgment dated 18.01.2021 in W.P.(C) No.26906 of 2016.
9. In the case on hand, the Tribal Development Officer, Adimali, Idukki
District, has filed a consolidated statement but has not furnished any details
as to what are the steps taken for installation of mobile towers to ensure
internet facilities.
10. On more than one occasion, we have noticed that counter
affidavits or statements of facts are filed with bald averments that steps are
taken, proposals are made, action being taken, etc., without furnishing the
exact details about the actions/steps taken with supporting documents and
the stage where the proposals are pending, reasons as to why such
proposals are pending and on account of the above, this Court is constrained
to unnecessarily postpone the hearing of the cases, for want of details
stated supra.
11. Thus, while making the observations stated supra, we direct the
departments/concerned authorities to file appropriate statements of
facts/counter affidavits, with all supporting documents as indicated (supra).
12. At this juncture, we also reiterate that on 2 nd September, 2021, at
paragraph No.8 of the order, we have observed that, if appropriate
explanation and instructions are not provided promptly, this court would be
constrained to order for personal appearance.
13. Registry is directed to send a copy of this order to the learned
Advocate General, Government of Kerala, for appropriate directions.
Post on 15.11.2021, for the response as indicated.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
Sd/-
SHAJI P. CHALY,
smv JUDGE
03-11-2021 /True Copy/ Assistant Registrar
