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Kalrayan hill case full order THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR. JUSTICE N.MALA

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE N.MAL

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2024

CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE N.MALA

Suo Mottu W.P.No.19030 of 2024

Suo Motu Writ Petition … Petitioner
Vs.

1.The Chief Secretary,
Government of Tamil Nadu,
Secretariat, Chennai – 9.

2.The Secretary to the Government of India,
Ministry of Tribal Affairs,
Sasthri Bhavan, New Delhi – 100 001.

3.The Principal Secretary to Government of Tamil Nadu,
Adi Dravidar and Tribal Welfare Department,
Secretariat, Fort St.George,
Chennai – 9.

4.The Director General of Police,
Mylapore, Chennai – 4.

5.The District Collector,
Kallakurichi District,
Kallakurichi.

6.The District Collector,
Salem District, Salem.

7.The Superintendent of Police,
Kallakurichi District.
Kallakurichi.

8.The Superintendent of Police,
Salem District,
Salem.

9.Tamil Nadu Scheduled Tribe (Malayali),
Peravai, Registration No.307/93,
Head Office at No.15, 2nd Street,
Kambar Nagar, Chennai 600 082,
Represented by its President M.Govindhan,
[R9 was impleaded as per the order date 24.07.2024 in
WMP No.22852 of 2024 in WP.No.19030 of 2024]

10.The Chief Conservator of Forests,
DMS Complex, Teynampet, Chennai – 600 006.
[R10 was impleaded as per order dated 02.08.2024
in WP.No.19030 of 2024] … Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, Directing the respondents to take immediate steps and measures to ensure the people in and around the Kalvarayan Hills for the requirement of basic facilities and welfare scheme for social upliftment, and to promote with special care of the educational and economic interest of the weaker sections of the people, and, in particular, of the Scheduled Castes and Scheduled Tribes’ as Constitutional priority to provide schools roads hospitals transport facilities, police station and their employment opportunity and all comprehensive measures expeditiously and to file a status report before this Court within the time stipulated by this Court.

    For Petitioner  :  High Court of Madras

    For R1, 3 & 8   :  Mr.T.Chandrasekaran, 
                   Special Government Pleader 

    For R2      :   Mr.K.Srinvasamurthy 
                    Central Government Standing Counsel 

    For R10     :   Mr.T.Seenivasan
                    Special Government Prosecutor  (Forests) 

    For R9      :   No appearance 

                    Mr.K.R.Tamilmani, Senior Counsel                                Amicuscuriae

ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
In order to ascertain the compliance of our order to provide more mini bus services facilitating the people residing in Kalvarayan Hills to meet out their livelihood, education of children, to reach medical facilities, etc., the Managing Director of Tamil Nadu State Transport Corporation (Villupuram) Limited and the Managing Director of Tamil Nadu State Transport Corporation (Salem) Limited are directed to appear either in person or through video conferencing by tomorrow (20.09.2024). The learned Special Government Pleader Mr.T.Chandrasekaran shall ensure their presence by intimating the present order to them either over phone or through electronic mode of communication.
2. With reference to the issuance of Ration Card, Aadhaar Card, Voter Identification Card and other personal documents, the learned Special Government Pleader would submit that applications are received from the people residing in various villages at Kalvarayan Hills and the applications are being processed and the identification cards are yet to be issued. We direct the respondents and all the officials who are all dealing with the identification cards to process the applications and issue the ration card, Aadhaar card, voter identification card to all the residents of Kalvarayan Hills within a period of four weeks from today. The completion report is directed to be filed on 18.10.2024.

3. The learned Special Government Pleader would further submit that funds are yet to be allocated by the Government for the purpose of laying roads to the villages where there is no access and the people are struggling even for their day to day needs. 

4. In this regard, the first respondent-Chief Secretary to Government of Tamil Nadu is directed to ensure that the proposals submitted by the respective Principal Secretaries of the concerned department are scrutinized and necessary actions are initiated to ensure that the roads are laid in strategical places enabling the village people to avail the Government medical facilities and also the children to reach the schools without any discomfort. 

5. The learned amicus curiae made submissions that the untold agony of the people residing in remote villages are not even addressed and redressal measures are yet to be taken. 

6. The Chief Secretary to Government is directed to look into the matter, since the fundamental rights of people of that locality enshrined under the Constitution of India are to be protected.  When the people residing in mainland are enjoying all the hi-tech facilities, the Scheduled Caste/Scheduled Tribe people residing in Kalvarayan Hills must be provided with the minimum needs including roads, medical facilities, transport, education, identification cards enabling them to lead a peaceful life.  It is not necessary that the High Court should issue such directions to the machinery of the Government, since they are expected to provide such basic needs to the people residing across the State of Tamil Nadu. When it is brought to the notice of this Court that the people residing in Kalvarayan Hills are not provided with such basic amenities and infrastructure facilities, the writ petition has been initiated. The arguments made by the learned Special Government Pleader would be insufficient and strict actions are required to be taken in order to redress the grievance of the people residing in Kalvarayan Hills.  

 7. In view of the submissions made by the respective learned counsels appearing on behalf of the parties and the learned amicus curiae, we direct the Chief Secretary to Government to bestow his personal attention so as to ensure the minimum roads required, facilitating the residents of Kalvarayan Hills to avail the educational, medical and other facilities without any difficulty and thereafter, the road projects can be expanded in due course.  At the outset, the minimum requirements are to be complied with immediately and the projects for development can be thereafter taken up.  

8. The learned Special Government Pleader would submit that the ration card, Aadhaar card, voter identification card will be delivered within a period of four weeks. 

9. Post the matter on 20.09.2024.

[S.M.S., J.] [N.M., J.]
19.09.2024
Index: Yes/No
Speaking/Non-speaking order
ss

To

1.The Chief Secretary,
Government of Tamil Nadu,
Secretariat, Chennai – 9.

2.The Secretary to the Government of India,
Ministry of Tribal Affairs,
Sasthri Bhavan, New Delhi – 100 001.

3.The Principal Secretary to Government of Tamil Nadu,
Adi Dravidar and Tribal Welfare Department,
Secretariat, Fort St.George,
Chennai – 9.

4.The Director General of Police,
Mylapore, Chennai – 4.

5.The District Collector,
Kallakurichi District,
Kallakurichi.

6.The District Collector,
Salem District, Salem.

7.The Superintendent of Police,
Kallakurichi District.
Kallakurichi.

8.The Superintendent of Police,
Salem District,
Salem.

9.Tamil Nadu Scheduled Tribe (Malayali),
Peravai, Registration No.307/93,
Head Office at No.15, 2nd Street,
Kambar Nagar, Chennai 600 082,
Represented by its President M.Govindhan,

S.M.SUBRAMANIAM, J.
AND
N.MALA, J.

ss

10.The Chief Conservator of Forests,
DMS Complex, Teynampet, Chennai – 600 006.

Suo Mottu W.P.No.19030 of 2024

19.09.2024

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