MR. JUSTICE S.M.SUBRAMANIAMandTHE HONOURABLE MR. JUSTICE C.KUMARAPPAN kallakurich suo motu

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN

W.P.No.19030 of 2024

Suo Motu Writ Petition

      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,
    Slem District, Salem.
  7. The Superintendent Of Police,
    Kallakurichi District,
    Kallakurichi.
  8. The Superintendent Of Police,
    Salem District, Salem. … Respondents

Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, Directing the respondents to take immediate steps and measures to ensure the people in an around the Kalvaryan 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 Hon’ble Court within the time stipulated by this Honourable Court

 For Respondents    :   Mr.P.S.Raman, Advocate General
            assisted by
            Mr.T.Chandra Sekaran,
            Special Government Pleader
            (for R1 & R3 to R8);

        :   Mr.K.Srinivasa Murthy (for R2);

Amicus Curiae       :   Mr.K.R.Tamil Mani, Senior Advocate

O R D E R
(Order of the Court was delivered by S.M.Subramaniam J.)

The learned Advocate General Mr.P.S.Raman, appeared on behalf of the State. The Government has to assess the present prevailing situation in Kalvarayan Hills and submit a report before this Court. Mr.Srinivas Moorty takes notice for Union of India.

    2. This Court is shocked to hear the history of the region that it was annexed with the Indian territory only in the year 1976 and the voting rights are provided to the people of that locality from the year 1996 onwards. Therefore, the development in that location, as compared to the other parts of the State, would definitely be behind and needs more focused attention.

    3. We came across multiple media reports and documentaries about the lack of basic infrastructural facilities in that region. It is to be made clear by the Government, (i) whether the government welfare schemes are made available to the people of that locality?   (ii) whether they have axcess to all basic facilities?  (iii)People of these regions, mostly belonging Scheduled Caste and Scheduled Tribes. Hence, the Government has to explain, what all are the efforts made, specifically for promotion and welfare of these people? 

    4. When the Election Commission goes even to the remotest region of the country to ensure that everyone exercise their franchise, correspondingly, the State has to ensure that the facilities and welfare schemes have reached these people. It is the constitutional duty, mandated on the State. Therefore, we deem it appropriate to consider these issues on receipt of comprehensive report from the State.

    5. Considering the importance of the issues involved and to assist this Court, Mr.Tamilmani, learned Senior Counsel, is appointed as Amicus Curiae.

    6. All persons, including media people and persons interested, who have studied this region, are at liberty to submit their reports, inputs, etc., in the present writ petition, enabling this Court to address the issues in a pragmatic manner so as to ensure socio and economic developments are provided to that region in a speedy manner.


7. List the matter for submission of report by the State, on 24.07.2024.


                    (S.M.S.J.,)                     (C.K.J.,)
                            10.07.2024      

Index : Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
(sha)

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,
    Slem District, Salem.
  7. The Superintendent Of Police,
    Kallakurichi District,
    Kallakurichi.
  8. The Superintendent Of Police,
    Salem District, Salem.

    S.M.SUBRAMANIAM, J.
    and
    C.KUMARAPPAN, J.

(sha)

W.P.No.19030 of 2024

10.07.2024

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