RAGHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a Public Interest Litigation filed by the President and Secretary of the Thalikakkallu Adivasi Samrakshana Samithi, Palakkad District, claims to be an organisation formed to achieve the constitutional rights of around 300 tribal people residing in Thalikakkallu Adivasi colony, Kadappara, Alathur Taluk, Palakkad District. According to the petitioners, the tribals of Thalikakkallu colony could only lead a sub human life for the past several years due to the neglect shown by the Government in protecting the welfare and well-being of the tribals. Therefore, through the instant writ petition, petitioners seek a direction to ensure a decent standard of living and other basic comforts to the tribals as is guaranteed under the Constitution of India.

(2.) It is stated that the colony consisting of 54 tribal families is situated within the dense forest in the peripheries of Mangalam Dam, Palakkad District, which includes aged people and children. It is pointed out that they are facing starvation, lack of drinking water, lack of shelter , lack of education centres for the tribal children, and also lacking sufficient health centres/ hospitals to attend their medical needs. It is submitted that out of the 54 families, 20 families are homeless and they are residing in plastic tents and caves without any security. That apart, the condition of the huts of the other families are also pathetic since they are in a dilapidated and totally unfit condition to use as residential accommodations.

(3.) It is pointed out that the houses were constructed by the Government several years back with a single room and kitchen without proper ventilation and without access to air and light and consequently now three families each are residing in the houses available. There is no Anganwadi in the colony and hence the children upto 6 years have been deprived of their right to primary education. The upper primary school is also situated at a distance of 4 Kms from the colony and the ration shop is situated in a place called 'Ponkandam' at a distance of 7 Kms from the colony. The nearest accessible primary health centre is situated at Vadakkencherry at a distance of 40 Kms from the colony and therefore, the tribals facing serious health issues are unable even to access the said health centre. The accessibility to such public centres are bleak since there is no road, and bridge to reach such places, since the tribals can only reach the other side of the hilly terrain by crossing a river viz., 'Thuppilikkayam', which has to be crossed over for any needs and requisites of the tribal people. However, during monsoon it is not possible at all to cross this river, and at the time of filing of the writ petition, it is stated that four tribals have died while crossing the river, out of which two were children.