ALAKAN VALYALANGARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant Public Interest Litigation is filed for the following reliefs:

(2.) Facts leading to the filing of this writ petition are that petitioners are traditional forest dwellers, Scheduled Tribes. There are six settlement colonies in Pooyamkutty Forest, coming under the jurisdiction of the Divisional Forest Officer, Malayatoor, respondent No.7. The settlement colonies are named as Kallelumedu, Thalavechupara, Thera, Kunchipara, Meenkulam, Mappilapara, and Warriam respectively. They are recognised by respondents 3 and 4, Ministry of Tribal Affairs, represented by its Secretary, New Delhi; and Scheduled Tribes and Development Department, represented by its Secretary, Thiruvananthapuram, under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The petitioners are residing at Kunchipara Tribal Colony, which is about 10 kms away from Mlavana near Pooyamkutty. They have filed this writ petition for protecting the interest of forest dwellers.

(3.) Petitioners have further stated that there are a number of Government schemes under the tribal departments. However, the said schemes are not implemented properly. At present, there are no schools or any Government institutions such as hospitals and other amenities. Most of the tribals are illiterate and some children aged below 15, are studying in different places with the help of other charitable institutions. The settlers are living mainly from the agricultural income, paddy, seasonal crops, plantation etc., and they are collecting forest goods like honey etc. Due to the heavy attack from the wild animals, it is not possible to continue agricultural operations in the properties.