V SAKTHIVEL Vs. SECRETARY ADI DRAVIDAR WELFARE

JUDGEMENT

(1.) THIS writ appeal is directed against the dismissal of the writ petition filed by the appellant. The appellant's unmarried sister was employed in Sakthi Murugan Rolling Mills in Palayamkottai. She belongs to Scheduled Caste. She committed suicide on 20.8.2004. At the time when she committed suicide, she left a suicide note. On the allegation that the sister of the appellant committed suicide due to the harassment by some of the workers of the mill, a case was registered in Sempatti Police Station in Cr.No.441 of 2004 under Section 306 of IPC read with Sections 3(2)(v) and 3(2)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. On the completion of investigation, a final report was also filed before the Judicial Magistrate. In the complaint, it is stated that the appellant, his parents and sister are residing in the mill premises. Due to certain problems among the residents, the neighbours used to insult the father of the appellant. Initially the father of the appellant was accused of theft of some cement bags and a complaint was given to Sempatti Police Station. At the guise of investigation, the entire family members of the appellant were insulted and they were also threatened to vacate the premises within half-an-hour and in the event of their failure, they will have to face the consequences. The appellant's family members were also insulted by calling their caste. The deceased, the sister of the appellant, committed suicide, as she could not withstand the harassment meted out by the neighbours and others. To this extent, she also left a suicide note.

(2.) ON 11.10.2005, the appellant preferred a representation to the District Collector, Dindigul District requesting him to grant relief amount under Rules 12(4), 17 and 20(B) of the Annexure-I to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. However, the said representation was not considered. Hence the appellant approached this Court by way of writ petition seeking for a direction to the District Collector to consider and pass orders on the representation for grant of relief. The said writ petition came to be dismissed. Hence the present writ appeal.

(3.) ARTICLE 46 of the Constitution, in Part IV relating to the Directive Principles of State Policy, contemplates "the State shall promote with special care the educational and economic interest of the weaker sections of the people and in particular of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation". The protection of the members belonging to the Scheduled Castes and the Scheduled Tribes is an obligation of the State under the said ARTICLE.