IMPORTANT POINTS
It is outside the power of judicial review to issue directions to the legislature to enact a law in a particular manner, for the Constitution does not permit the courts to direct and advice the executive in matters of policy. Parliament, as the legislature, exercises this power to enact a law and no outside authority can issue a particular piece of legislation. It is only in exceptional cases where there is a vacuum and non-existing position that the judiciary, in exercise of its constitutional power, steps in and provides a solution till the legislature comes forward to perform its role

JUDGMENT :

Manikumar, J.

Aggrieved by the inaction on the part of the respondents in honouring a claim made by the petitioner for reimbursement of travel allowances which he had to incur, in connection with the hearings before the State Scheduled Castes/Scheduled Tribes Commission at Thiruvananthapuram, instant writ petition has been filed for the following reliefs:

A) Issue a writ of mandamus or any other writ or order or direction to the State Government, to allot the necessary funds forthwith under Annexure to the Schedule of the Atrocities Rules and all other provisions, including Rules 11, 12 and 15, with necessary information to all concerned.

(B) Issue a writ of mandamus or any other writ, order, or direction, directing the first respondent -State of Kerala represented by the Chief Secretary, Govt. Secretariat, Thiruvananthapuram, to pay Rs. 23,867/-, being the amount involved in six T.A. Bills, along with 9% interest, till the date of payment.

(C) Issue a writ of mandamus or any other writ, order, or direction to the 1st respondent, to issue necessary direction to the District Magistrates, to co-ordinate the related work, and to ensure that the facilities and payments provided are made to victims, witnesses, dependents, and attendants, as prescribed under Rules 11, 12 and 15 and other rules, within the time frame stipulated therein.

(D) Declare the enactment i.e. Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007 and the rules framed thereunder as unconstitutional.

(E) Issue a writ of mandamus or any other writ or order or direction to the Subordinate Courts, to implement speedy trial, provided in Section 14 of the Atrocities Act, by taking up the Atrocity cases and related matters immediately after the custody and bail cases, and also conduct the cases on day-today basis, avoiding long postings.

2. Facts leading to filing of instant writ petition are that, petitioner claims to be a retired Class l Officer and a practicing lawyer, belonging to Scheduled Caste Community. He has alleged that he was a victim of several atrocity offences. Hence, he filed complaints before the police, Courts and the 2nd respondent viz., the Registrar, State SC/ST Commission, Ayyankali Bhavan, Thiruvananthapuram, which was numbered as Case No.5088/2018 and the other, as 1771/2015, by the SC/ST Commission. On receipt of the complaints, the State SC/ST Commission conducted hearings on 20.01.2015, 20.04.2015, 23.06.2015, 09.09.2015 14.12.2015 and 04.03.2015, at the Head Office at Ayyankali Bhavan, Thiruvananthapuram, for which, the petitioner was required to be present. He took his wife, a dependent, along with him, who was a witness, as per Rule 11 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. Petitioner has further stated that for the hearings, he had to spend substantial amounts. Hence, he submitted six travelling allowance bills amounting to Rs.23,867/-, in accordance with Rule 11 of the SC/ST (Prevention of Atrocities) Rules, 1995, before the Registrar, State SC/ST Commission, Thiruvananthapuram, respondent No.2, requesting for payment, but the 2nd respondent did not accede to his request.

3. Petitioner has contended that as per the State List or the Concurrent List of Schedule V11 of the Constitution of India, the State is not vested with the powers to enact any law on the subject as contained the Kerala State SC/ST Commission Act, 2007 and the rules framed thereunder.

4. Petitioner has further contended that since it was informed by the Registrar, State SC/ST Commission, Thiruvananthapuram, 2nd respondent, that there was no budget allotment for paying TA/DA etc., he made a representation dated 02.02.2015 (Exhibit-P3) to the Finance Ministry, with a request to allocate Rs.100 Crores under Rule 11 of the rules framed under the Scheduled Castes and the Scheduled Tribes