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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. Manikumar, Shaji P.Chaly, JJ.
Alakan Valyalangaram and Ors. – Petitioners
Versus
State Of Kerala, Represented By Chief Secretary and Ors. – Respondents
WP(C). No. 24422 OF 2020(S)
Decided On : 03-02-2021
Electricity - Public Interest Litigation - Forest Rights - Forest Conservation Act, 1980 - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - [S. Manikumar, J.] -
Fact of the Case:
The petitioners, traditional forest dwellers, sought electrification and development of settlement colonies in forest areas, citing lack of basic amenities and hindrance to agricultural operations due to the absence of electricity.
Finding of the Court:
The court found that clearance from the Union of India was required for drawing electric lines through the dense forest and directed the Union of India to consider the request within two months.
Issues: The main issue was the electrification and development of settlement colonies in forest areas, with the petitioners claiming lack of basic amenities and hindrance to agricultural operations due to the absence of electricity.
Ratio Decidendi: The court's decision was influenced by the necessity of electricity for basic amenities, education, and health, as established in previous judgments. The court emphasized the importance of electricity supply as a fundamental right and a basic amenity for the underprivileged.
Final Decision: The court disposed of the petition directing the Union of India to consider the request for clearance within two months.
JUDGMENT :
S. Manikumar, J.
Instant Public Interest Litigation is filed for the following reliefs:
(b) Issue a writ of mandamus or any other appropriate writ, order, directing respondent Nos.3 and 4, to take immediate steps for implementing the electrification in the settlement areas in Ward No.6 of Kuttampuzha Grama Panchayat.
(c) Issue a writ of mandamus or any other appropriate writ, order, directing the 2nd respondent to consider Exhibit-P4 representation dated 08.10.2020.
(d) Issue a writ of mandamus or any other appropriate writ, order, direction, directing the respondent Nos.5 to 7 to permit respondent Nos.2 and 8, to draw underground transmission lines through forest from Mlawana to settlement colonies in Kallelumedu, Thalavechupara, Thera, Kunchipara, Meenkulam, Mappilapara, and Warriam, in Ward No.6 of Kuttampuzha Panchayat.
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.
4. Petitioners have further stated that the main hindrance for the development of the settlement colonies is that there is no electricity connection. The funds of the Central and the State Governments are not utilised in a proper manner. If electricity connection is drawn in the settlement area, Government can implement the schemes like water supply, schools, library, hospital, mobile tower, and other facilities.
5. Petitioners have further stated that in the year 2019, the Central Government have decided to give consolidated electrification under Grama Jyothi Yojana Scheme. Though representations have been filed by the settlers before the concerned authorities, no action has been taken. Hence, the petitioners preferred Exhibit-P1 representation before the Hon'ble Prime Minister and it was responded to by Exhibit-P2 reply dated 06.03.2019.
6. Their grievance is that since there is a scheme by the Ministry of Tribal Affairs, represented by its Secretary, New Delhi, 3rd respondent, for electrification of the settlement areas, due to the negligence of the Chief Secretary, State of Kerala, Thiruvananthapuram; and the Secretary, Kerala State E
Access to electricity should be construed as a human right, subject to the requirements of the Electricity laws, and denial of the same would amount to a violation of human rights.
The court's decision was influenced by the completion and functionality of the electric line, the failure of the villagers to substantiate their claims, and the analysis of the provisions of the Elec....
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
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