The court emphasized the duty of the State Government to implement the recommendations of the NCSC study report to ensure the rights and welfare of the Kuravan community members.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to implement the recommendations of the study report of the three member committee constituted by the National Commission of Scheduled Castes in relation to the individuals belonging to the Kuravar Community within a stipulated period.)

1. The writ on hand has been instituted to direct the respondents to implement the recommendations of the study report of the three member committee constituted by the National Commission for Scheduled Castes (NCSC) in relation to the individuals belonging to the Kuravar Community within a stipulated period.

2. The writ petitioner states that he belonged to Kuravan (Scheduled Caste) Community. The grievance of the writ petitioner is that he is one of the victims, who suffered on account of the Police atrocities against the Kuravan Community in the State of Tamil Nadu. The community people of the writ petitioner have been denied their right even to avail the Government welfare schemes. Several representations were submitted and the National Commission for Scheduled Castes (NCSC) constituted a three member committee to consider the issues and submit a report. Though the Committee had elaborately considered the issues and submitted a detailed report in the year 2015, the State Government has not implemented the same for the past about 8 years. The compensation are yet to be paid to the victims, who suffered from Police atrocities and other relief(s) recommended were also not granted. Thus, the petitioner is constrained to move the present writ petition.

3. The learned counsel for the petitioner strenuously contended that the welfare schemes are not extended to the petitioner and their community people. The recommendations made by the three member committee appointed by the National Commission for Scheduled Castes (NCSC) has also not been implemented so far.

4. Per contra, the learned Additional Government Pleader appearing on behalf of the respondents relying on the status report filed by the respondents 1 and 3, made a submission that the general recommendations of Study Committee relates to provide justice, monetary relief, compensation and rehabilitation measures, provision of health services and treatment to the members of Kuravan Community besides quality education to the children at free of costs, residential schools and hostel facilities. With regard to initiation of judicial proceedings against police personnels, such acts of torture and foisting of false cases were reviewed seriously and all necessary actions are being taken by the competent authorities. If those allegations are found true, then actions will be initiated against the authorities concerned. The general recommendations also includes recommendation to the National Commission for Scheduled Castes on various aspects, touching upon action taken in respect of false cases, issuance of Community Certificates to the children of Kuravan Community, besides provision of basic amenities to the Kuravan Community habitations, issuance of Patta, Burial Ground, etc., With regard to general recommendations, “J” and “L”, necessary instructions have been issued to the Home Department and DGP vide letter No.13365/PA(2)/2017 dated 03.03.2023.

5. It is a continuous process, which are being done regularly by the competent authorities with regard to the issuance of Scheduled Caste (SC) Community certificate to the children of Kuravan Community people. Providing basic amenities, issuance of home/land patta, burial ground, etc., are to be issued by following the due process.

6. The learned Additional Government Pleader appearing on behalf of the respondents reiterated that effective steps are being taken to redress the grievances of Kuravan community people at large and therefore, the writ petition is to be rejected.

7. It is further contended that several NGO''s are also working on these aspects to improve the lifestyl