The court emphasized the government's obligation to ensure adequate living conditions and to address the land claims of Scheduled Tribes in a timely manner.

JUDGMENT

Dated this the 8 ^th day of October, 2024

The writ petition is preferred being aggrieved by non allotment of declared land to the Scheduled Tribes in Chokkad Girijan Colony and against the delay in providing sufficient living conditions.

2. Petitioners belong to Muthuvan Tribe under the Scheduled Tribes. It is stated that prior to 1976, their families were living in different parts of Nilamboor Forest. After 1976, the 1^st respondent initiated action to settle 60 families in Chokkad Village by providing 105 Hectors of land (252 Acres) by creating a Girijan Colony. At that point of time, it was promised that the residents of the colony will be allotted with 1.71 Hectors of land (4.22 Acres). Out of 60 families, only 56 families came forward to settle in the Girijan Colony created at Chokkad Village.

3. The 3^rd respondent Society was established for the upliftment of Tribals in the year 1976 under the Chairmanship of the District Collector. The Director Board of the Society consists of three members from among the tribals and 9 Government Officials. It is stated that till 25.01.2006 the entire land extending 105 hectors are held and managed by the 3^rd respondent Society and the Girijans were labourers of the Society for rubber taping, coconut climbing and other incidental works for a pittance.

4. On the strength of the counter affidavit filed by the 3^rd respondent in a police protection matter seeking protection against some intruders in the colony, petitioners herein substantiate that an extent of 105 hectors of land was distributed to the Girijans for the establishment of colony and each family was allotted with 1.71 hectors of land and thereby the petitioners and similarly situated 56 families are owners of 1.71 hectors of land (4.22 acres) in the Chokkad Girijan Colony. It is further stated that the petition for police protection preferred by the intruders was dismissed on the ground that the Society is established for the upliftment of tribals and an extent of 1.50 hectors of land was distributed to the tribal people for the establishment of the colony, where the tribal people are living in their traditional way. The petitioners therein were not permitted to use the way through that private road in that particular tribal settlement. Moreover, the petitioners therein could not prove their title as the road is private road to the tribal colony.

5. It is stated that the actual land assigned to the petitioners and similarly situated persons on 25.01.2006 was only an extent of 1.2141 hectors (2.9138 acres) instead of 1.71 hectors. It is further stated that out of the 252 acres, after distributing 168 acres to the 56 families @ 3 acres each, remaining 85 acres of land is with the 3^rd respondent Society from 1979 itself. Out of which one acre was allowed for a Primary Health Centre and another acre for a Lower Primary School with Balawadi and two acres for a burial ground inside the colony. After their settlement in the year 1976, on passage of time, 56 families have multiplied and reach to 200, that resulted in reduction of per head share of each family. It is further stated that on the increasing of the number of families, the living conditions such as potable water, electricity, house and library are not available in the colony.

6. Under such circumstances, petitioners have preferred Ext.P4 representation before the 2^nd respondent for assigning remaining extent of land out of 1.71 hectors offered to them and also to provide the amenities like potable water, electricity, house and library, as these are necessa