Access to electricity is recognized as a fundamental right linked to socio-economic development under Article 21 of the Constitution.

JUDGMENT

Dated this the 3rd day of February, 2021 S. Manikumar, CJ Instant Public Interest Litigation is filed for the following reliefs:

(a) Issue a writ of mandamus or any other appropriate writ, order, directing respondent Nos.1 to 4, to take immediate steps to draw electric line underneath the ground (underground cable system) through forest from Mlawana at Pooyamkutty to Settlement areas in Kallelumedu, Thalavechupara, Thera, Kunchipara, Meenkulam, Mappilapara, and Warriam, in Ward No.6 of Kuttampuzha Panchayat.

(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, Thiruvanan