Government must ensure timely and effective implementation of welfare programs, particularly for vulnerable communities, underscoring the duty to protect life and property.

JUDGMENT

Dated this the 5th day of August 2021

S.MANIKUMAR, C.J.

By this public interest litigation petitioners, who are tribals and residents of Aralam Farm Tribal Colony in Kannur District, have approached this court seeking implementation of various schemes and programmes for the welfare of the tribals. Petitioners allege that there is inaction on the part of respondents in properly implementing the various schemes and projects sanctioned by the Government for the welfare of the scheduled tribes and thereby not protecting life and property of the tribals mainly in the largest scheduled tribal settlement colony in Kerala – ‘Aralam Farm’. The immediate necessity of the petitioners is to prevent the wild elephant attack. Other reliefs sought for in this writ petition are as follows:

i) Issue a writ or order by way of mandamus directing respondents:

a) clear the forest growth in the plots allotted to tribals in Aralam Farm Re-settlement area by mechanized means, except the trees mentioned in Pattayam', in a time bound manner.

b) cancel the Title Deed (Pattayam) granted to the allottees in the Aralam Farm Re-settlement Area who have not occupied the plots so far, after giving notice by personal services or publication in dailies and visual media.

c) construct rail fencing along the entire length of forest boundary of Aralam Farm Re-settlement area to prevent the entry of wild elephants, in time bound manner.

d) set apart a van for the travel of tribals inside the Aralam Farm Re- settlement Area, on payment proper fare, and to widen the roads to facilitate plying the buses.

e) run KSRTC bus services from Thalassery, Kannur and Kuthuparamba to Aralam Farm for the travel of tribals and staff working in the Government offices in the Re-settlement area.

f) implement the project of NABARD within a time frame.

g) take steps to solve the problems of leakage of houses and lack of toilets in the houses constructed as per the schemes of Government.

h) establish a Model Residential School in Aralam Farm in the 8 Acres of land already set apart for the purpose.

i) take effective steps to ensure proper academic standard for the High School at Alaram Farm.

2. Mrs.Anitha.A.G., learned counsel for the petitioners submitted that there are about 1515 tribal families residing in Aralam Farm Tribal Colony. Most of the tribals are residing in plots allotted by the Government from 2004 onwards. Due to various reasons, such as growth of forest like vegetation, attack of wild animals like, wild elephants, non identification of plots, lack of transport and educational facilities in the settlement area and dire financial conditions etc., many allottees stay away from the settlement. There are other tribals waiting to get plots in the settlement. For the purpose of providing work to the tribals, Government is running an agricultural farm in 3500 Acres. According to the learned counsel for the petitioner, Government have sanctioned crores of rupees through various schemes for the welfare and development of the tribals through the Tribal Re-settlement Development Mission. The 7th respondent NABARD also has made a proposal of Rs.167 crores for Infrastructure Development Project for Aralam Farm Re-settlement Area. Kitco has prepared project report for the first phase of the project. But due to the ineffective and inefficient implementation of these schemes and Governmental Programmes, life of the tribals still remain in peril. The recent elephant attack deaths complicate the issue and exodus of the tribals have increased. Hence this writ petition.

3. When this case came up for consideration on 23rd June, 2021, this court passed the following order:

“ Taking note of the statement of Wild Life Warden, Iritty, Kannur (respondent No.9), in particular, the steps taken by the Forest Department and also the further contention that despite all possible measures taken by the Forest Department, the movement of wild animals is still continuing, even though their movement is not so frequ