IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941 WP(C).No.33484 OF 2010 (S)

PETITIONERS:

1 NEETHI VEDHI, (Reg.No.711/03)

REPRESENTED BY ITS SECRETARY, FR.STEPHEN MATHEW,, KALPETTA NORTH P.O., WAYANAD - 673 122.

2 KERALA ADIVASI FORUM, (REG.NO.182/09)

REPRESENTED BY ITS PRESIDENT, B.V.BOLAN,, NEAR CIVIL STATION,, KALPETTA NORTH P.O., WAYANAD - 673 122.

BY ADVS.

SRI.P.CHANDRASEKHAR DR.ABRAHAM P.MEACHINKARA RESPONDENTS:

1 THE STATE OF KERALA AND OTHERS REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM

2 THE KERALA SCHEDULED CASTE &

SCHEDULED TRIBE COMMISSION, REPRESENTED BY ITS SECRETARY,, THIRUVANANTHAPURAM

3 THE DISTRICT COLLECTOR, WAYANAD.

4 THE PROJECT OFFICER, INTEGRAL TRIBAL DEVELOPMENT PROJECT, WAYANAD.

SPL. GP. SRI. M.K.ROBINRAJ FOR R1 R3 AND R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 3rd day of December 2019 S.MANIKUMAR, C.J.

Instant writ petition is filed by Neethi Vedhi and Kerala Adivasi Forum, two voluntary organisations in Wayanad, seeking the following reliefs:

“i) issue a writ of mandamus or any other writ, order or direction directing respondents to consider Exts.P4 and P7 reports and take immediate and urgent remedial measures as recommended there in and take steps to stop exploitation and harassment of tribal labourers who are taken or gone to work in ginger fields and other agricultural fields in Karnataka and other outside states, forthwith;

ii) issue a writ of mandamus or any other writ, order, or direction directing the respondents to conduct an investigation/enquiry into the deaths/missing of tribal labourers taken or went to Karnataka to work in ginger fields or other agricultural fields, find out the cause of death and punish those responsible for their death/missing.

iii) issue a writ of mandamus or any other writ, order or direction directing respondents to grant compensation of Rs.10 lakhs each to bereaved families of those tribal labourers who died or found missing after they went or taken to work in ginger field or other agricultural field in Karnataka or any other state.

iv) issue a writ of mandamus or any other writ, order or direction directing the respondents to implement the provisions Inter-State Workmen (Regulation of Employment and Conditions of Service) Act and rules made there under in Wayanad District and take suitable action against those who are responsible for not implementing the said provisions in Wayanad district.”

2. Heard learned counsel for the parties and perused the materials available on record.

3. On behalf of first respondent, a statement dated, 27^th November, 2019 has been filed wherein it has been stated thus:

“2. Regarding the allegations in the writ petition, it is submitted that the trend of using Scheduled Tribes of Wayanad for ginger cultivation in Karnataka began in the year 1990 onwards. In the early days, keralite farmers mainly from Wayand district were used to take land on lease on industrial grounds at various places in Kodagu district in Karnataka State and those who had some vested interest, hired Scheduled Tribe labourers mostly from paniya and Kattunaikan communities who were experts in ginger cultivation. They took advantage of the unemployment and extreme poverty among the tribals in Wayand district at that time and exploited the scheduled tribes to the maximum. Unemployment among Scheduled Tribes in Wayanad District and their extreme poverty at that time prompted Scheduled Tribes to go to work in Karnataka. Availability of Alcohol, at cheap rate also has accelerated this trend.

3. Nowadays, the situation has changed significantly.

The State Government have been taking concerted efforts to bring about a comprehensive development in all spheres of tribal life in Wayanad district. Earlier, the em