Disposed

P.D.Joseph v. State of Kerala

Kerala HC5 Nov 2020WP(C)/31574/2014

Case brief

AI extract

What is this about?

Deficiencies in tribal healthcare and basic amenities in Attappady prompted directions to complete outstanding welfare works within four months and pay scheme arrears within one month. The court disposed of the petition with further directions for uninterrupted medicines, food and water, coordinated monitoring, transport and a staff-quarters scheme.

What did the court decide?

Directed completion of assured works within four months of receipt, payment of scheme arrears within one month, uninterrupted essentials and medicines, and coordinated tribal welfare measures.

P.D.Joseph Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942

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WP(C).No.31574 OF 2014(S)

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PETITIONER/S:

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P.D.JOSEPH,

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EDITOR, CAESOR NEWS, THIROOR, THRISSUR - 680 581.

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BY ADV. P.D.JOSEPH (PARTY-IN-PERSON)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE DISTRICT COLLECTOR PALAKKAD - 679 001.

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3 THE SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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4 THE SECRETARY TO GOVERNMENT DEPARTMENT OF SCHEDULED CASTE & SCHEDULED TRIBES, THIRUVANANTHAPURAM - 695 001.

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5 ADDL.R5 IMPLEADED:

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THE SECRETARY TO GOVERNMENT SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM.

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(ADDL.R5 IS SUO MOTU IMPLEADED VIDE ORDER DATED 05/02/2015 IN W.P.(C))

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6 ADDL.R6 IMPLEADED:

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THE NATIONAL RURAL HEALTH MISSION REPRESENTED BY ITS DIRECTOR, NRHM DIRECTORATE, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM.

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(ADDL.R6 IS SUO MOTU IMPLEADED VIDE ORDER DATED 27/02/2015 IN W.P.(C))

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7 ADDL.R7 TO R10 IMPLEADED:

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UNION OF INDIA

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REPRESNTED BY SECRETARY TO MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, C-WING, NEW DELHI - 110 001.

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8 UNION OF INDIA REPRESENTED BY SECRETARY TO MINISTRY OF TRIBAL AFFAIRS, SHASTRI BHAVAN, A-WING, DR.RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110 001.

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9 UNION OF INDIA REPRESENTED BY SECRETARY TO MINISTRY OF SOCIAL JUSTICE AND EMPOWERNMENT, SHASTRI BHAVAN, C-WING, DR.RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110 001.

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10 UNION OF INDIA REPRESENTED BY SECRETARY TO MINISTRY OF PANCHAYATI RAJ, KRISHI BHAVAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110 001.

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(ADDL.R7 TO R10 ARE IMPLEADED VIDE ORDER DATED 07/01/2016 IN W.P.(C))

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11 ADDL.R11 & R12 IMPLEADED:

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KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES FOR SCHEDULED CASTE AND SCHEDULED TRIBES (KIRTADS), REP.BY ITS DIRECTOR, DIRECTORATE OF KIRTADS, CHEVAYOOR, KOZHIKODE.

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12 THE ADIVASIS GOTHRA MAHASABHA REP. BY ITS CO-ORDINATOR, PADANNA GARDENS, KANNUR CITY, KANNUR PO, PIN-670 003.

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(ADDL.R11 AND R12 ARE SUO MOTU IMPLEADED VIDE ORDER DATED 06/04/2016 IN IA.NO.5030/2016)

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R1 BY ADV. SRI.D.AJITHKUMAR R1-5, R11 BY GOVERNMENT PLEADER R1, R12 BY ADV. SRI.G.KRISHNAKUMAR R1, R12 BY ADV. SMT.M.L.REMYA R1 BY ADV. SRI.M.AJAYSCNATIONAL RURAL HEALTH MIS R6 BY SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS, M. AJAY, SC, KERALA MEDICAL SERVICE CORPN. R7-10 BY ASSISTANT SOLICITOR GENERAL R7-10 BY ADV. SRI.P.VIJAYAKUMAR

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R1 TO R5, AND R11 BY SRI. ARAVIND KUMAR BABU, SR. GOVERNMENT PLEADER R6 BY SRI.M.AJAY, SC R7 TO R9 BY SRI.P.VIJAYAKUMAR, ASG

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Dated this the 5^th day of November, 2020.

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JUDGMENT

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SHAJI P. CHALY,J.

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This is a Public Interest Litigation filed by a social worker pointing out the difficulties faced by thousands of tribal people in the Attappady area due to lack of facilities and required staff in the nearby Kottathara Tribal Super Speciality hospital, and other adverse circumstances prevailing for want of residential accommodations for the doctors and staff of the hospital, failure in supply of essentials including food, water etc. The following are the reliefs sought for in the writ petition:

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To pass an order directing the Judicial First Class Magistrate, Mannarkad, Palakkad District or any other Judicial Officer to enquire and report the present situation of the Kottathara Tribal Hospital within such time as this Hon'ble Court may deem fit and proper in the interest of justice;

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To issue a writ of mandamus or other appropriate writ or order directing the first respondent to provide adequate medicines, at least life saving medicines, and service of specialised doctors and nursing and other staff and other necessary amenities in the Kottathara Tribal Hospital forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice;

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To issue a writ of mandamus or other appropriate writ or order directing the respondents to ensure the disbursement of grant

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provided by the Central and State Governments to the deserving Adivasis within such time as this Hon'ble Court may deem fit and proper in the interest of justice;

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To issue a writ of mandamus or other appropriate writ or order directing the first respondent to provide land, home and stipend to every Adivasi family in order to raise their living standard within such time as this Hon'ble Court may deem fit and proper in the interest of justice.

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To issue a writ of mandamus or other appropriate writ or order directing the respondents to conduct an enquiry and submit report regarding the utilisation of Adivasi fund within such time as this Hon'ble Court may deem fit and proper in the interest of justice;

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The main ground put forth is that the State Government is not

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providing sufficient infrastructure and other facilities at the hospital, which is one of the reasons why the doctors are reluctant to serve in the Attappady Adivasi area. That apart, it is submitted that though notice boards are installed in the local Government offices and police stations for awareness of the atrocities committed against the SC/ST communities, no fruitful result could be achieved out of that. Further, it is stated that in the Attappady area, infant mortality rate is increasing due to the absence of necessary and adequate treatment and required facilities, which is a naked violation of human rights. It is also stated that even though there are SC/ST Commissions in the National Level and

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State Level, such Commissions have failed to discharge their duties to protect the interest of the adivasi people. Apart from the same, it is submitted that the day-to-day life of adivasi people living in caves is highly deplorable, and that due to the lack of adequate transport facility to reach the hospital for treatment, utmost difficulties are faced by the tribals.

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A copy of the National Rural Health Mission survey report published in the Hindu Daily is produced as Ext.P1 and the article published in the Indian Express Daily dated 04.11.2014 about the infant mortality in the tribal area is produced as Ext.P2. The petitioner has also pointed out that out of 150 patients approaching Kottathara Hospital daily, which is the nearest hospital situated near the tribal colony, about 90 of them are adivasi people. Even though 40 patients are admitted in the hospital every day, only a few beds are available and therefore, most of the patients are compelled to lie on the floor of the hospital. Adding more agony, only one Gynecologist is available in the hospital for treatment of the patients. It is also submitted that a lot of snake bite cases are also being reported now-a-days, apart from other patients approaching the hospital due to the fatal injuries. It is also submitted that even though the Government has formulated various schemes for purchase of lands for adivasis, the scheme is not implemented so far in Attappady area. So also, in spite of the Government authorising IAS and

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IPS officers to study and report the problems faced by the adivasi people, no earnest efforts are taken by the Government for the welfare of the tribals. Recently, the Government appointed Ottapalam Sub Collector as a Special Officer to study and report the problems faced by the tribals. Other contentions are also raised in regard to the absence of life saving drugs in the Kottathara Hospital in order to protect the interest and cater the needs of the patients approaching with serious and severe conditions of various ailments. Eversince the filing of the writ petition, periodical orders were being passed by this Court so as to redress the grievances of the tribal people in the area.

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In accordance with the directions so issued by this Court, the State Government as well as the National Rural Health Mission were filing affidavits and statements along with documents to substantiate the activities undertaken by the State Government to ensure the well being and welfare of the tribals and also the developmental activities that are being undertaken and executed by the Government to protect the interest of the tribals, including the developmental activities that have undertaken in the Kottathara Hospital.

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Since this Court felt that securing assistance of the Kerala State

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Legal Service Authority would be fruitful to evaluate and deal with the situations in the area, a monitoring committee was constituted at the behest of the Kerala State Legal Services Authority and it was directed

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to visit the site and submit reports, and accordingly, in respect of the problems and the difficulties faced by the tribal people, a report is submitted. It is true, in accordance with the directions issued by this Court, periodical activities were being undertaken by the State Government, the National Rural Health Mission and other Departments of the State Government for ensuring facilities to tribals as is sought for. Anyhow, as per the orders of this Court on 10.08.2020 and 11.09.2020, a statement is filed by the Secretary to Government, Department of Scheduled Castes and Scheduled Tribes, Thiruvananthapuram explaining the activities undertaken by the Government in the tribal areas for improving the basic living conditions of the tribals, such as construction of houses, toilets, water supply, community kitchen, drainage system, employment facilities for tribal families, and the substantial developmental activities undertaken by the State Government at Kottathara Tribal Super Specialty Hospital etc.

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Anyhow, realising that the works undertaken by the Departments concerned were not attaining finality, directions were issued by this Court as per an order dated 22.10.2010 to inform as to the time period required for the completion of the construction activities etc.. Accordingly, an additional statement is filed by the Secretary to Department of Scheduled Castes and Scheduled Tribes on 30.10.2020, wherein it is stated that Kottathara Tribal Super Specialty Hospital

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presently has 249 staff members, which includes 32 doctors, 48 staff nurses, 7 Head Nurses and other required staff. Therefore, it is submitted that it is much above the Indian standards for a 100 bedded Sub District Level Hospital. In addition to this, administrative sanction has already been given for the appointment of 6 specialist doctors through National Help Mission as requested by the Superintendent of the Hospital namely, (1) physician (2) 1 surgeon (3) 1 Pediatrician (4) 1 Anesthetist 5) 1 Dermatologist 6) 1 Pathologist, and walk-in-interview for the posting of these specialist doctors through National Help Mission (NHM) was scheduled on 03.11.2020. That apart, it is stated that these doctors will be working there till the permanent hands are appointed by the Government and in addition to this, 1 post of Lay Secretary ,1 post of Pharmacist Store Keeper, and 1 post of Nursing Superintendent are deployed to the Tribal Specialty Hospital, Kottathara from other institutions of the District, evident from Annexure I proceedings of the District Medical Officer, Palakkad dated 27.10.2020.

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Again it is submitted that the National Health Mission has provided a 4D Colour Doppler Ultrasound machine (make GE Logiq F8 expert) to the Tribal Specialty Hospital, Kottathara and the hospital authorities have informed that the machine is functioning properly and the photograph of the machine is produced as Annexure II. In the meeting held on 25.10.2020, the Superintendent had requested for an

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additional 'echo probe' for the machine and administrative sanction has also been given for the purchase of the same through Kerala Medical Services Corporation Limited (KMSCL), and accordingly, KMSCL has placed supply order for the purchase of the said machine.

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As per G.O(Rt.) No. 3030/2014/HOME dated 19.11.2014, the State Government has designated the Sub Collector, Ottapalam as Nodal Officer to coordinate all developmental and revival activities in the tribal area. That apart, in compliance with the order of this Court, the Government, as per GO(Rt.) No. 2541/2020/HOME dated 30.10.2020, have issued orders to specify the powers attributed to the Nodal Officer. As per the said latest Government Order, the Sub Collector/RDO, Ottapalam, in his role of the Nodal Officer for Attappady area project, shall effectively coordinate with the department(s) of Forests and WildLife, PWD, Health and Family Welfare, Drinking Water and Sanitation, General Education Housing, ST Development, Agriculture etc for the execution of all the developmental and revival activities in tribal areas, as may require to be implemented therein, by the respective Departments of the Government of Kerala under different State sponsored schemes and/or Centrally sponsored schemes, evident from Annexure III dated 03.10.2020. The Sub Collector/RDO, Ottapalam, in his status as Nodal Officer for Attappady tribal area project is also endowed with the power to communicate with all the above Departments

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and the Officers of the concerned Departments were directed to furnish action taken report and progress of the implementation of the projects at Attappady Tribal area to the Nodal Officer in a time bound manner.

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Therefore, it can be seen that during the pendency of the writ petition, consequent to the periodical orders passed by this Court, substantial developmental activities were undertaken by the State Government and the National Rural Health Mission in order to ventilate the grievances of the tribals in the area. Pursuant to a direction issued by this Court, the Kerala State Legal Service Authority has submitted a report dated 16.03.2020 after conducting an inspection in the area and we feel that the inclusion of the said report would be beneficial to understand and assimilate the fact situations that were/are prevailing in order to regulate the activities in future, and to give directions hereafter, and the report reads thus:

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“REPORT SUBMITTED BY K.T.NISAR AHMMED, MEMBER SECRETARY, KERALA STATE LEGAL SERVICES AUTHORITY AS THE CHAIRPERSON OF THE MONITORING COMMITTEE CONSTITUTED AS PER THE ORDER OF THIS HON'BLE COURT DATED 05.07.2016 IN WP.NO. 31574 OF 2014. (some typographical errors are corrected by us to make it readable appropriately without any change to the basic structure)

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1)The Monitoring Committee, constituted as per the above said Order of this Hon'ble Court, for reporting to this Hon'ble Court

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regarding the progress of the management of the affairs of the tribals through different authorities in the executive mechanism under the Central and State Governments etc, convened meeting of the officials concerned in the Guest House at Mukkali, Silent Valley Forest Guest House on 04.1.2020 at 8.30 am and charted the visit of tribal colonies at Attappadi.

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2)In the said meeting, Sri. K.T. Nisar Ahammed, Member Secretary KELSA, Sri. Vijayakumar, Former District Judge, Wayanad, Sri. D Ajithkumar, Senior Counsel KELSA, Sri. Robin M.K. Special Govt. Pleader, SC/ST Development Department High Court of Kerala, Sri. Nagaraj Narayanan Special Govt. Pleader Forest Department High Court of Kerala, Smt. P.K. Santhamma, member and former Special Govt. Pleader, S.K. Devi, President, Women Lawyers Federation of India Kerala Branch, Mr. P.B.Nooh, District Collector Pathanamthitta, (former Sub-Collector and Nodal officer Attappady), Mr. Arjun Pandian, Sub Collector Ottapalam, Deputy DMO, Dr.Prabhu Das Superintendent of Kottathara Tribal Super Specialty Hospital, Attappady, Tribal Project Officer, Tribal Development Officer; Staff from Revenue Office, Ottappalam were present.

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3)The team first visited Kavundikal Ooru, where 175 families with about 450 members belonging to the Irular Tribe are residing. They are provided with houses. Some houses were constructed with tile roofs 40 years back, some are under construction and some are completed. All the houses are constructed with a gap of hardly 1 meter, on either side of a closed drainage which is not seen completed, and also it is used as a road. It is not seen that the Panchayath Building Rules are made applicable for constructing the buildings in the ooru. Ooru residents are poor people. Some of them are provided with land having 60 to 70 cents and used for cultivation. But birds

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including peacock and wild pigs destroy the fruits of cultivation.

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No preventive measures are there to prevent the peacocks and pigs from entering into the agriculture land.

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4) Complaints

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Toilets

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In some houses, construction of toilets are not completed. So they cannot use them.

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Water supply

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They get water supply through pipes, but only once in a week. No supply of water by tanker lorry. Non-supply of water is a big problem for their day to day life.

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Community kitchen

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Community kitchen is working only in the morning. No list of beneficiaries is published. (The tribal people like to have Ragi and Vegetables, but 'Kanji (rice porridge) and payar' is being given as breakfast every day.)

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Drainage system

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There is a drainage system in the middle of two rows of houses with holes in the middle portion of each slab, which according to them, is a mosquito breeding place.

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Other complaints

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They get MNREGA work, but wages are not being given regularly.

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Though about 22 children are there, only 8 children attend Anganwady.

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Old houses are having a kitchen and a bed room only.

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There should be a mechanism for providing stationery items and

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vegetables regularly by Supply Co. to the community kitchen, so that they can cook some of their traditional food.

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5 Usage of betel leaves and illegal supply of liquor are prevalent there and are a menace to the adult people.

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In discussions in the meeting held at 3.00 O'clock at Agaly, the following assurances came from the officials concerned who are in charge of each project.

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Toilets - Amount is being given on each stage of completion. Speedy completion will be done. Steps are to be taken by the ST Devpt. office.

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Water Supply - Steps are being taken for regular supply of water.

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Drainage system - The inspection of the drainage system will be done. If construction is defective, it is to be rectified. (Failing which, there is a chance of contagious disease due to mosquitoes.) Draining facility: - that is by putting pipes from houses to main drainage will be done.

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MNREGA wages: steps will be taken to see the wage of Thozhilurappu(MNREGA), to be paid regularly.

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Steps for supplying vegetables from Supply. Co will be ensured.

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Liquor - Excise Department to be made more vigilant in the area.

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6) NAKUPATHY OORU

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After visiting Kavundi Ooru , the team directly proceeded to Nakupathy Ooru in Attappady. When interacting with local people, it was informed that they are not getting wages of work done under MGNREGA Scheme. So it is a main problem to be taken with the authorities.

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The teenaged boy, completed 10th standard, who was asked to

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write a sentence in English, could not write. Some other children have also failed to write. What is to be understood is that the children are not getting proper/quality education in Schools.

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7)KOTTATHARA TRIBAL SUPER SPECIALITY HOSPITAL ATTAPPADY.

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Next, the team moved to Kottathara Tribal Super Speciality Hospital Attappady.The hospital is working in a 4 storied wellconstructed building.

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100 Bed proposal.

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Govt. have declared and submitted in their action taken report, that a 100 bed facility is made available in the hospital. That is seen correct also. But we were told that the requisite GO. by the Government for the same is not issued till date. So a sufficient number of Doctors, Nurses and other staff are not posted there according to the above said strength of the hospital and hence find it difficult to meet the requirements of increasing the number of patients in the hospital.

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The Doctors

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All the Doctors are juniors. Senior Consultant Doctor is not available in the hospital. Hence in case of emergency they are not able to take an expert opinion from a Senior Consultant Doctor. The gynecology doctors from PHC Agali, Puthur etc, are being posted on a work arrangement basis in the hospital to meet the necessities of the hospital. Such a system of posting of Doctors on work arrangements basis in the hospital is not sufficient to meet the necessities of patients. The only way to solve the same is to post Doctors there on a permanent basis. The service of permanent doctors is to be made available in the hospital for 24 hours due to more gynecology cases.

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There are an average 45 cases of delivery coming in the hospital every month, in which 1/4th is only of Tribes. Dr.Rajesh, at present, the only permanent gynecologist posted in the hospital. The details of Doctors available in Kottathara hospital as on 04.01.2020 is produced herewith as Annexure A1, for identification. The 32 Doctors are quite insufficient to meet the necessity of increase in the number of patients in the hospital. The staff position of GTSH, Kottathara, 54 bedded hospital is also produced herewith as Annexure A2 , for identification. Annexure A2, staff pattern shows that the staff for a hospital of 54 beds are working for 100 beds at present and also find it difficult to meet the necessities of the patients. As per the Indian Public Health Standards, the additional posts are to be created in the hospital which is produced herewith as Annexure A3 , for identification. But, the Government has not taken any action to create additional posts as per Indian Public Health Standards so far.

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They informed us that there are two gynecologist exist in each hospital at Alathur, Koelmannam and Elappally. In Kottathara hospital which is a Super Specialty hospital, it is high time to create at least one more post of gynecologist. In the present situation, the Doctors who work here have to do 24 hours duty and hence they are under extreme stress.

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ULTRASOUND MACHINE

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In gynecology O.P of Govt. Tribal Speciality Hospital, 75 to 100 pregnancy cases are being attended daily. In the labor ward of the hospital 50 to 60 delivery cases are being attended per month. Among them, 80% of people are from tribal communities. But still there is no scanning machine available for taking 'pediatric echo' for detecting heart diseases of infants at the earlier stage. In those circumstances, the Doctors have to refer for scanning for the same to Thrissur

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Medical College Hospital or Kozhikode Medical College Hospital and the parents have to travel with such infants for a long distance which is high risk to the life of infants. The Nodal Officer, Tribal Health told us that he has requested the Managing Director, KMSCL, Thiruvananthapuram to supply the said machine, but no steps have been taken so far.

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In addition to that, NHM provided a 'Machine Model NO: Sonoscape S11-1 which has the facility for color Doppler. But it is not installed in the said machine so far. The Nodal Officer, Tribal Health also informed that he has requested for it to the State Mission Director, NHM, Thiruvananthapuram to make available the fund to install the color Doppler facility, but the same is also not sanctioned so far.

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The Nodal Officer, Tribal Health also requested the Director, Health Department to make available the 4D color Doppler scanning machine for scanning the pregnant woman is also not considered so far. Such lethargic attitude of the authorities concerned will cause loss of precious life of human beings.

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QUARTERS

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The doctors also find it very difficult for accommodation in the locality. They do not have family quarters. The staff quarters are not sufficient in number according to the staff strength in the hospital.

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CHILD DEATH

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About child death, they opined that they could reduce the rate of infant mortality considerably from the earlier years.

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8. AGALI MODEL RESIDENTIAL SCHOOL (MRS) SCHOOL

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The school is situated in a beautiful place. But the infrastructure is very poor. There are no fans in the class. The toilets

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are very unhygienic. The toilets set apart for boys are very dirty. There are only 3 toilets for the boys.

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9. POWERS OF NODAL OFFICER

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A cabinet Sub Committee constituted to study the issues faced by tribes in Attapadi area have filed recommendations to resolve such issues and as per the recommendations, Government of Kerala have formed a committee. with Ottapalam Sub collector as Convenor. The government has also decided to appoint Ottapalam Sub-Collector as Nodal officer for coordination and review of project activities of various departments of Attapadi. Based on this, the Committee meets every month to review the progress of all departments' project work and facilitate coordination between departments.

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In the meantime, one P.D Joseph has moved before the High Court with a Writ Petition WPC) 31754/2014 and the Hon'ble Court in its order had also directed the appointment of a Special Administrative unit in the Attappady area and the appointment of an IAS officer as Special Officer. However, due to the legal and technical barriers in setting up a post with revenue powers to deal with land issues and the practical difficulty of the finance department in granting the associated offices and posts, no further action has been taken. No specific direction has been issued in connection with the constitution of Nodal Office, such that the various departments are aware of the activities of Nodal Officers.

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Though Sub Collector Ottapalam has been appointed as Nodal Officer and Committee was constituted, the functions of the committee and the nodal officer appointed were not properly defined. Till date the Staff Pattern has not been fixed for the Office of Nodal Officer. Since there is no government-wide direction attached to other

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departments, the projects themselves are independently formulated by the respective departments. Since the other departments have not been brought under the nodal officer, they are unable to coordinate or control their activities. It is submitted that if responsibilities are fixed by the Nodal Officer, there should be an opportunity to exercise the authority to monitor the activities and control the other departments. Currently, the Nodal Officer has no authority to take disciplinary action against any lapses caused by the Heads of Other Departments .Recently, in 2019 a room has been allotted for the functioning of Office for Nodal officers at Agali Mini Civil Station.

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If a convergence cell is formed with a Nodal officer as the officer in charge or chairman and all other heads of departments as members can solve the above problems. Moreover, a few minor amendments to the project structure prepared by the government can serve the purpose of the above court order. It is expected that the proposed project convergence cell will work in coordination with the various departments of Attappady and with proper time lines, it will help to achieve consolidation of development activities in the Attappady area.

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In this case it would be appropriate to include the following amendments in the Government prepared project.

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Tribal sub-plan projects also need to be reviewed so that Officials of the LSG Department can also be considered as members.

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If the officer in charge of the Convergence Cell is given the powers of the Special Officer as recommended earlier, he will be able to intervene and promote progress in all areas of tribal

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social life including land alienation issues.

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Separately implemented projects are likely to double in funding and other activities. Bringing in an officer in a coordination between departments can be helpful in avoiding duplication.

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The activities of various departments, Agencies and NGOs without the notice to the Scheduled Tribes Development Department or the ITDP can be brought under the supervision and control of this Cell which may help to reach such aids to the deserving beneficiaries.

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Further, various projects of the Health Department, which are implemented through the budgetary allocation of the Scheduled Tribes Development Department, NRLM, Tribal Plus advance salary distribution in Millet Village for MGNREGS can be monitored by this cell.

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The coordination work of the Department of Health and AYUSH can be brought under the convergence cell which may help to improve public health in Attappady.

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Establishment of Permanent office for Nodal Officer at Attappady with administrative and financial powers with staff.

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The above mentioned Convergence Cell and bringing the various departments under the nodal officer would help to ensure coordination and accountability of various departments in Attappady. Already formed committee can monitor the functioning of the cell.

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10.Community Kitchen

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The Co-ordinator has submitted that food is being prepared in the morning and evening and served to children, adolescent boys and girls, pregnant women, lactating mothers, persons suffering chronic diseases, aged persons, who do not have anybody to look after. The difficulty she informed was, she is not getting enough money to purchase provisions and vegetables. She is availing loans from Kudumbasree and meeting the requirements of smooth running of community kitchen. The shortage of money makes it difficult to get food materials like raggi etc.

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11.Agriculture.

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The tribals are more concentrated in agriculture, but they find it difficult to harvest the crops because wild pigs, peacocks and other birds are a threat to the crops. No measures have been taken by the concerned authorities to prevent the same.

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12.EDUCATION

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Schools are available at Attappady. There is a Model Residential School with a hostel available only at Agaly. The drawbacks are

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The children are not getting proper coaching. Teachers are absent in many days. The students are not able to properly read and write.

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Students are not interested in attending school daily. If a festival comes, they go behind it. The boys usually engage to play with instruments associated with their festival celebrations and they get some money for their performances. They return to school

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after long intervals, which make it not easy to follow the lessons.

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13.Narcotic usage.

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The students take items such as betel leaves, illegal liquor etc.

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14.Tribal office.

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They said that they are concentrating on the affairs of the Tribes. But it is seen that they are not keen in dealing with each of their problems. The unfinished houses, toilets, passages, roads, water scarcity, education, agriculture, progress of study, arranging transport facility to school, health problems etc. are to be considered with much care and interest, which will improve the living condition of the tribal people in Attappadi. Health matters are a big problem for the tribes. The child death is an alarming issue, which is now somewhat under control.

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15.The suggestions

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There should be provision for providing food materials for community kitchen including supply of vegetables, for which arrangements have to be made for getting the items through Supply. Co.

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Agriculture.

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Measures are to be taken for driving away the animals and birds from agriculture fields causing damage to the agriculture crops.

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EDUCATION

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i. Education is to be given prime importance, for which proper and regular attendance of both teachers and students is to be ensured.

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ii. Transport facilities of students are to be taken seriously by the ST department.

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iii. Breakfast and meals are to be provided to all children in need, because the students of High School and Higher Secondary level who are attending extra classes in the morning are not able to take food early in the morning from their houses.

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Steps to be taken to inculcate the importance of education in life among students.

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v. The fan facility shall be provided in classrooms.

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vi. More toilets have to be constructed in schools. The toilets and surroundings shall be clean, neat and hygienic.

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vii. Awareness to be given regarding the adverse consequences of using Betel leaf chewing and taking liquor.

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Water scarcity

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Water scarcity is to be taken seriously and immediate measures are to be taken for supplying water, regularly.

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Health of Adolescent girls

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Awareness has to be given to the adolescent girls to keep the menstrual hygiene and regular health checkups.

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Earning.

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The Tribes are engaged in the MNREGA scheme for work. The measures are to be taken for paying their wages regularly.

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Kerala Panchayath Building Rules

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Future construction of the buildings in Attappadi should be strictly in accordance with the Panchayath Building Rules.

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16. Other suggestions-

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i. Expansion of quarter's facilities, and consideration of special allowances for employees working in all departments to attract young and talented staff to Attapady.

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ii. Special consideration to appoint ground level staff like Anganwadi workers, Tribal promoters, and ASHA workers from the same locality or colonies to gain the trust of the community and effective assimilation of information”.

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Apart from these inputs, the learned Standing Counsel for the National Health Mission, State Mission Office, Thiruvananthapuram has produced before us a communication dated 27.10.2020 issued by the State Mission Director explaining the details in respect of the compliance of the directions issued by this Court. It is stated therein that the Tribal Specialty Hospital, Kottathara is one of the best Sub District Level Hospitals in India and the institution is having the status of 'National Quality Assurance Standards' accredited by the Government of India since 2018. The institution scored 94.67% in NQAS national assessment conducted by the trained assessors appointed by the NHSRC. The institution is also having the status of the Kerala Accreditation Standards for Hospitals (KASH) and is accredited since 2018. Apart from the same, the Tribal Specialty Hospital is the winner of the State Level first prize in KAYAKALP Awards, 2018. it is also submitted that the Health Mission is implementing all the State as well as Central Government schemes in order to improve the standard of life of the tribals by providing sufficient

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and adequate facilities in all fields, so far as the National Health Mission is concerned.

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We are also reminded that, the fundamental rights guaranteed under part 111, the directive principles contained under Part IV and the fundamental duties under part IVA of the Constitution of India obligate the State and the central Government, and the appropriate Departments to ensure that the educational, economic, health and other interests of the tribal people are protected and the duties imbibed in them are discharged without failure. Since the directions issued by this Court were complied with by the Government to a satisfactory extend/level, we are of the view that the writ petition can be disposed of issuing further and appropriate directions for strict compliance, in view of the additional statement filed by the Secretary of the Scheduled Castes and Scheduled Tribes Department dated 22.10.2020, and the instructions imparted by the National Rural Health Mission, and also taking into account the assurances for rectification made as per the report of the Kerala State Legal Service Authority as above. This we say especially because, the report of the monitoring committee is absolutely acceptable since it is drawn in the presence of all the stakeholders and nobody has objected to the same also. As we said above, all the stakeholders have the statutory duty to translate the intention of the framers of the constitution and thus make every endeavour to bring the humble lot to the mainstream of the

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society.

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Having heard respective counsel across the bar and perusing the pleadings and materials on record, the writ petition is disposed of:

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directing the Nodal Officer appointed by the State Government, to take adequate steps as per order, GO(Rt.) No. 2541/2020/HOME dated 30.10.2020 to ensure that the remaining construction works and other activities as undertaken and assured to be undertaken under various schemes of the State and the Central Government are completed within a period of four months from the date of receipt of a copy of this judgment.

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The Nodal Officer is directed to convene periodical meetings of all the stakeholders so as to ensure the proper functioning of the hospital and other activities undertaken by the Public Works and other Departments without fail.

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1. The arrears of payments due to the tribals under any schemes shall be paid within one month, and all other payments shall be made as and when it falls due.

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1. The nodal officer shall take effective and adequate steps to abate the nuisance of supplying substance, liquor and illicit liquor to the students and the tribals and to prevent any exploitation on the basis of the same .

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1. The Nodal officer shall coordinate supply of all essentials, including food materials and water, to the tribals in accordance with the system prevailing or hereafter made uninterruptedly .

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1. It shall be ensured that the medicines aresupplied to the hospital uninterruptedly, and the day to day maintenance activities of the tribal hospital are carried out without fail .

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The State Government shall take steps at the earliest possible to develop a scheme for the construction of staff quarters so as to ensure service of doctors and health workers round the clock to the tribals and the needy.

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The Nodal officer shall coordinate sufficient transport facilities appropriately and for urgent requirements of the tribals .

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All other defects noted in the report of the monitoring committee remain to be rectified, and assured to be rectified shall be rectified at the earliest possible time.

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Writ petition is accordingly disposed of with the above observations

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and directions, and also making it clear that any failure to implement the directions brought to our notice would be viewed seriously.

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sd/- S. MANIKUMAR, CHIEF JUSTICE.

sd/-

SHAJI P. CHALY,

JUDGE.

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 P1 - TRUE COPY OF THE NRHM SURVEY REPORT PUBLISHED BY HINDU DAILY.

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EXHIBIT P2 P2 - TRUE COPY OF THE ARTICLE PUBLISHED IN INDIAN EXPRESS DAILY DATED 04.11.14 IN RE3SPECT OF INSTANCES OF INFANT DEATHS.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R4(a): TRUE COPY OF STATISTICS OF INFANT DEATH REPORT OF ATTAPPADY AREA FROM 2012 TO JANUARY, 2015.

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EXHIBIT R3(a): TRUE COPYOF THE DETAILS OF COMMUNITY KITCHEN BENEFICIARIES (NAMES OF CHILDREN, PREGNANT WOMEN, LACTATING MOTHERS AND ADOLESCENT GIRLS)

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EXHIBIT R3(b): TRUE COPY OF THE DATA MAINTAINED BY THE NUTRITION REHABILITATION HEALTH CENTREUNDER THE NRHM WHICH REVEALS THE STATISTICAL DATA IN RESPECT OF CHILDREN WHO ARE SEVERELY ACUTE MALNOURISHED AND MODERATELY ACUTE MALNOURISHED CHILDREN.

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EXHIBIT R3(c): TRUE COPY OF THE PROGRESS REPORT ON THE SPECIAL THERAPEUTIC FEEDING PROGRAMME CONTINUED TO BE DONE UNDER THE JOINT EFFORTS OF SOCIAL JUSTICE DEPARTMENT AND NRHM.

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EXHIBIT R3(d): TRUE COPY OF THE INFANT DEATH REPORTED FOR THE PERIOD 2012 TO JANUARY, 2015.

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EXHIBIT R(a): TRUE COPY OF THE DETAILS OF THE DRINKING WATER SUPPLY SCHEME IN ATTAPPADI BLOCK.

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ANNEXURE R1(a) TRUE COPY OF TOTAL SUM ALLOTTED BY THE ST DEPARTMENT FOR ATTAPADY AND TOTAL EXPENDITURE DURING 2014-2015.

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ANNEXURE R1(b): TRUE COPY OF THE TOTAL FUND ALLOTTED FOR ATTAPADY BLOCK THROUGH HEALTH DEPARTMENT.

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ANNEXURE R1(c): TRUE COPY OF THE DETAILS OF FUND PROVIDED TO ICDS FOR CONDUCTING COMMUNITY KITCHEN FOR THE YEAR 2014-2015.

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ANNEXURE R1(d): TRUE COPY OF THE DETAILS OF TOTAL MANDAYS UNDER MGNREGS DURING 2014-2015.

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ANNEXURE R1(e): TRUE COPY OF THE DETAILS OF SEVERAL SCHEMES IMPLEMENTED IN ATTAPADY BY THE DISTRICT PANCHAYAT DURING THE YEAR 2014-2015.

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ANNEXURE R1(f): TRUE COPY OF THE DETAILS OF ALLOTMENT, EXPENDITURE, BALANCE AND TOTAL UTILIZATION OF THE FUND FOR HTE ATTAPADY BLOCK PANCHAYAT FOR THE YEAR 2014.

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ANNEXURE R1(g): TRUE COPY OF THE DETAILS OF THE FUND ALLOTTED FOR PUDUR GRAMA PANCHAYAT AND THE AMOUNT SPENT AND UNSPENT FOR THE YEAR 20142015.

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ANNEXURE R1(h): TRUE COPY OF THE DETAILS OF FUND ALLOTTED FOR SHOLAYUR PANCHAYAT, EXPENDITURE AND TOTAL UTILIZATION OF FUND FOR THE YEAR 2014-15.

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ANNEXURE R1(i): TRUE COPY OF THE DETAILS OF THE TOTAL TSP FUND AND EXPENDITURE OF AGALI PANCHAYAT.

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ANNEXURE R1(j) TRUE COPY OF THE DETAILS OF FUND ALLOTTED AND EXPENDITURE UNDER PVTG FOR THE YEAR 2014-2015.

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ANNEXURE R1(k): TRUE COPY OF THE DETAILS OF THE AMOUNT SPENT BY IRTC BY ITS OWN FOR THE NURSERY.

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ANNEXURE R1(l): TRUE COPY OF THE DETAILS OF THE PROPOSAL SUBMITTED UNDER THE MINOR IRRIGATION DIVISION, PALAKKAD TO GOVERNMENT.

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ANNEXURE R1(m): TRUE COPY OF THE DETAILS OF FUND SANCTIONED, ALLOTMENT AND UTILIZATION UNDER PMGSY.

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ANNEXURE R1(n): TRUE COPY OF THE DETAILS OF FUND ALLOTMENT AND SPENT FOR 2014-15 BY THE ANIMAL HUSBANDRY.

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ANNEXURE R1(o): TRUE COPY OF THE DETAILS OF FUND OF THE REVENUE FOREST AND POLICE DEPARTMENT.

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ANNEXURE R1(p1): TRUE COPY OF THE DETAILS OF FUND SPENT BY THE PUBLIC WORKS DEPARTMENT.

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ANNEXURE R1(p2): TRUE COPY OF THE REPORT OF THE PUBLIC WORKS DEPARTMENT. ANNEXURE R1(a): TRUE COPY OF THE EXPENDITURE STATEMENT 2013-2014 AND 2014-2015.

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ANNEXURE 1: TRUE COPY OF REQUEST LETTER SUBMITTED BY MR. P.B. NOOH.

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ANNEXURE 1: TRUE COPY OF THE GOVERNMENT ORDER PERMITTING TO START AN OFFICE OF THE SPECIAL TAHSILDAR ALONG WITH ITS ENGLISH TRANSLATION.

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/True Copy/

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P.S To Judge.

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P.D.Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.D.Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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