|W.P. No.34744 of 2019
|Date of Filing
|1.Madhavan,2. Dharani & 3. Adhikesavan
|1.The District Collector cum District Magistrate, Tiruvannamalai, 2. The District Adi Dravidar Welfare Officer, Tiruvannamalai, 3. The Superintendent of Police, Tiruvannamalai & 4. The Deputy Superintendent of Police, Tiruvannamalai
The present case relates to a claim for rehabilitation and compensation on the death of a person in an act of caste-based violence.
The Petitioners are a family comprising of the father, mother and younger brother of the deceased person, who lost his life in a caste atrocity incident in 2017 at Cheyyar, Tiruvannamalai. Although 2 years had passed since the FIR was filed invoking the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the accused, the District authorities failed to provide the relief mandated by law to the family members of the victim as prescribed in the Act.
For instance, relying on Rule 12(4) read with S. No. 46 in the Schedule in Annexure – I of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the 3rd Petitioner (younger brother of deceased) applied to the District Collector seeking a Government job on compassionate grounds. His application was rejected by the District Collector’s office through an order dated 07.08.2018 on the mistaken ground that he had not applied for the job within three years. Based on these provisions, the Petitioners also sent a representation to the District Collector. However, the District Collector failed to take any action.
The Petitioners relied on G.O. Ms. No. 55, Adi Dravidar and Tribal Welfare (PA2) dated 28.08.2017 read with Rule 15(1)(b) and 15(1)(d) of the 1995 Rules. The G.O. and Rules squarely place the responsibility of allotting agricultural land and providing employment in a Government post or undertaking for the dependant or a family member of the victim on the District Collectors and all Department District Level officers. Further, such measures have to be provided within three months, which was not done in the present case.
CLPR is representing the Petitioners, who have approached the Madras High Court seeking a direction from the Hon’ble Court to quash the impugned order passed by the District Collector, Tiruvannamalai dated 07.08.2018 and direct the District Collector and the District Adi Dravidar Welfare Officer, Tiruvannamalai to provide the 3rd Petitioner with employment in a Government post on compassionate grounds and also make provision for agricultural land to the 1st and 2nd Petitioner within a stipulated time.
On 19th December 2019, the Hon’ble Madras High Court was pleased to admit the Writ Petition and has issued notice to the Respondents.