The High Court of Kerala directed the District Collector and District Police Chief of Kasaragod to open all roads leading to Karnataka and permit inter-state travel, subject only to identification of persons to prevent COVID-19 spread.
Direction to open all roads leading to Karnataka and prohibit restrictions except for identification of travelers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942
WP(C).No.16276 OF 2020(S)
PETITIONER:
K.SHREEKANTH AGED 43 YEARS
S/O. LATE VASUDEVA ARALITHIYA, WARD MEMBER, DIVISION 3 EDANEER, KASARAGOD DISTRICT PANCHAYAT, RESIDING AT SHIVA PRASAD NILAYAM, THRIKKANNAD, BEKAL P.O., HOSDURG, KASARAGOD DISTRICT, PIN-671 318.
BY ADVS.
SRI.SAJITH KUMAR V. SRI.A.V.VIVEK SHRI.GODWIN JOSEPH SMT.APARNA CHANDRAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT FOR REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN-695 001.
2 DISTRICT COLLECTOR KASARAGOD, CIVIL STATION, VIDYANAGAR P.O., KASARAGOD-671 123.
3 DISTRICT POLICE CHIEF KASARAGOD, O/O DISTRICT POLICE CHEIF, PARAKATA, VIDYANAGAR-ULIYATHADKA ROAD, KUDLU, VIDYANAGAR P.O., KASARAGOD-671 123.
4 UNION OF INDIA REPRESENTED BY SECRETARY TO THE GOVERNEMNT, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110 001.
R1-R3 BY SRI.RANJITH THAMPAN, ADDL.ADVOCATE GENERAL SRI.SURIN GEORGE IPE, SENIOR GOVT.PLEADER SRI.ARAVIND KUMAR BABU, SENIOR GOVT.PLEADER
WP(C).No.16276 OF 2020(S)
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R4 BY SRI. P. VIJAYAKUMAR, ASG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16276 OF 2020(S)
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JUDGMENT
S.MANIKUMAR,CJ
On 26th August, 2020, we directed that four State Highway Roads from Kasargode District leading to Karnataka viz., Peria, Balsoor, Panathoor and Manimmla-Bandaduka District road be opened, to facilitate travel of persons and transportation of goods from Kerala to Karnataka and return. We also permitted the Disaster Management Authority to issue appropriate orders incorporating the very same conditions for travel/transportation of goods in the areas, where the four other roads are opened in order to identify the persons who undertake the travel, and we also made it clear that, no restrictions are imposed.
WP(C).No.16276 OF 2020(S)
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submitted that in the event of any road leading to Karnataka remains closed, the same would be opened facilitating the inter-state travel between Kerala and Karnataka.
and that there shall not be any prohibition except for identification of those who make the travel to prevent the threat of COVID-19.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
smv
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE UNLOCK 2 GUIDELINES ISSUED AS PER ORDER NO.40-3/2020-DM-I(A) DATED 29.6.2020 ISSUED BY THE 4TH RESPONDENT.
| EXHIBIT P2 | A TRUE COPY OF THE NEW INDIAN EXPRESS REPORT DATED 8.7.2020. |
|---|---|
| EXHIBIT P3 | A TRUE COPY OF THE RELEVANT PAGES OF UNLOCK 3 GUIDELINES ISSUED AS PER ORDER NO.40- 3/2020-DM-I(A) DATED 29.7.2020 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P4 | A TRUE COPY OF THE G.O.(MS) NO.135/2020/GAD DATED 30.7.2020 ISSUED BY THE IST RESPONDENT. |
| EXHIBIT P5 | A TRUE COPY OF THE PETITION DATED 31.7.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. |
| EXHIBIT P6 | A TRUE COPY OF THE ORDER NO.DCKSGD/1331/2020-K1 DATED 3.8.2020 ISSUED BY THE 2ND RESPONDENT, ALONG WITH ITS ENGLISH TRANSLATION. |
| EXHIBIT P7 | A TRUE COPY OF THE JUDGMENT DATED 11.6.2020 IN WPC NO.9399/2020 AND CONNECTED CASES OF THE HON'BLE HIGH COURT OF KERALA. |
| EXHIBIT P8 | A TRUE COPY OF THE JUDGMENT DATED 7.4.2020 IN SLP 10843/2020 AND CONNECTED CASES OF THE HON'BLE SUPREME COURT OF INDIA. |
| EXHIBIT P9 | A TRUE COPY OF THE ORDER NO.DCKSGD/1331/2020-K1 DATED 07.08.2020 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P10 | A TRUE COPY OF THE ORDER NO.CALCR22/2020/88613/C1 DATED 15.08.2020 ISSUED BY THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT ALONG WITH ITS ENGLISH TRANSLATION. |
| EXHIBIT P11 | A TRUE COPY OF THE D.O.NO.40-3/2020-DM-I(A) |
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DATED 22.08.2020 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P12 A TRUE COPY OF THE RELEVANT PAGES OF THE UNLOCK 4 GUIDLINES ISSUED AS PER ORDER NO. 40-3/2020-DM-I(A) DATED 29.08.2020 ISSUED BY THE 4TH RESPONDENT EXHIBIT P13 A TRUE COPY OF THE D.NO.40-3/2020-DM-I(A) DATED 29.08.2020 ISSUED BY THE 4TH RESPONDENT
2 issues framed by the court
Whether the District Collector and District Police Chief are directed to open all roads in Kasaragod District to Karnataka to facilitate inter-state travel during the COVID-19 pandemic.
Whether any prohibition can be imposed on such travel other than identification of persons to prevent the threat of COVID-19.
2 provisions across 2 enactments
K.Sreekanth
State of Kerala
Union of India
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
