The court dismissed writ petitions regarding Karnataka-Kerala border closures during the pandemic as infructuous after higher authorities established a protocol for free patient movement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 11TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942
WP(C).No.9399 OF 2020(Y)
PETITIONER:
GOVINDAN PALIKAPPIL
AGED 54, S/O.S.K.RAMAN, PALIKAPPIL HOUSE, RAVANESHWARAM P.O., BECKAL FORT, KASARGOD DISTRICT, PIN - 671 316.
BY ADV. SRI.S.RENJITH
RESPONDENT/S:
W.P.(C) Nos. 9399 & 9413 of 2020
-2-
SECRETARY, [email protected]
R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SR. GP. SURIN GEORGE IPE FOR R4 TO R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2020, ALONG WITH W.P.(C) NO. 9413/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) Nos. 9399 & 9413 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 11TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942
WP(C).No.9413 OF 2020(S)
PETITIONER/S:
THE KERALA HIGH COURT ADVOCATES' ASSOCIATION, REPRESENTED BY ITS SECRETARY, 1ST FLOOR, HIGH COURT OF KERALA BUILDING, ERNAKULAM-682 031.
BY ADV. SRI.MANU GOVIND
RESPONDENT/S:
W.P. (C) Nos. 9399 & 9413 of 2020
: 4 :
SR GP SRI SURIN GEORGE IPE FOR R1 TO R4, ASG SRI P VIJAYAKUMAR FOR R5, SRI S.MANU FOR R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2020, ALONG WITH W.P.(C) NO. 9399/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) Nos. 9399 & 9413 of 2020
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Dated this the 11th day of June, 2020.
JUDGMENT
S. Manikumar, CJ
The above writ petitions are Public Interest Litigations seeking a direction to reopen all the boarders of the State of Karnataka connecting the State of Kerala enabling the persons in Kerala to travel to Mangalore for treatment and also for the free movement of vehicles carrying essential commodities to Kerala.
W.P. (C) Nos. 9399 & 9413 of 2020
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respondent in W.P.(C) No. 9413 of 2020, the State of Karnataka, represented by the Chief Secretary, Secretariat, Vikasa Saudha, Bangalore - 560 001, that the matter has become infructuous.
“Pursuant to our last order, dated 30.03.2020, we heard the learned Advocate General of Karnataka through Video Conferencing on 31.03.2020, as well as today (01.04.2020). At the time of hearing on 31.03.2020, it was submitted by the Advocate General of Karnataka that some of the road routes from Karnataka to Kerala, bordering Kannur District, that had hitherto been blocked by the State of Karnataka, could be opened and maintained as such till the lifting of the lockdown arrangement, to facilitate transportation of essential commodities to the State of Kerala. He then sought for a day’s time to ascertain whether it would be possible to remove the blockade over the roads bordering Kasaragod District, so as to facilitate the movement of vehicles carrying patients who required urgent medical attention.
W.P. (C) Nos. 9399 & 9413 of 2020
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guidelines issued, both by the Central Government under the Disaster Management Act, as also the Government of Karnataka under the Epidemic Diseases Act, 1897 read with the enabling provisions under the Disaster Management Act, 2005, this Court ought not to wait any longer, and must pass urgent orders to protect the fundamental right of the citizens.
W.P. (C) Nos. 9399 & 9413 of 2020
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by the residents in Kasargod District, in Kerala, who were prevented from travelling to Mangalore, in Karnataka, for urgent medical treatment. The said restrictions imposed by the State of Karnataka, through the blockades erected for the purpose, has resulted in the loss of many lives in the last two days. Despite the grant of time, the learned Advocate General of Karnataka has not been able to come up with any solution to the problem. The discussions between the Central Government and the two State Governments have also not produced any results. Under the circumstances, we feel that any further delay in resolving the stalemate could be catastrophic for the residents of Kasargod District in Kerala.
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matter. We might however observe that when a High Court of a State in the Union of India, finds and declares the actions of the executive Government of another State to be illegal and unconstitutional, the said State Government would be obliged, under our Constitution, to defer to the said declaration of law by a Constitutional Court of this Country, notwithstanding that the said Court is situated beyond the territorial limits of the said State. The fundamental rights guaranteed to each Citizen of India under our Constitution, are to be zealously protected by the State, which term refers jointly to the Centre, the States and the Union Territories that together constitute the Union of India. The said Federal principle is eloquently and succinctly expressed in Art.1 of our Constitution, which states “ India, that is Bharat, shall be a Union of States ”. The State Government of Karnataka cannot therefore be heard to contend that it is not obliged to respect the fundamental right of a citizen who resides outside its territorial limits. So long as it is an integral part of the Union of India, the State of Karnataka has necessarily to respect, and guarantee, the fundamental rights of a citizen of this country, irrespective of the place of his residence or domicile within the country. We sincerely hope that the State Government of Karnataka will take note of the said basic principles enshrined in our Constitution and take immediate steps to resolve the present stalemate.
W.P. (C) Nos. 9399 & 9413 of 2020
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therefore, direct the Central Government to forthwith intervene in the matter and ensure that the blockades erected by the State of Karnataka, on the National Highways connecting the said State to the State of Kerala, are removed forthwith, and without any further delay, so as to facilitate the free movement of vehicles carrying persons for urgent medical treatment, across the border between the two States. We may re-iterate that we expect the Central Government to act expeditiously in this matter, taking note of the human lives that are at stake.
Post the writ petition along with W.P.(C). (TMP) No.4/2020 for further orders after three weeks.”
“O R D E R
Permission to file the special leave petitions is granted.
None appears on behalf of the petitioners.
We have heard Mr. Tushar Mehta, learned Solicitor General appearing for the respondents.
Mr. Mehta, learned Solicitor General, states that the Home Secretary, Ministry of Home Affairs, Government of India, New
W.P. (C) Nos. 9399 & 9413 of 2020
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Delhi, has been informed in a joint Video Conferencing held with the concerned authorities of both the States viz., Karnataka and Kerala that the two States have agreed to a protocol for facilitating the free movement of patients for medical treatment at the inter-state border at Talapadi.
In view of the above statement, the instant special leave petitions and the writ petitions are disposed of.
Pending interlocutory applications, if any, stand disposed of.”
Thereafter, both the Governments have entered into certain arrangements and accordingly, the prayers sought for in the writ petitions have become infructuous.
Placing on record the aforesaid submission, the writ petitions are dismissed as infructuous.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv
2 issues framed by the court
Whether the writ petitions seeking directions to reopen state borders for medical movement remain maintainable.
Whether the petitions have become infructuous due to subsequent agreements between state governments.
Colour shows how this judgement treated each authority
S. Manikumar, CJ judgment para 91-101Explained¶63
Govindan Palikappil
Union of India
Ministry of Road Transport and Highways
State of Karnataka
State of Kerala
National Disaster Management Authority
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
