The Court closed W.P.(C) Nos. 14118 & 14344 of 2021 without prejudice after Government Order No. 564/2021/DMD dated 04.08.2021 redressed the petitioners' grievance regarding lockdown restrictions.
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 MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 14344 OF 2021
PETITIONERS:
BY ADVS.
P.SREEKUMAR ASWIN KUMAR M J HELEN P.A. ARUN ROY
RESPONDENTS:
W.P.(C) Nos.14118 & 14344 of 2021
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BY SRI. V. MANU SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).14118/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.14118 & 14344 of 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943 WP(C) NO. 14118 OF 2021
PETITIONERS:
BY ADVS.
K.JAJU BABU (SR.) M.U.VIJAYALAKSHMI BRIJESH MOHAN
RESPONDENTS:
W.P.(C) Nos.14118 & 14344 of 2021
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BY SRI. V. MANU, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).14344/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.14118 & 14344 of 2021
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W.P.(C) Nos.14118 & 14344 of 2021
JUDGMENT
In the light of G.O.(Rt.)No.564/2021/DMD dated
04.08.2021, it is seen that the grievance of the petitioners stands redressed.
In the circumstances, the writ petitions are closed without prejudice to the right of the petitioners to approach this Court again, if situation warrants.
Sd/- P.B.SURESH KUMAR, JUDGE
ds 05.08.2021
W.P.(C) Nos.14118 & 14344 of 2021
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APPENDIX OF WP(C) 14118/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO.404/2021/DMD DATED 06.05.2021.
Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER VIDE GO(RT) NO.467/2021/DMD DATED 15.06.2021.
Exhibit P3 TRUE COPY OF THE NEWS REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 06.07.2021. Exhibit P4 TRUE COPY OF THE GOOGLE COVID 19 COMMUNITY MOBILITY REPORT, KERALA AS ON 08.07.2021. Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 28.05.2021 SUBMITTED BY THE KERALA TEXTILES AND GARMENTS WELFARE ASSOCIATION BEFORE THE GOVERNMENT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 07.07.2021 SUBMITTED BY THE KERALA TEXTILES AND GARMENTS WELFARE ASSOCIATION BEFORE THE GOVERNMENT.
Exhibit P7 TRUE COPY OF THE ORDER DATED 07.07.2021 IN WPC NO.13307 AND 13498/2021 OBTAINED FROM THE HIGH COURT WEBSITE.
Exhibit P8 TRUE COPY OF THE NEWS REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 12.07.2021.
Exhibit P9 TRUE COPY OF THE OPINION OF THE INDIAN MEDICAL ASSOCIATION, KERALA BRANCH DATED 13.07.2021.
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W.P.(C) Nos.14118 & 14344 of 2021
Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO.500/2021/DMD DATED 6.7.2021.
Exhibit P11 TRUE COPY OF THE ORDER VIDE NO.DCKNR/4288/2020/DMI (1) DATED 27.7.2021 OF THE 2ND RESPONDENT IN RESPECT OF KANNUR DISTRICT.
Exhibit P12 TRUE COPY OF THE RESEARCH ARTICLE PUBLISHED IN EUROPEAN JOURNAL OF MEDICAL RESEARCH ON 10.11.2020. Exhibit P13 TRUE COPY OF THE ARTICLE PUBLISHED IN NATURE HUMAN BEHAVIOR ABOUT RANKING THE EFFECTIVENESS OF WORLD WIDE COVID 19 INTERVENTIONS.
Exhibit P14 TRUE COPY OF THE INFORMATION PUBLISHED BY THE WORLD HEALTH ORGANISATION ON 31.12.2020 ABOUT CORONA VIRUS DISEASE. Exhibit P15 TRUE COPY OF THE ARTICLE PUBLISHED ON 3.4.2021 BY THE FINANCIAL EXPRESS ON CORONA VIRUS SECOND WAVE.
Exhibit P16 TRUE COPY OF THE REPORT DATED 10.7.2021 APPEARED IN HINDU BASED RESTRICTIONS IN KOZHIKODE DRAW FLAK.
Exhibit P17 TRUE COPY OF THE EDITORIAL DATED 27.7.2021 PUBLISHED BY THE MALAYALAM MANORAMA DAILY.
Exhibit P18 TRUE COPY OF THE NEWS REPORT DATED 30.7.2021 PUBLISHED BY THE MALAYALA MANORAMA.
Exhibit P19 TRUE COPY OF THE ARTICLE PUBLISHED BY THE INDIAN EXPRESS ON 31.7.2021 POINTING OUT THE DIFFICULTIES DUE TO IMPOSITION OF LOCK DOWN RESTRICTIONS.
Exhibit P20 TRUE COPY OF THE NEWS REPORT DATED
W.P.(C) Nos.14118 & 14344 of 2021
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31.7.2021 PUBLISHED BY THE INDIAN EXPRESS.
Exhibit P21 TRUE COPY OF THE REPORT DATED 31.7.2021 APPEARED IN MATHRUBHUMI DAILY.
Exhibit P22 TRUE COPY OF THE NEWS REPORT DATED 1.8.2021 APPEARED IN MALAYALA MANORAMA DAILY ABOUT CHANGE OF LOCKDOWN PROCEDURE BASED ON TPR RATE.
Exhibit P23 TRUE COPY OF THE NEWS REPORT APPEARED IN MALAYALA MANORAMA DAILY ON 30.7.2021.
W.P.(C) Nos.14118 & 14344 of 2021
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APPENDIX OF WP(C) 14344/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE G.O (RT) NO. 455/2021/DMD DATED 03.06.2021.
Exhibit P2 A TRUE COPY OF THE G.O(RT) NO. 459/2021/DMD DATED 07.06.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 A TRUE COPY OF G O RT NO. 500/2021/DMD DATED 06.07.2021.
Exhibit P4 A TRUE COPY OF GO RT NO. 524/2021/DMD DATED 13.07.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE PURCHASE BILL DATED 10.07.2021 SHOWING THE SALE OF VARIETY OF ITEMS FROM THE SUPERMARKET.
Exhibit P6 A TRUE COPY OF THE TPR RATES FOR ALAPPUZHA DISTRICT AS PUBLISHED BY THE AUTHORITIES.
Exhibit P7 A TRUE COPY OF THE NOTICE ISSUED BY WHO.
Kavitha Anandakumar and others
State of Kerala
Kerala State Disaster Management Authority
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
