Dismissed

K Mohammed Kutty, v. State of Kerala

Kerala HC28 Sept 2021WP(C)/15914/2021

Case brief

AI extract

What is this about?

The Kerala High Court closed a writ petition challenging restrictions imposed to contain the spread of the Covid-19 pandemic, noting that a subsequent government order substantially relaxed the restrictions. The court permitted the petitioners to file a fresh writ petition if so advised. No precedent from the Supreme Court was followed or decided upon in the order itself.

What did the court decide?

The writ petition is closed.

K Mohammed Kutty, Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 28^TH DAY OF SEPTEMBER 2021 / 6TH ASWINA,

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1943

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WP(C) NO. 15914 OF 2021

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PETITIONER/S:

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1 K MOHAMMED KUTTY, AGED 52 YEARS, S/O.KUNHIKOYA HAJI, KALIYATH, VELDALLUR, IRIMBLIYAM, MALAPPURAM-679 572.

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2 MUJEEB RAHIMAN, AGED 49 YEARS, S/O.ABOOBAKER HAJI, 21/370, METHUVIL NALAKATH, TIRURANGADI P.O., MALAPPURAM-676 306.

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3 K.MUSTHAFA, AGED 54 YEARS, S/O.ABDUL KHADER, FAZEELA MANZIL, KURUPPATH, NEDIYIRIPPU, KONDOTTI, MALAPPURAM-673 638.

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4 C.ABDU SAMAD, AGED 50 YEARS, S/O.LATE MOIDEEN HAJI, CHELANGADAN HOUSE, MUTTIPPALAM, ANAKKAYAM P.O., MALAPPURAM-676 509.

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BY ADVS. SADCHITH.P.KURUP C.P.ANIL RAJ

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RESPONDENT/S:

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

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W.P.(C) No.15914 of 2021

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..2..

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2 THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 KERALA STATE DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRPERSON, VIKAS BHAVAN P.O., NANDANCODE, THIRUVANANTHAPURAM-695 003.

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4 STATE EXECUTIVE COMMITEE OF KERALA, KERALA STATE DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRPERSON, VIKAS BHAVAN P.O., NANDANCODE, THIRUVANANTHAPURAM-695 003.

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5 THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010.

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SRI V. MANU, SPL.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.15914 of 2021

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..3..

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W.P.(C)No.15914 of 2021

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J U D G M E N T

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It is seen that the writ petition is one instituted

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challenging the various restrictions imposed by the respondents to contain the spread of Covid-19 pandemic including the restrictions imposed in terms of Ext.P1 order dated 15.06.2021.

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It is seen that Ext.P1 order now stands modified by another order issued by the Government on 25.9.2021. It is also seen that in terms of the said order, the restrictions imposed are substantially relaxed.

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In the light of the order dated 25.9.2021, the writ petition is closed without prejudice to the right of the petitioners to institute a fresh writ petition, if so advised, for similar reliefs.

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Sd/- P.B.SURESH KUMAR, JUDGE

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rkj

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W.P.(C) No.15914 of 2021

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..4..

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APPENDIX OF WP(C) 15914/2021

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PETITIONER EXHIBITS

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Exhibit P1 COPY OF THE GO(RT) NO.467/2021/DMD DATED 15.06.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P2 COPY OF THE GO(RT) NO.479/2021/DMD DATED 22.06.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P3 COPY OF THE GO(RT) NO.487/2021/DMD DATED 29.06.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P4 COPY OF THE GO(RT) NO.500/2021/DMD DATED 06.07.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P5 COPY OF THE GO(RT) NO.524/2021/DMD DATED 13.07.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P6 COPY OF THE GO(RT) NO.532/2021/DMD DATED 17.07.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P7 COPY OF THE GO(RT) NO.534/2021/DMD DATED 20.07.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P8 COPY OF THE GO(RT) NO.545/2021/DMD DATED 24.07.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P9 COPY OF ORDER DATED 14.07.2021 PASSED BY HON'BLE SUPREME COURT OF INDIA IN SMW (C) NO.5/2021. Exhibit P10 COPY OF ORDER DATED 16.07.2021 PASSED BY HON'BLE SUPREME COURT OF INDIA IN SMW(CA) NO.5/2021.

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W.P.(C) No.15914 of 2021

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..5..

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Exhibit P11 COPY OF ORDER DATED 19.07.2021 PASSED BY HON'BLE SUPREME COURT OF INDIA IN SMW(C) NO.5/2021.

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Exhibit P12 COPY OF ORDER DATED 20.07.2021 PASSED BY HON'BLE SUPREME COURT OF INDIA IN SMW(C) NO.5/2021.

K Mohammed Kutty, v. State of Kerala

Case brief

What is this about?

What did the court decide?

K Mohammed Kutty, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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