Dismissed

Muhammed Arshad P.K v. Ministry of Civil Aviation

Kerala HC18 Mar 2022WP(C)/5724/2022

Case brief

AI extract

What is this about?

The Court disposed of connected writ petitions challenging the restriction on international travel requiring an RT-PCR test. Upon the ASG's submission that the restriction has since been lifted, the Court held the prayers infructuous but recorded an open claim on the petitioners' grievance regarding past hardships and denied any relief.

What did the court decide?

The petitions were closed as infructuous due to the lifting of restrictions, with payment of compensation and other reliefs denied.

Muhammed Arshad P.K Vs Ministry of… — Constitutional and Fundamental Rights | Kerala HC (2022)

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WP(C) Nos. 3406 & 5724 OF 2022

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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.V.KUNHIKRISHNAN

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FRIDAY, THE 18^TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943

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WP(C) NO. 5724 OF 2022

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PETITIONER/S:

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1 MUHAMMED ARSHAD P.K AGED 33 YEARS PADATHUM KUZHIYIL HOUSE, UNNIKULAM P.O, KANTHAPURAM, KOZHIKODE DISTRICT, PIN - 673574 2 MUHAMMED SHAKEEL K.AGED 26 YEARS CHERUSHOLA P.O, KOTTAKKAL, PALATHARA, MALAPPURAM DISTRICT, PIN - 676510

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BY ADVS. MANAS P HAMEED MOHAMED RAFEEQ KAYALMADATHIL

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RESPONDENT/S:

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1 MINISTRY OF CIVIL AVIATION GOVERNMENT OF INDIA, RAJIV GANDHI BHAWAN, BLOCK B, SAFDARJUNG AIRPORT AREA, NEW DELHI REPRESENTED BY THE SECRETARY, PIN - 110003

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2 MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA, NIRMAN BHAVAN, CENTRAL SECRETARIAT, NEW DELHI , REPRESENTED BY THE SECRETARY, PIN - 110001

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3 DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM , REPRESENTED BY THE SECRETARY, PIN - 695001

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4 INDIAN COUNCIL OF MEDICAL RESEARCH (ICMR) V. RAMALINGASWAMI BHAWAN, P.O. BOX NO. 4911 ANSARI NAGAR, NEW DELHI REPRESENTED BY THE DIRECTOR GENERAL, PIN - 110029

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WP(C) Nos. 3406 & 5724 OF 2022 2

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5 AIRPORT AUTHORITY OF INDIA RAJIV GANDHI BHAWAN, NEW DELHI REPRESENTED BY THE DIRECTOR, PIN - 110003

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6 AIRPORT DIRECTOR AIRPORTS AUTHORITY OF INDIA, CALICUT INTERNATIONAL AIRPORT, CALICUT AIRPORT (PO), MALAPPURAM, PIN - 673647 BY ADVS. MANU S., ASG OF INDIA K.S.PRENJITH KUMAR R.MEENAKSHI (M-1290) BEA MARY BENNY Girish Kumar V

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022, ALONG WITH WP(C).3406/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos. 3406 & 5724 OF 2022

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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.V.KUNHIKRISHNAN

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FRIDAY, THE 18^TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943

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WP(C) NO. 3406 OF 2022

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PETITIONER/S:

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MUZAMMIL VARIKKOTTIL AGED 29 YEARS VARIKKOTTIL HOUSE, MOOSAHAJIPADI, CHERIYAMUNDAM P.O, MALAPPURAM, PIN - 676106

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BY ADVS. MANAS P HAMEED MOHAMED RAFEEQ KAYALMADATHIL

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RESPONDENT/S:

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1 MINISTRY OF CIVIL AVIATION GOVERNMENT OF INDIA, RAJIV GANDHI BHAWAN, BLOCK B, SAFDARJUNG AIRPORT AREA, NEW DELHI REPRESENTED BY THE SECRETARY, PIN - 110003

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2 MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA, NIRMAN BHAVAN, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001

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3 DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY, PIN - 695001

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4 INDIAN COUNCIL OF MEDICAL RESEARCH V. RAMALINGASWAMI BHAWAN, P.O. BOX NO. 4911 ANSARI NAGAR, NEW DELHI REPRESENTED BY THE DIRECTOR GENERAL, PIN - 110029

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5 AIRPORT AUTHORITY OF INDIA RAJIV GANDHI BHAWAN, NEW DELHI, REPRESENTED BY THE DIRECTOR, PIN - 110003

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6 AIRPORT DIRECTOR CALICUT INTERNATIONAL AIRPORT, CALICUT AIRPORT (PO), MALAPPURAM, PIN – 673647

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ADV.S.SUJIN, SC FOR AIRPORT AUTHORITY OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022, ALONG WITH WP(C).5724/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos. 3406 & 5724 OF 2022

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) Nos. 3406 & 5724 of 2022

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Dated this the 18^th day of March, 2022

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JUDGMENT

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These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment.

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The prayers in W.P.(C.) No. 3406/2022 are extracted hereunder :

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“i. Declare that the respondents act of restraining the petitioner from travelling abroad while carrying an Rt-PCR negative certificate is violative of petitioner's fundamental right to travel abroad.

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ii. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 6 to allow the petitioner to travel abroad if he holds a Covid-19 negative certificate after diagnosing any government approved test before 48 hours of his travel.

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iii. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 5 and6 to pay reasonable compensation to the petitioner for the hardships suffered by the petitioner.

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iv. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 3 to issue guidelines with regard to Covid-19 diagnostic tests being conducted at airports in the country.

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v. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 3 to consider Exhibit P9 representations and to take appropriate action on the same.” [SIC]

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WP(C) Nos. 3406 & 5724 OF 2022

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The prayers in W.P.(C.) No. 5724/2022 are extracted

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hereunder :

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“i. Declare that the respondents' act of restraining the petitioners from travelling abroad while carrying a valid certificate showing as Covid-19 negative, is violative of petitioner's fundamental right to travel abroad and to carry on occupation.

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ii. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 6 to allow the petitioners to travel abroad if they hold a valid certificate showing as Covid negative.

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iii. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 5 and 6 to pay reasonable compensation to the petitioners for the hardships suffered by the petitioners.

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v. Issue a writ of mandamus or order or direction or any other appropriate writ directing the 2^nd respondent to consider Exhibit P7 representation and to take appropriate action on the same.

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vi. Such other relief that this Honourable Court may deem fit and proper in the facts and circumstances of the case.” [SIC]

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When these two writ petitions came up for consideration, the learned ASGI submitted that the restrictions regarding the RT-PCR test from the Airport is now lifted. The ASGI also submitted that such a restriction was imposed because there was such an insistence from UAE authorities. Now, there is no restriction and that is already lifted.

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WP(C) Nos. 3406 & 5724 OF 2022 6

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In such circumstances, the prayers in these writ petitions are infructuous. Then the learned counsel for the petitioners submitted that they were not able to go to Dubai because of these restrictions and they are praying for compensation. If the petitioners have got any such grievance or any such cause of action, those contentions are left open. Leaving open all those contentions, these writ petitions are closed, recording the submission of the ASGI.

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P.V.KUNHIKRISHNAN

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JUDGE

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SKS

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WP(C) Nos. 3406 & 5724 OF 2022

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APPENDIX OF WP(C) 3406/2022

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PETITIONER EXHIBITS

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Exhibit1	A TRUE COPY OF THE VISA OF THE PETITIONER
Exhibit P2	A TRUE COPY OF THE AIR TICKET OF THE PETITIONER
Exhibit P3	A TRUE COPY OF THE RT PCR TEST RESULT REPORT OF THE PETITIONER DATED 17.01.2022
Exhibit P4	A TRUE COPY OF THE RT PCR TEST RESULT REPORT OF THE PETITIONER DATED 25.01.2022
Exhibit P5	A TRUE COPY OF THE TEST RESULT REPORT DATED 27.01.2022 OF MICRO HEALTH LABORATORIES AT CALICUT INTERNATIONAL AIRPORT
Exhibit P6	A COPY OF THE LIST OF APPROVED LABS IN KERALA, RECEIVED BY THE PETITIONER FROM THE WEBSITE OF INDIAN COUNCIL OF MEDICAL RESEARCH (ICMR).
Exhibit P7	A COPY OF ORDER DATED 21.03.2020 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE ALONG WITH GUIDELINES LAID DOWN BY ICMR
Exhibit P7(a)	A COPY OF THE ADVISORY OF CARTRIDGE BASED NUCLEIC-ACID AMPLIFICATION TEST (CBNAAT) LAID DOWN BY ICMR
Exhibit P8	A COPY OF HISTORY OF COVID-19 TEST RESULTS OF THE PETITIONER ON VARIOUS DATES RANGING FROM 06.09.2021 TO 25.01.2022, RECEIVED BY THE PETITIONER FROM THE ONLINE PORTAL OF ICMR
Exhibit P9	A TRUE COPY OF REPRESENTATIONS DATED 28.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT

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WP(C) Nos. 3406 & 5724 OF 2022

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Exhibit P9(a) TRUE COPY OF REPRESENTATIONS DATED 28.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P9(b) A TRUE COPY OF REPRESENTATIONS DATED 28.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT Exhibit P10 A COPY OF RECOMMENDATIONS OF WORLD HEALTH ORGANISATION (WHO) TO ITS MEMBER COUNTRIES ON THE SUBJECT OF TREATING INTERNATIONAL TRAVELLERS IN THE PANDEMIC SITUATION.

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WP(C) Nos. 3406 & 5724 OF 2022

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APPENDIX OF WP(C) 5724/2022

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PETITIONER EXHIBITS

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Exhibit P1	A COPY OF ENTRY PERMIT FOR VISIT DATED 20.01.2022 ISSUED BY FEDERAL AUTHORITY FOR IDENTITY, U.A.E
Exhibit P1(a)	A COPY OF VISA OF THE 2ND PETITIONER
Exhibit P2	A COPY OF THE AIR TICKET OF THE 1ST PETITIONER
Exhibit P2(a)	A COPY OF THE AIR TICKET OF THE 2ND PETITIONER
Exhibit P3	A COPY OF THE RT-PCR TEST RESULT REPORT DATED 30.01.2022 OF THE 1ST PETITIONER
Exhibit P3(a)	A COPY OF THE RT-PCR TEST RESULT REPORT DATED 12.02.2022 OF THE 2ND PETITIONER
Exhibit P4	A COPY OF THE TEST RESULT REPORT OF THE DATED 30.01.2022 OF THE 1ST PETITIONER
Exhibit P4(a)	A COPY OF THE TEST RESULT REPORT DATED 13.02.2022 OF THE 2ND PETITIONER
Exhibit P5	A COPY OF COVID-19 TEST RESULT REPORT DATED 30.01.2022 OF 1ST PETITIONER
Exhibit P5(a)	A COPY OF COVID -19 TEST RESULT REPORT DATED 30.01.2022 OF 2ND PETITIONER
Exhibit P6	A COPY OF THE LIST OF APPROVED LABS IN KERALA, RECEIVED BY THE PETITIONERS FROM THE WEBSITE OF ICMR
Exhibit P7	A COPY OF REPRESENTATION DATED 14.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

Muhammed Arshad P.K v. Ministry of Civil Aviation

Case brief

What is this about?

What did the court decide?

Muhammed Arshad P.K v. Ministry of Civil Aviation

Case brief

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What did the court decide?

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