HARISH VASUDEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Public Interest Litigation is filed by a practicing lawyer before this Court seeking direction to the respondents to facilitate the journey of the persons who were stranded at Walayar Check-post on 9.5.2020 which is an entry point provided by the Government of Kerala to permit interstate entry to people outside the State due to the lockdown restrictions imposed by the Government of India as well as the State of Kerala. The case put forth by the petitioner is that even though the persons traveling have secured passes from the State of Karnataka and the State of Tamil Nadu, they could not secure passes from the State Government online since the platform offered by the State Government was not properly functional. It is also pointed out in the writ petition that the group of people include pregnant women, children, students, senior citizens and people with medical illnesses. It is submitted that even though the group of people tried their best to cross the border of the State of Kerala, the State officials did not permit them and they were even denied the basic amenities as is contemplated in the Government Order dated 2.5.2020 issued on the basis of the order of the Ministry of Home Affairs, Government of India dated 29.4.2020, whereby the Ministry of Home Affairs permitted inter-state movement of persons stranded in different parts of the country owing to general lockdown to contain the COVID-19 disease outbreak.

(2.) A detailed statement is filed for and on behalf of the State Government refuting the allegations, claims and demands raised by the petitioner. It is submitted that the State Government has issued the order dated 2.5.2020 delineating the regulatory measures to be followed by the inter-state passengers crossing the border of the State of Kerala and the guidelines to be followed by the State officials as well as the people crossing the border. It is submitted that the basic facilities as stated in the government order are being followed by the State officials scrupulously without any failure. It is significantly pointed out that the people who came to Walayar on 9.5.2020 happened to be stranded there since they have not secured passes from the State of Kerala. It is further submitted that the online platform provided for the application of passes were functional throughout and the allegation made contrary to the same in the writ petition is not at all true or correct. It is also pointed out that the State Government is strictly adhering to the directives, orders and advisories issued by the Government of India and there is no manner of laches on the part of the Government in complying with the regulations and the guidelines issued for the purpose.

(3.) The above writ petition was posted along with W.P.(C). No.9401 of 2020 which is a suo motu writ petition registered by a Division Bench of this Court to tackle various situations during the lockdown period and orders were being passed whenever necessitated. The said writ petition was posted today along with the instant writ petition on the basis of the oral request made by counsel for the petitioner in the above writ petition. However, later the instant Public Interest Litigation was filed so as to bring forth the specific issues faced by the inter-state passengers. Therefore, other counsel who were attending the video conferencing also made submissions with respect to the lack of co-ordination by and between the State Governments in facilitating the crossing of State borders, and also that some students are stranded at Malahalla Check-post which is not an entry point permitted by the State of Kerala, bordering Wayanad District and close to Muthenga Entry point permitted by the State Government.