SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Online)(KER) 11525

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944 WP(C) NO. 16800 OF 2022 PETITIONER:

DR. MOHAMMED SADIQUE K. P.

AGED 50 YEARS S/O DR K. K. MOHAMMED KOYA (LATE), KUNHIPAPPADA HOUSE, KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP - 682557.

BY ADVS.

G.P.SHINOD GOVIND PADMANAABHAN AJIT G ANJARLEKAR ATUL MATHEWS RESPONDENTS:

1 THE UNION TERRITORY OF LAKSHADWEEP REPRESENTED BY THE ADMINISTRATOR, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP - 682 555.

2 THE ADMINISTRATOR OF THE UNION TERRITORY OF LAKSHADWEEP KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP - 682 555.

3 THE DIRECTOR DEPARTMENT OF PORT, SHIPPING AND AVIATION, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP, KAVARATTI ISLAND - 682 555.

4 THE TRANSPORT COMMITTEE REPRESENTED BY ITS CHAIRMAN, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP - 682 555.

5 LAKSHADWEEP DEVELOPMENT CORPORATION LTD.

27/1038 B, PANAMPILLY NAGAR, ERNAKULAM - 682 036, REPRESENTED BY ITS MANAGING DIRECTOR.

6 THE SECRETARY DEFENCE DEPARTMENT, MINISTRY OF DEFENCE, 101-A, SOUTH BLOCK, NEW DELHI- 110 001.

BY ADVS.

S.MANU, ASSISTANT SOLICITOR GENERAL FOR R5 & R6 SAJITHKUMAR.V., STANDING COUNSEL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Advocates:
['G P SHINOD', '', 'GOVIND PADMANAABHAN', 'AJIT G ANJARLEKAR', 'ATUL MATHEWS', 'S MANU', '', 'Sajith Kumar V', 'SRI JAISHANKAR V NAIR', 'CGC']

JUDGMENT

Dated this the 14th day of June, 2022 SHAJI P.CHALY,J Petitioner, a social worker and resident of Lakshadweep Island, has filed this public interest writ petition allegedly aggrieved by the action of the respondents in not having adequate number of larger ships for transportation of passengers inter island, and from mainland to Lakshadweep and vice-versa, and the concomitant difficulties faced by the citizens of Lakshadweep. According to the petitioner, there are five all-weather passenger ships in the ownership of Lakshadweep Administration, that are being operated, however, due to sheer lack of planning and lethargy, only two ships are plying and three are kept idle due to reasons best known to the Administration.

2. It is pointed out that despite the huge increase in number of passengers in comparison to 2014 and the difficulties faced by the public, the Lakshadweep Administration is not taking any earnest efforts to ply the remaining all-weather ships, which led to a situation, where the public are unable to travel between the islands and to the mainland and and vice-versa.

3. According to the petitioner, in spite of various requests made, the authorities have not taken any steps to redress the grievance of the residents of the Lakshadweep Islands, which constrained the petitioner to file this public interest writ petition.

4. A detailed statement is filed by the Lakshadweep Administration and its officials wherein it is contended a follows:

“3. It is submitted that the Lakshadweep administration has channelized every resource with it to ensure transportation facilities to the Islanders. No passiveness or lack of responsibility can be alleged against the respondents herein. It is only due to unexpected repairs that had to be carried out to three of the 5 all-weather ships that transportation facilities were slightly affected. Therefore, it is humbly submitted that the instant writ petition is not maintainable either in law or on facts.

4. It is submitted that the Lakshadweep Administration owns and operates following ships/high speed crafts for passenger service between island mainland and Inter-island as well:

S l .No. Name Type of vessel Passenger Capacity Cargo Capacity (Tones)
1 MV Kavaratti A l l weather passenger cum cargo 700 160
2 MV Arabian Sea 252 100
3 MV Lakshadweep Sea 252 100
4 MV Corals 402 250
5 MV Lagoons 402 250
6 MV Aminidivi Fair weather passenger cum cargo 150 25
7 MV Minicoy 150 25
8 HSC Valiyapani Fair weather inter- i s l and pasenger high speed crafts (HSC) which can be operated only in fair weather officially from 15th Sept to 15th May every year 154 NA
9 HSC Cheriyapani 154 NA
10 HSC Parali 154 NA
11 HSC Blue Marlin 54 NA
12 HSC Black Marlin 54 NA
13 HSC Skip Jack 54 NA
14 HSC Viringili 17 NA
15 HSC Bangaram 20 NA
It is submitted that the Lakshadweep Administration is taking every effort to streamline passenger and cargo operations to and from Lakshadweep Islands and to ensure maximum possible availability of conveyance to islanders. On these lines, the Administration has entrusted the operation and maintenances of its fleet of ships to M/s. Shipping Corporation of India Ltd. (SCI for short), the largest government shipping company with an Intention to provide a better performance in the operations of the ships as of their scheduled repairs, un-scheduled repairs as per requirements, statutory survey requirements, certificates renewal and docking slot availability at Shipyards.

5. It is submitted that of the 5 all-weather ships of the Lakshadweep administration, ships M.V.Arablan Sea and M.V. Corals are currently operational. M.V. Kavaratti is the largest passenger vessel operated for passenger movements in island and mainland and Inter-Island sector. However the vessel met with a major engine room fire accident on 01.12.2021. After the above accident, the vessel was brought to Kochi on 18.12.2021 with assistance of Tugs and no

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top