JUDGMENT

S. Manikumar, CJ Instant public interest writ petition is filed by a native of Amini Island, in Union Territory of Lakshadweep, for the following reliefs:

(i) To issue a writ of mandamus or any other writ, direction or order, directing respondents 1 to 4, to provide necessary food kits, including rice and all other necessary provisions to the needy residents of Lakshadweep, till the absolute lifting of lockdown and till the Union Territory of Lakshadweep reaches overall normalcy;

(ii) To direct the respondents, to provide direct cash transfer to the account of the residents of Lakshadweep for food under which cash equivalent is being transferred directly into the bank accounts to enable the people in Lakshadweep to purchase food grains from open market as provided under the National Food Security Act, 2013.

2. Short facts leading to the filing of instant writ petition are that, petitioner was a member of Lakshadweep Wakf Board and State Secretariat member of an organisation named 'SKSSF'. According to the petitioner, as per 2011 Census, the total population of Lakshadweep is 64473. Their main occupation is fishing, coconut cultivation, coir twisting, and 80% of the population depends upon these occupations to eke out their livelihood. As a matter of fact, no Covid cases are reported at Lakshadweep till 04.01.2021.

3. Petitioner has further stated that after the issuance of Janatha Curfew by the Union Government, Lakshadweep Administration, was keen enough for making sure that COVID-19 will not be reached and spread in Lakshadweep Islands. On 22.03.2021, an order was passed under Section 16 of the Lakshadweep Epidemic Disease, COVID 19 Regulations, 2020, by the Administrator of Lakshadweep Administration Secretariat, Kavaratti, respondent No.3, suspending all the passenger ships and high speed crafts sailing from the island from 22.03.2020 and sailing from the mainland from 24.03.2020. On 23.03.2020, prohibitory orders under Section 144 of the Cr.P.C were also passed by the 4th respondent, viz., the District Collector and Chairman of Disaster Management Authority, Kavaratti, UT of Lakshadweep.

4. Petitioner has further stated that by Exhibit-P1 order dated

18.04.2020, lockdown restrictions were relaxed and slowly, the people were back on track, in their daily life.

5. Petitioner has also stated that on 05.12.2021, a new Administrator assumed charge. Thereafter, due to the rise in COVID-19 reported cases, by Exhibit-P2 order dated 19.01.2021, nearby areas at Kavaratti were declared as containment zones.

6. Petitioner has contended that Lakshadweep is having a shortfall of not having sufficient medical facilities to contain the spread of COVID-19 Pandemic. On 28.04.2021, Corona Curfew was enforced in all the islands for seven days by the 4th respondent and with slight variations, the curfew was extended from time to time. In the meantime, agitations happened in various parts of the island against the oppressive regulations and executive orders of the new Administrator.

7. The grievance raised by the petitioner is that after the initiation of Curfew, for around 40 days, the residents of Lakshadweep are starving, due to the paucity of money and non availability of food. Petitioner was contacted by different persons from Kavaratti and Amini islands, intimating acute scarcity of food, and that there are acute travel restrictions at Lakshadweep, to reach the mainland. According to him, since it is an island with travel restrictions, assistance from Non-Governmental Organisations and other organisations are not easily available and, therefore, the people are now in extreme poverty. The grievance of the people at Lakshadweep, because of poverty and implicit food shortage are necessarily to be addressed at the earliest and the respondents, who are duty bound to protect the life of the people at Lakshadweep, have not initiated appropriate action to meet their necessary needs. In such circumstances, petitioner has filed the writ petition