Kerala High Court
Nasih K.K vs Union Of India on 7 July, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
W.P.(C). NO. 12073 OF 2021
PETITIONER/S:
NASIH K.K., AGED 39 YEARS,
S/O. MOHAMMED KOYA N., KUNJALAKKAL HOUSE,
AMINI ISLAND, LAKSHADWEEP 682 552.
BY ADVS. SHRI P. A. MOHAMMED SHAH
SHRI C. R. SYAMKUMAR
SHRI ABDUL RASAK A.
SHRI ABU SIDDIK P.
SHRI K. M. PEER MOHAMMED KHAN
SHRI ASWIN KUMAR M. J.
SHRI MUHAMMED JANAISE V.
SHRI MOHAMED MUSTHAFA A. K.
SHRI ARUN ROY
SHRI SHAHIR SHOWKATH ALI
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY,
MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, NEW DELHI-110 001.
2 UNION TERRITORY OF LAKSHADWEEP ,
REPRESENTED BY ITS ADMINISTRATOR,
LAKSHADWEEP ADMINISTRATION SECRETARIAT,
KAVARATTI, UNION TERRITORY OF LAKSHADWEEP-682 555.
3 ADMINISTRATOR,
LAKSHADWEEP ADMINISTRATION SECRETARIAT,
KAVARATTI, UNION TERRITORY OF LAKSHADWEEP-682 555.
WP(C):12073/2021 2
4 DISTRICT COLLECTOR AND CHAIRMAN
DISASTER MANAGEMENT AUTHORITY,
1ST FLOOR, COLLECTOR'S BLOCK, SECRETARIAT,
KAVARATTI, UNION TERRITORY OF LAKSHADWEEP-682 555.
R1 BY ADV. SRI. P. VIJAYAKUMAR, ASGI
R2 TO R4 BY ADV. SRI. S. MANU, SCGC,
ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C):12073/2021 3
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 WP(C):12073/2021 4 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 4 th 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 WP(C):12073/2021 5 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 WP(C):12073/2021 6 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 for the reliefs stated supra.
8. In support of the prayers sought for, petitioner has raised the following grounds:
A. Since the residents of Lakshadweep are under curfew for the last 40 days, as a part of the restrictions, in connection with COVID-19 Pandemic, they cannot go out from their residences for employment. It is pertinent to note that 80% of the people in Lakshadweep depend upon daily income to meet their basic necessities. In this connection, petitioner has referred to Article 21 of the Constitution of India and submitted that right to life includes the right to have basic necessities of life. To substantiate the same, he relied on the decision in Ashok v. Union of India (AIR 1997 SC 2298), wherein the Hon'ble Apex Court has declared that right to life contains all the aspects of life which make life meaningful, complete, and worth living. Therefore, he has contended that State is having the duty to provide necessary aid and food articles to the persons, who are in the grim of curfew, for the last 40 days and that the inaction on the part WP(C):12073/2021 7 of the respondents, in not providing the necessary needs, is absolutely illegal and unjust.
B. It is further contended that Union of India have enacted the National Food Security Act, 2013, to make sure that necessary food is endowed to the citizens of this country. The basic concept of food security is to ensure that all the people, at all times, should get access to the basic food for their active and healthy life, and is characterized by availability, access, utilization, and stability of the food. The fundamental right to life enshrined under Article 21 of the Constitution of India, includes the right to live with human dignity, which include the right to food and other basic necessities. Therefore, Union of India is duty bound to protect the fundamental right of the citizens guaranteed under Article 21 of the Constitution of India, by providing necessary food and basic necessities to the people residing at Lakshadweep islands.
C. It is further contended that the National Food Security Act, 2013 defines the joint responsibilities of Centre and State/ Union Territory Government. While the Union Government is responsible for allocation of food grains to States/UT, transportation of food grains upto the designated depots in each States/UT and providing Central assistance to States/UTs for delivery of food grains from designated godown to the door steps, the Union Territory administration is responsible for the effective implementation of the Act. WP(C):12073/2021 8 D. The residents of Lakshadweep islands are in acute need of financial support, due to lack of employment, consequent to the curfew. They are not able to meet their basic needs for their sustenance. Direct cash transfer in food was started in UT's of Chandigarh, Puducherry and Dadra Nagar Haveli under which, cash equivalent to subsidy is being transferred directly into the bank accounts, to enable them to purchase food grains from the open market. Petitioner has pointed out that an unfortunate situation has occurred in Lakshadweep, by which, the people residing there are not having sufficient needs to sustain, due to the curfew, which is an obligatory evil. He contended that the inaction on the part of the respondents to make sure that sufficient food is provided to the people who are in lockdown and curfew, is absolutely unjust and unfair.
E. Finally, he contended that disaster situations are prevailing all over the world. Various State Governments in India are initiating steps to ensure that necessary food kits are reaching the needy persons. Union Territories are the areas where citizens do not have the right to elect their representatives to legislate and execute the subject matters provided in List II of the VII Schedule of the Constitution of India. The representative of the Union Government is duty bound to provide the necessities, integrated in the subject matters in List II of the VII Schedule, in the absence of State Legislative Assembly, in the Union Territory of Lakshadweep. WP(C):12073/2021 9
9. When the matter came up for admission, a Hon'ble Division Bench of this Court on 10.06.2021, after perusing the charts produced by Mr. S. Manu, learned Senior Central Government Counsel for respondents 2 to 4, showing island-wise distribution of rice in May, 2021, month-wise beneficiaries for providing Food Security Allowance under NPMDM during the year 2021, and also the island-wise details of COVID-19 positive patients treated at CFLTCs, as on 8.6.2021, ordered that the District Collector and Chairman of the Disaster Management Authority, Lakshadweep, respondent No.4, would take necessary steps to ensure that there is not shortfall in the supply of food kits and other necessary provisions to the residents of all the islands, during the period of lockdown and adjourned the matter for filing statement.
10. Pursuant to the abovesaid direction, the District Collector, Union Territory of Lakshadweep, 4th respondent, has filed a statement, wherein it was stated as under:
A. In the Union Territory of Lakshadweep, there are 11,541 households as per 2011 Census, out of which, 5171 households (AAY & PHH) are covered under National Food Security Act. The Union Territory has 7300 Government employees as of May, 2021 which is significantly very high in WP(C):12073/2021 10 a place having 64,473 of population (as per 2011 Census). There is no problem of acute poverty in the islands and the essential services such as medical and educational, are provided at free of cost in Lakshadweep. Transportation is also highly subsidized in the islands. Per capita expenditure by the Government in Lakshadweep is highest in the country.
B. It is further contended that with regard to supply of essential food items, there is sufficient quantity available in all the 10 inhabited islands and this has been verified by the concerned DCS/BDOs of the respective islands. There are 39 fair price shops in the public distribution system, and they are allowed to open during the COVID shutdown. Before the COVID shutdown, all the shops and establishments selling groceries and essential items were allowed to open, so that all the households could buy and store the essentials as per their requirement. Even during the lockdown, such shops and establishments are allowed to open for three hours on a daily basis. There has been no case of starvation or hunger in the islands because of the COVID-19 Pandemic lockdown.
C. During the COVID shutdown, all livelihood activities such as fishing, coconut climbing, construction activities, loading and unloading activities, as well as developmental activities, have been allowed, so that there is minimal impact on the livelihood and purchasing capacity of the islanders. However, we witnessed the 'Tauktae' cyclone in mid-May, because of WP(C):12073/2021 11 which, there was an interruption in livelihood activities and some of the fishing boats, coconut trees, and houses got damaged in the cyclone. For this, the Administration have proposed to sanction approximately Rs.1.2 Crores for all the affected families and it is in the final stage.
D. It is further contended that the Administration is implementing the National Food Security Act in its letter and spirit. There are 18,106 ration cards issued under various categories covering total beneficiaries of 73,993. The island wise details of category wise number of ration cards and beneficiaries is shown in the table given in the statement. Administration has implemented 'One Nation One Ration Card' scheme, which is aimed to ensure portability of National Food Security Act category ration card holders, to get their entitled food grains from any Fair Price Shop with effect from 1 st September, 2020.
E. It is further stated that the Administration is providing 6 kgs of rice per adult and 2 kgs per child per month (below 12 years) at the rate of Rs. 9.50 per kg, for Above Poverty Line beneficiaries. 5 kgs rice per head per month at the rate of Rs.
3.00 per kg are being provided to the beneficiaries under Priority Household (PHH). The beneficiaries under Andyodaya Anna Yojana (AAY) are getting 35 kgs of rice per family, at the rate of Rs. 3.00 per kg and 1 kg sugar per head at the rate of Rs. 13.50 per kg. Beneficiaries under Anna Poorna WP(C):12073/2021 12 (AP) are getting 10 kgs of rice per head per month free of cost. Apart from rice and sugar, 1 liter of Kerosene Oil is being provided to beneficiaries of all categories at the rate of Rs. 28.00 per litre.
F. It is further stated that the Administration has also implemented PMGKAY from April, 2020 onwards and distributed the benefits to NFSA beneficiaries. Under Aatma Nirbhar Bharat, rice and pulses were distributed to all stranded migrant laborers. In May, 2021, it is to be noted that 86.85% of the monthly allocated rice was distributed to the beneficiaries under PMGKAY (1,91,180 Kgs of rice). G. It is further stated that to ensure uninterrupted supply of essential commodities, sufficient stock of rice, sugar and kerosene oil are also maintained. There is no shortage of any essential commodities in any island as on date.
Administration is closely watching the availability of essential supplies and will ensure that there will be no dearth of essential commodities in the islands. Indeed, the Lakshadweep Administration is committed for the welfare of the residents and has been very proactive in effective COVID management, so as to prevent the spread of COVID virus in the islands. 5,209 locals who became COVID positive, stayed in our First Line Treatment Centres (FLTC) and they have provided food and medical services free of cost. At present, COVID shutdown is in place in four islands (Kavaratti, Bitra, WP(C):12073/2021 13 Kiltan & Minicoy) and in the remaining six islands (Agatti, Kadmath, Amini, Androth, Kalpeni & Chetlath), there is only night curfew (05:00 PM to 06:00 AM). For the first four islands, shops selling essentials and groceries are allowed to open from 01:00 PM to 04:00 PM on a daily basis. Also, the COVID situation is improving significantly, and we are planning to give more relaxation in the days to come. All the livelihood activities are allowed as per the Standard COVID Protocol (SOP) which is in place in the islands.
H. It is further stated that Lakshadweep Administration have provided food kits as 'Dry Ration kits' to all the school students in the Union Territory of Lakshadweep from pre-primary to senior secondary level, comprising twelve thousand six hundred and eighty-seven (12687) students under 'National Programme of Mid-day Meals' through home delivery during this lockdown period.
I. Finally, it is stated that Lakshadweep Administration have been taking various proactive measures to ensure essential supply of goods and materials in all the ten inhabited islands and they have enough essential food items in our stock for the upcoming monsoon. So, any local resident of the UT of Lakshadweep is free to purchase essential food items from the market as there is uninterrupted supply and he/she can avail the benefits of PMGKAY, at free of cost. Hence, there was no case of interruption or disability, to pursue livelihood WP(C):12073/2021 14 activities, because of the COVID shutdown in the islands. The Administration is cautious to avoid any case of hunger or starvation and if at all any genuine case is noticed, they would act swiftly and take care of their requirements on priority, through the concerned Dcs/BDOs. Hence, it is submitted that in the Union Territory of Lakshadweep, there is no scarcity of essentials and distribution of food kits, as alleged by the petitioner, is not required.
11. Mr. P.A.Mohammed Shah, learned counsel for the petitioner, submitted that instant writ petition was filed on 08.06.2021, when Corona Curfew (local shutdown) was declared in the Union Territory of Lakshadweep. When food kits, including rice and all other essential commodities were not supplied, prayer was made by the petitioner to provide the same to the needy residents of Lakshadweep, till lifting of lockdown and till Union Territory of Lakshadweep reach overall normalcy.
12. Referring to Section 34 of the Disaster Management Act, 2005, learned counsel for the petitioner insisted for issuing a direction to the respondents 1 to 4, to provide food kits, including rice and all other provisions to the residents of Lakshadweep.
13. Inviting the attention of this Court to Exhibit-P6 order dated 7.6.2021, issued by the 4th respondent, learned counsel for the petitioner WP(C):12073/2021 15 further submitted that fishing and construction activities were permitted during the Corona Curfew (local shutdown), with prior permission from the respective District Collectors/Block Development Officers. Such activities were not permitted earlier. Therefore, the contention of the Union Territory of Lakshadweep that all activities were permitted earlier is not correct. That apart, learned counsel for the petitioner submitted that fisherman/meat traders were permitted to sell their products (fish/meat) through home delivery only from 3 p.m. to 5 p.m.
14. Per contra, inviting the attention of this Court to the averments made by the petitioner in the statement of facts filed along with the writ petition, that the population of Lakshadweep as per 2011 Census is 64473 and the further contention that the main occupation of the people in Lakshadweep is fishing, coconut cultivation, and coir twisting, and 80% of the population depends only on these occupations, for their livelihood, Mr. S. Manu, learned Senior Central Government Standing Counsel for Lakshadweep Administration, submitted that the said averments are wrong. According to Mr. S. Manu, the population of Union Territory of Lakshadweep is 73000, out of which 7300 are Government employees.
WP(C):12073/2021 16
15. Learned Senior Central Government Standing Counsel further submitted that the above averments made by the petitioner is nothing, but misinforming the court. According to him, there was some inconvenience in procuring all the essential commodities, at the time of initial lockdown/ Curfew, and from 21.06.2021 onwards, the lockdown/Curfew conditions imposed, while declaring local shutdown have been relaxed, enabling the people of Lakshadweep to purchase all items. According to him, all activities are permitted. The prayers sought for in the writ petition do not survive.
16. Learned Senior Central Government Standing Counsel for Lakshadweep Administration further submitted that there is no provision for providing food kits to the people of Lakshadweep. However, he fairly admitted that there was some scarcity to procure essential commodities.
17. Responding to the reference made to Section 34 of the Disaster Management Act, 2005, learned Senior Central Government Standing Counsel for Lakshadweep Administration, submitted that Section 34 of the Act, 2005 contemplates several things to be done, depending upon the threatening disaster situation and all things set out in Section 34, cannot be carried out, whenever there is a disaster. Action of the Disaster Management Authority WP(C):12073/2021 17 depends upon the ground realities.
18. Inviting the attention of this Court to paragraph (6) of the order dated 10.06.2021, Mr. S. Manu, learned Senior Central Government Standing Counsel for Lakshadweep Administration, submitted that the undertaking as recorded by the Hon'ble Division Bench of this Court, was not as submitted.
19. Heard learned counsel for the parties and perused the pleadings and material on record.
20. Order dated 18.04.2020 issued by the Disaster Management Authority, relaxing the lockdown restrictions in Lakshadweep, is reproduced:
"GOVERNMENT OF INDIA LAKSHADWEEP ADMINISTRATION (Collectorate) DISASTER MANAGEMENT AUTHORITY Kavaratti-682555 F.No.E/21/2020-CoL Dated: 18.04.2020 ORDER In continuation of the order F.No. E/21/7/2020-Col dated 15.04.2020 the extension of the lockdown period, the following activities will continue to remain prohibited across the country until 3rd May, 2020.
i. All domestic air travel of passenger WP(C):12073/2021 18 ii. Inter-district and inter-State movement of individuals except for medical reasons or for activities permitted under these guidelines.
iii. All educational, training, coaching institutions etc. shall remain closed.
iv. All Industrial and commercial activities other than those specifically permitted under these guidelines.
v. Hospitality services other than those specifically permitted under these guidelines.
vi. Taxis (including auto rickshaws and cycle rickshaws) and services of cab aggregators.
vii. All shopping complexes, gymnasiums, sports complexes, entertainment parks and auditoriums, assembly halls and similar places.
viii. All social / political / sports / entertainment / academic / cultural religious functions/other gatherings.
ix. All religious places/places of worship shall be closed for public. Religious congregations are strictly prohibited.
x. In case of funerals, congregation of more than twenty persons will not be permitted.
The Incident Commander will be responsible for the overall implementation of these measures in their respective jurisdictions. All other line department officials in the specified area will work under the directions of such incident commander. The Incident Commanders will in particular ensure that all efforts for mobilization of resources, workers and material for augmentation and expansion of hospital infrastructure shall continue without any hindrance."
WP(C):12073/2021 19 WP(C):12073/2021 20 WP(C):12073/2021 21 WP(C):12073/2021 22 WP(C):12073/2021 23 WP(C):12073/2021 24 WP(C):12073/2021 25 WP(C):12073/2021 26 WP(C):12073/2021 27
21. Order dated 19.1.2021 issued by Disaster Management Authority declaring nearby areas of Kavaratti, as containment zones, is reproduced:
WP(C):12073/2021 28 WP(C):12073/2021 29 WP(C):12073/2021 30
22. Order dated 28.04.2021 issued by the 4th respondent enforcing Curfew in all the islands of Lakshadweep for 7 days is reproduced: WP(C):12073/2021 31
"F. No: E/21/7/2020-CoL Date: 28.04.2020 ORDER Whereas in the UT of Lakshadweep,Corona Curfew is enforced in all the islands of Lakshadweep considering the prevailing COVID situation for 7 days with effect from 28 th April, 2021, by giving 3 hours (07:00 AM to 10:00 AM) relaxation from the curfew for essential activities and services on each day during this period.
And whereas a situation is arisen in various Islands where there is an urgent necessity to regulate the movement of people and to ensure strict enforcement of prescribed containment strategies, focus on the surveillance and strict observance of standard COVID 19 protocol in the islands during this period of Corona Curfew.
And therefore, I, S. Asker Ali, IAS, District Collector & Chairman, DDMA, UTLA, in exercise of the powers conferred under Section 17 of the Lakshadweep Epidemic Diseases COVID-19 Regulations, 2020 & Section 30 of the Disaster Management Act, 2005 hereby decided that any person found violating the Corona Curfew (local shutdown) shall be levied a fine of Rs.500/- and any Police personnel of Lakshadweep Police, UTLA from the rank of constable and above are authorized to collect the penalty.
This comes into force with immediate effect until further order.WP(C):12073/2021 32
Sd/-
(S Asker Ali, IAS) District Collector & Chairman, DDMA)"
23. Order dated 15.05.2021 issued by the 4 th respondent, extending the Curfew with varied restrictions, for a further period of 7 days (Exhibit-P4) is reproduced:
"F. No: E/21/7/2020-CoL Date: 15.05.2021 ORDER Whereas in the UT of Lakshadweep, the number of COVID positive cases is still increasing in the last one week and there are 1150 active cases (Kavaratti-453, Agatti-15, Amini-156, Kadmat-35, Kiltan-64, Chetlat-30, Androth-223, Kalpeni-109, Minicoy-60 and Bitra-2) in the islands as on 15.05.2021.
Whereas in the islands of Kavaratti, Kalpeni, Androth & Amini, the positivity rate is comparatively high as compared to the other islands and a detailed analysis of the COVID positive cases in these four islands in the last four weeks indicate that despite existing restrictions, the positivity rate has been increasing continuously.
Whereas Corona Curfew is enforced in all the islands with different timings and exemptions and this becomes an effective tool in the overall context of containment strategies as adopted by the Administration.WP(C):12073/2021 33
And whereas a situation is arisen in islands where there is a necessity to regulate the movement of people and to enhance the testing capacity and to ensure strict enforcement of prescribed containment strategies, focus on the surveillance and strict observance of standard COVID 19 protocol to prevent the further spread of the virus in the islands as per latest guidelines of the Ministry of Home Affairs.
And therefore, I, S. Asker Ali, IAS, District Collector & Chairman, DDMA, UTLA, in exercise of the powers conferred under Section 30 of the Disaster Management Act, 2005, hereby decide to revise and modify the conditions of the imposition of Corona Curfew (local shutdown) in the islands with the following specifications:
Kavaratti, Androth, • Complete Shutdown for 07 days Kalpeni & Amini with effect from 05:00 PM (17.05.2021) • Exemption from Corona Curfew on 16.05.2021 (06:00 AM to 05:00 PM) & on 17.05.2021 (06:00 AM to 05:00 PM) • Not more than five persons will be allowed at any given time inside a shop or at any given place during exemption period.
Kiltan, Chetlath, Bitra, • Same conditions continue to apply Kadamath, Minicoy & as notified under F.No. Agatti. E/21/7/2020-CoL dated 11.05.2021 till further orders.
WP(C):12073/2021 34Essential services, including Water Supply (PWD), Fire, Electricity, Police, Health, Disaster Management, Solid Waste Management & Sanitation, Port Shipping & Civil Aviation, people involved in management of COVID care centre, Guest House, BSNL, Bank & Post Office shall be exempted from the complete shutdown (Corona Curfew) in production of ID- Card. Non-compliance will be taken seriously by the authority and appropriate actions will be taken as per the relevant sections of the Disaster Management Act, 2005 and Indian Penal Code."
24. Likewise, the 4th respondent has issued Exhibits-P5 & P6 orders dated 31.05.2021 and 7.6.2021 respectively, extending the Curfew, for a further period of 14 days. Exhibit-P5 is extracted below:
"F. No: E/21/7/2020-CoL Date: 31.05.2021 ORDER Whereas in the UT of Lakshadweep, the number of COVID positive cases is still increasing and there are 2006 active cases (Kavaratti-1025, Agatti-25, Amini-73, Kadmat- 24, Kiltan-80, Chetlat-20, Androth-487, Kalpeni-138, and Minicoy-134) in the islands as on 30.05.2021.
Whereas in the islands of Kavaratti, Kalpeni, Androth, Amini and Minicoy, the positivity rate is comparatively high as compared to the other islands and a detailed analysis of WP(C):12073/2021 35 the COVID positive cases in these five islands in the last four weeks indicate that there is a high risk of spreading the virus further in the islands.
Whereas Corona Curfew is enforced in all the islands with different timings and exemptions and this becomes an effective tool in the overall context of containment strategies as adopted by the Administration.
And whereas a situation is arisen in islands where there is a necessity to regulate the movement of people and to enhance the testing capacity and to ensure strict enforcement of prescribed containment strategies, focus on the surveillance and strict observance of standard COVID 19 protocol to prevent the further spread of the virus in the islands as per latest guidelines of the Ministry of Home Affairs.
And therefore, I, S. Asker Ali, IAS, District Collector & Chairman, DDMA, UTLA, in exercise of the powers conferred under Section 30 of the Disaster Management Act, 2005, hereby decide to revise and modify the conditions of the imposition of Corona Curfew (local shutdown) in the islands with the following specifications:
Kavaratti, Androth, Complete Shutdown for 07 more days Kalpeni, Amini & Minicoy with effect from 05:00 PM of 31.05.2021 with the same conditions as notified under F. No. E/21/7/2020-CoL dated 24.05.2021 till further orders.WP(C):12073/2021 36
Kiltan, Chetlath, Bitra, Night Curfew (05:00 PM to 06:00 AM) Kadamath & Agatti.
Essential services, including Water Supply (PWD), Fire, Electricity, Police, Health, Disaster Management, Solid Waste Management & Sanitation, Port Shipping & Civil Aviation, people involved in management of COVID care centre, Guest House, BSNL, Bank, Indian Navy, Coast Guard, National Informatics Centre & Post Office shall be exempted from the complete shutdown (Corona Curfew) in production of ID- Card with negative COVID test report. Non-compliance will be taken seriously by the authority and appropriate actions will be taken as per the relevant sections of the Disaster Management Act, 2005 and Indian Penal Code."
25. Exhibit-P6 order dated 7.6.2021 is extracted below:
"F. No: E/21/7/2020-CoL Date: 07.06.2021 ORDER Whereas in the UT of Lakshadweep, the COVID situation is yet to stabilize and there are 1005 active cases (Kavaratti-484, Agatti-16, Amini-51, Kadmat-14, Kiltan-21, Chetlat-14, Androth-188, Kalpeni-24, Minicoy-123 and Bitra-
70) in the islands as on 06.06.2021.
Whereas in the islands of Kavaratti, Kalpeni, Androth, Amini, Minicoy and Bitra, the positivity rate is comparatively high as compared to the other islands and a detailed WP(C):12073/2021 37 analysis of the COVID positive cases in these six islands in the last four weeks indicate that there is a high risk of spreading the virus further in the islands.
Whereas Corona Curfew is enforced in all the islands with different timings and exemptions and this becomes an effective tool in the overall context of containment strategies as adopted by the Administration.
And whereas a situation is arisen in islands where there is a necessity to regulate the movement of people and to enhance the testing capacity and to ensure strict enforcement of prescribed containment strategies, focus on the surveillance and strict observance of standard COVID 19 protocol to prevent the further spread of the virus in the islands as per latest guidelines of the Ministry of Home Affairs.
And therefore, I, S. Asker Ali, IAS, District Collector & Chairman, DDMA, UTLA, in exercise of the powers conferred under Section 30 of the Disaster Management Act, 2005, hereby decide to revise and modify the conditions of the imposition of Corona Curfew (local shutdown) in the islands with the following specifications:
Kavaratti, Androth, • Complete Shutdown for 07 more Kalpeni, Amini, Minicoy days with effect from 05:00 PM & Bitra (07.06.2021) • Shops and establishment selling groceries, vegetables and other essential commodities will be allowed WP(C):12073/2021 38 to open from 01:00 PM to 04:00 PM with prior permission from District Collector for Kavaratti and Deputy Collector/Block Development Officers or Authorised Officer for Androth, Kalpeni, Amini, Minicoy & Bitra islands with a condition to follow SOP and COVID appropriate behaviour at all the time.
• The Hotels and Restaurants in the islands can function from 07:30 AM to 09.30 AM, 01:00 PM to 03:00 PM & 06:00 PM to 09:00 PM only for home delivery of packed food items with a condition to follow SOP and COVID appropriate behaviour at all the time.
• All the staffs, including delivery persons, working in hotels and restaurants / shops selling groceries have to be tested for COVID-19 and they must take prior permission from the District Collector (Kavaratti) and from the respective DCs/BDOs or Authorised Officer (Androth, Kalpeni, Amini, Minicoy & Bitra).
• The fisherman / meat traders can sell their products (fish & meat) through home delivery from 3:00 PM to 05:00 PM only.
• All the persons involved in selling of fish and meats have to be tested for COVID-19 and they must take prior permission from the District Collector (Kavaratti) and from the respective DCs or Authorised Officer (Androth, Kalpeni, Amini, Minicoy & Bitra).
• The fisherman / meat traders have to take vehicle permission with persons WP(C):12073/2021 39 involved from the District Collector (Kavaratti) and from the respective DCs or Authorised Officer (Androth, Kalpeni, Amini, Minicoy & Bitra) Kiltan, Chetlath, • Same conditions continue to apply as Kadamath & Agatti. notified under F.No.E/21/7/2020-CoL dated 31.05.2021 till further order.
Essential services, including Water Supply (PWD), Fire, Electricity, Police, Health, Disaster Management, Solid Waste Management & Sanitation, Port Shipping & Civil Aviation, People involved in management of COVID care centre, Guest House, BSNL, Bank & Post Office shall be exempted from the complete shutdown (Corona Curfew) in production of ID- Card with negative COVID test report. Fishing activities and construction activities will be permitted during the shutdown with prior permission from the respective DC or BDOs. Non-compliance will be taken seriously by the authority and appropriate actions will be taken as per the relevant sections of the Disaster Management Act, 2005 and Indian Penal Code.
Sd/-
(S Asker Ali, IAS) District Collector (UTLA) & Chairman, DDMA."
26. Order dated (Exhibit-P35), issued by the 4 th respondent, extending the Curfew in Kavaratti, Bitra, Kiltan and Minicoy islands, is extracted below: WP(C):12073/2021 40
"F. No: 1/3/2020-CoL Date: 14.06.2021
ORDER
Whereas in the UT of Lakshadweep, the COVID situation is yet to stabilize and there are 576 active cases (Kavaratti-181, Agatti-22, Amini-06, Kadmat-29, Kiltan-34, Chetlat-09, Androth-135, Kalpeni-15, Minicoy-105 and Bitra-
40) in the islands as on 13.06.2021.
Whereas in the islands of Kavaratti, Bitra, Kiltan & Minicoy, the positivity rate for the last two weeks is comparatively high as compared to the other islands and a detailed analysis of the COVID positive cases in these four islands in the last four weeks indicate that there is a high risk of spreading the virus further in the islands.
Whereas Corona Curfew is enforced in all the islands with different timings and exemptions and this becomes an effective tool in the overall context of containment strategies as adopted by the Administration.
And whereas a situation is arisen in islands where there is a necessity to regulate the movement of people and to enhance the testing capacity and to ensure strict enforcement of prescribed containment strategies, focus on the surveillance and strict observance of standard COVID 19 protocol to prevent the further spread of the virus in the islands as per latest guidelines of the Ministry of Home Affairs.
WP(C):12073/2021 41
And therefore, I, S. Asker Ali, IAS, District Collector & Chairman, DDMA, UTLA, in exercise of the powers conferred under Section 30 of the Disaster Management Act, 2005, hereby decide to revise and modify the conditions of the imposition of Corona Curfew (local shutdown) in the islands with the following specifications:
Kavaratti, Bitra, Kalpeni • Complete Shutdown for 07 more & Minicoy days with effect from 05:00 PM (14.06.2021) • Shops and establishment selling groceries, vegetables and other essential commodities will be allowed to open from 01:00 PM to 04:00 PM with prior permission from District Collector for Kavaratti and Deputy Collector/Block Development Officers or Authorised Officer for Bitra, Kiltan & Minicoy islands with a condition to follow SOP and COVID appropriate behaviour at all the time.
• The hotels & Restaurants in the islands can function from 07:30 AM to 09.30 AM, 01:00 PM to 03:00 PM & 06:00 PM to 09:00 PM only for home delivery of packed food items with a condition to follow SOP and COVID appropriate behaviour at all the time.
• All the staffs, including delivery persons, working in hotels and restaurants/shops selling groceries have to be tested for COVID-19 and they must take prior permission from the District Collector (Kavaratti) and from the respective DCs/BDOs or Authorised Officer (Bitra, Kiltan & WP(C):12073/2021 42 Minicoy).
• The fisherman / meat traders can sell their products (fish & meat) through home delivery from 3:00 PM to 05:00 PM only.
• All the persons involved in selling of fish and meats have to be tested for COVID-19 and they must take prior permission from the District Collector (Kavaratti) and from the respective DCs or Authorised Officer (Bitra, Kiltan & Minicoy).
• The fisherman / meat traders have to take vehicle permission with persons involved from the District Collector (Kavaratti) and from the respective DCs or Authorised Officer (Bitra, Kiltan & Minicoy).
Kadmath, Agatti, Amini, • Night Curfew only (05.00 PM to 06.00 Androth, Kalpeni & AM) with effect from 14.06.2021 until Chetlath. further orders.
Essential services, including Water Supply (PWD), Fire, Electricity, Police, Health, Disaster Management, Solid Waste Management & Sanitation, Port Shipping & Civil Aviation, People involved in management of COVID care centre, Guest House, BSNL, Bank, Post Office, Indian Navy & Indian Coast Guard shall be exempted from the complete shutdown (Corona Curfew) in production of ID- Card with negative COVID test report. Fishing activities and construction activities will be permitted during the shutdown with prior permission from the respective DC or BDOs. Non-compliance will be taken seriously by the authority and WP(C):12073/2021 43 appropriate actions will be taken as per the relevant sections of the Disaster Management Act, 2005 and Indian Penal Code.
Sd/-
(S Asker Ali, IAS) District Collector (UTLA) & Chairman, DDMA."
27. Disaster Management Act, 2005 is an Act to provide for the effective management of disasters and for matters connected therewith or incidental thereto. Section 34 of the Disaster Management Act, 2005 speaks about powers and functions of District Authority in the event of any threatening disaster situation or disaster and it reads thus:
"34. Powers and functions of District Authority in the event of any threatening disaster situation or disaster.-- For the purpose of assisting, protecting or providing relief to the community, in response to any threatening disaster situation or disaster, the District Authority may--
(a) give directions for the release and use of resources available with any Department of the Government and the local authority in the district;
(b) control and restrict vehicular traffic to, from and within, the vulnerable or affected area;
(c) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or WP(C):12073/2021 44 affected area;
(d) remove debris, conduct search and carry out rescue operations;
(e) provide shelter, food, drinking water and essential provisions, healthcare and services;
(f) establish emergency communication systems in the affected area;
(g) make arrangements for the disposal of the unclaimed dead bodies;
(h) recommend to any Department of the Government of the State or any authority or body under that Government at the district level to take such measures as are necessary in its opinion;
(i) require experts and consultants in the relevant fields to advise and assist as it may deem necessary;
(j) procure exclusive or preferential use of amenities from any authority or person;
(k) construct temporary bridges or other necessary structures and demolish structures which may be hazardous to public or aggravate the effects of the disaster;
(l) ensure that the non-governmental organisations carry out their activities in an equitable and non-
discriminatory manner;
(m) take such other steps as may be required or warranted to be taken in such a situation."
WP(C):12073/2021 45
28. While considering the writ petition, material on record and oral submissions of the learned Senior Central Government Standing Counsel for Lakshadweep Administration, and also the charts showing island-wise distribution of rice in May, 2021, month-wise beneficiaries for providing Food Security Allowance under NPMDM, during 2021, and the island-wise details of COVID 19 positive patients treated as CFLTS, as on 8.6.2021, a Hon'ble Division Bench of this Court on 10.06.2021, has passed the following order:
"4. The learned Senior Central Government Counsel for respondents 2 to 4 has made available for the perusal of this Court charts showing island-wise distribution of rice in May, 2021; month-wise beneficiaries for providing Food Security Allowance under NPMDM during the year 2021; and also island-wise details of COVID positive patients treated at CFLTCs, as on 08.06.2021. A copy of these charts are already served on the learned counsel for the petitioner. The learned Senior Central Government Counsel would submit that a copy of these charts shall be served on the learned Assistant Solicitor General of India, today itself.
5. After referring to the data in those charts, the learned Senior Central Government Counsel would submit that, the 4th respondent District Collector and Chairman of the Disaster Management Authority has already taken necessary steps to ensure adequate supply of rice to the WP(C):12073/2021 46 residents of all the islands. The learned Senior Central Government Counsel would undertake, on behalf of the 4th respondent, that the Administration will take necessary steps to ensure that there is no shortfall in the supply of food kits and other necessary provisions to the residents of all the islands, during the period of lock down. He would point out that there is sufficient stock of rice for supply up to October, 2021.
6. Recording the aforesaid undertaking given on behalf of the 4th respondent District Collector and Chairman of the Disaster Management Authority, we adjourn this matter to 15.06.2021, for filing statement by the learned Senior Central Government Counsel, on behalf of the 4 th respondent, stating the measures already taken and the additional measures, if any, proposed during the period of lock down, to ensure adequate and sufficient supply of rice and other provisions to the residents of Lakshadweep Islands, either free of cost or on payment basis. The learned counsel for the petitioner would also submit that the petitioner will place on record the representations already moved before the authorities, before 15.06.2021.
List on 15.06.2021."
29. One of the prayers sought for by the petitioner in the writ petition is for a direction to respondents 1 to 4, to provide necessary food kits, WP(C):12073/2021 47 including rice and all other necessary provisions, to the needy residents of Lakshadweep, till the absolute lifting of lockdown and till the overall situation in the islands reach normalcy.
30. From the material on record, it could be deduced that from 15.05.2021, Disaster Management Authority, Lakshadweep Administration, Government of India, has issued orders extending the Corona Curfew (local shutdown) and permitted certain activities to continue, certain activities to be prohibited. Pursuant to the said orders, there was complete shutdown for seven days from 17.05.2021. Activities in Kavaratti, Androth, Kalpeni and Amini and the conditions which were issued insofar as Kiltan, Chetlat, Bitra, Kadmath, Minicoy and Agatti, as notified in F.No.E/21/7/2020-CoL dated 11.05.2021, were directed to continue.
31. Again, on 7.6.2021, Government have issued orders, stated supra, extending the complete shutdown for seven more days from 7.6.2021, in respect of Kavaratti, Androth, Kalpeni, Amini, Minicoy and Bitra. It is also stated in the order that shops and establishments selling groceries, vegetables and other essential commodities would be allowed to open, with prior permission from the competent authorities. WP(C):12073/2021 48
32. Thereafter, on 14.06.2021, the 4 th respondent, District Collector and Chairman, DDMA, UTLA, has issued orders revising and modifying the conditions of imposition of Corona Curfew, for seven more days, with effect from 5.00 p.m on 14.06.2021, in respect of Kavaratti, Bitra, Kiltan and Minicoy. That apart, all the activities specified in the order dated 7.6.2021 (Exhibit-P6) were permitted to continue, in respect of Kavaratti, Bitra, Kiltan and Minicoy, with the prior permission from the competent authorities.
33. As rightly pointed out by the learned counsel for the petitioner, fishing activities and other construction activities have been permitted with the prior permission of the respective DCs / BDOs, fisherman / meat traders have been permitted to sell their products (fish and meat) through home delivery from 3 p.m. to 5 p.m.
34. Though the learned counsel for the petitioner submitted that the abovesaid activities, viz., fishing etc., have been permitted only from 07.06.2021, the same has no relevance to the prayer sought for in the instant writ petition. The prayer is against respondents Nos. 1 to 4, to provide food kits and other necessary provisions to the needy residents of Lakshadweep till the absolute lifting of lockdown and till the Union Territory WP(C):12073/2021 49 of Lakshadweep reach overall normalcy. Though contrary submissions have been made as regards the population and the number of persons engaged in fishing and other activities and to the number of persons employed in Government services, here again, we are of the view that the same is not relevant to consider the prayers sought for.
35. As rightly contended by Mr. S. Manu, learned Senior Central Government Standing Counsel for Lakshadweep Administration, although Section 34 of the Disaster Management Act, 2005 deals with several measures to be taken by the Disaster Management Authority, in the event of any threatening disaster situation, depending upon the ground reality, action is required to be taken by the authorities and no mandamus can be issued to the District Management Authority, to take action to cover all the things mentioned in Section 34.
36. Alternate prayer for a direction to the respondents, to provide direct cash transfer to the accounts of the residents of Lakshadweep, for food, under which cash equivalent is being transferred directly into the bank accounts, to enable the people to purchase food grains from open market, as provided under the National Food Security Act, 2013, cannot be granted. WP(C):12073/2021 50
Going through the statement filed by the learned Senior Central Government Standing Counsel for Lakshadweep Administration, and material on record, we are satisfied that the Union Territory of Lakshadweep have taken adequate measures during the Corona Curfew (local shutdown). The reliefs sought for cannot be granted. Writ petition is accordingly, disposed of.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE krj WP(C):12073/2021 51 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 COPY OF THE ORDER DATED 18.04.2020 ISSUED BY THE DISASTER MANAGEMENT AUTHORITY.
EXHIBIT P2 COPY OF THE ORDER DATED 19.01.2021 ISSUED BY THE DISASTER MANAGEMENT AUTHORITY.
EXHIBIT P3 COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 28.04.2021.
EXHIBIT P4 COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 15.05.2021.
EXHIBIT P5 COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 31.05.2021.
EXHIBIT P6 COPY OF THE ORDER DATED 07.06.2021 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 COPY OF THE REPRESENTATION FILED BY THE DISTRICT PANCHAYATH PRESIDENT, UNION TERRITORY OF LAKSHADWEEP, TO THE 4TH RESPONDENT DATED 12.05.2021.
EXHIBIT P8 COPY OF THE REPRESENTATION FILED BY THE DISTRICT PANCHAYATH PRESIDENT, UNION TERRITORY OF LAKSHADWEEP, TO THE 3RD RESPONDENT DATED 12.05.2021.
EXHIBIT P9 COPY OF THE REPRESENTATION FILED BY PRESIDENT, INDIAN YOUTH CONGRESS, LAKSHADWEEP STATE COMMITTEE, BEFORE THE 3RD RESPONDENT.
EXHIBIT P10 COPY OF THE REPRESENTATION FILED BY THE GENERAL SECRETARY OF NATIONALIST CONGRESS PARTY, BEFORE THE 4TH RESPONDENT DATED 16.05.2021.
EXHIBIT P11 COPY OF THE REPRESENTATION FILED BY THE CHAIRPERSON, KALPENI VILLAGE (DWEEP) PANCHAYATH, BEFORE THE 4TH RESPONDENT DATED 17.05.2021.
EXHIBIT P12 COPY OF THE REPRESENTATION FILED BY THE CHAIRPERSON OF KALPENI VILLAGE (DWEEP) PANCHAYATH, BEFORE THE 4TH RESPONDENT DATED 01.06.2021.
WP(C):12073/2021 52EXHIBIT P13 COPY OF THE REPRESENTATION FILED BY THE DISTRICT PANCHAYATH MEMBER, KALPENI, BEFORE THE 4TH RESPONDENT DATED 01.06.2021. EXHIBIT P14 COPY OF THE REPRESENTATION FILED BY THE CHAIRPERSON, AMINI VILLAGE (DWEEP) PANCHAYATH, BEFORE THE SECRETARY (FINANCE) DATED 05.06.2021.
EXHIBIT P15 COPY OF THE REPRESENTATION FILED BY THE DISTRICT PANCHAYAT MEMBER (ANDROTH) DATED 05.06.2021.
EXHIBIT P16 COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 06.06.2021.
EXHIBIT P17 COPY OF THE LETTER SENT BY CHAIRPERSON, KALPENI VILLAGE (DWEEP) PANCHAYATH DATED 07.06.2021.
EXHIBIT P18 COPY OF THE REPRESENTATION FILED BY THE PRESIDENT NATIONALIST CONGRESS PARTY, ANDROTH UNIT, TO THE 3RD RESPONDENT DATED 07.06.2021.
EXHIBIT P19 COPY OF THE LETTER SENT BY CHAIRPERSON, KAVARATTI VILLAGE (DWEEP) PANCHAYATH, BEFORE THE 4TH RESPONDENT DATED 08.06.2021. EXHIBIT P20 COPY OF THE LETTER SENT BY VICE PRESIDENT, NATIONALIST CONGRESS PARTY, BEFORE THE 3RD RESPONDENT DATED 08.06.2021. EXHIBIT P21 COPY OF THE RESOLUTION OF AMINI VILLAGE (DWEEP) ISLAND DATED NIL EXHIBIT P22 COPY OF THE LETTER SENT BY CHAIRPERSON, ANDROTH VILLAGE (DWEEP) PANCHAYATH, TO THE DEPUTY COLLECTOR DATED 08.06.2021. EXHIBIT P23 COPY OF THE LETTER SENT BY GENERAL SECRETARY, KISSAN MORCHA, BEFORE THE DEPUTY COLLECTOR, ANDROTH DATED 08.06.2021. EXHIBIT P24 COPY OF THE COMPLAINT FILED BY THE SECRETARY, COMMUNIST PARTY OF INDIA DATED 08.06.2021.
EXHIBIT P25 COPY OF THE COMPLAINT FILED BY THE SECRETARY, COMMUNIST PARTY OF INDIA (MARXIST) DATED 08.06.2021.
WP(C):12073/2021 53EXHIBIT P26 COPY OF THE LETTER SENT BY CHAIRPERSON, ANDROTH VILLAGE (DWEEP) PANCHAYATH BEFORE THE ADVISOR OF THE 3RD RESPONDENT DATED 08.06.2021.
EXHIBIT P27 COPY OF THE FORWARDING LETTER SENT BY CHAIRPERSON, KILTAN VILLAGE (DWEEP) PANCHAYATH, BEFORE THE BLOCK DEVELOPMENT OFFICER, KILTAN DATED 11.06.2021.
EXHIBIT P28 COPY OF THE LETTER SENT BY CHAIRPERSON, KILTAN VILLAGE (DWEEP) PANCHAYATH BEFORE THE 4TH RESPONDENT DATED 14.06.2021. EXHIBIT P29 COPY OF THE REPRESENTATION FILED BY THE RESIDENTS OF BITRA ISLAND BEFORE THE 4TH RESPONDENT DATED 11.06.2021.
EXHIBIT P30 COPY OF THE REPRESENTATION FILED BY THE RESIDENTS OF AGATTI ISLAND BEFORE THE 4TH RESPONDENT DATED 11.06.2021. EXHIBIT P31 COPY OF THE REPRESENTATION FILED BY THE RESIDENTS OF CHETLAT ISLAND BEFORE THE 4TH RESPONDENT DATED 14.06.2021. EXHIBIT P32 COPY OF THE FORWARDING LETTER ISSUED BY THE CHAIRPERSON, KILTAN VILLAGE (DWEEP) PANCHAYATH TO THE BLOCK DEVELOPMENT OFFICER DATED 11.06.2021.
EXHIBIT P33 COPY OF THE REPRESENTATION SENT BY CHAIRPERSON, BITRA VILLAGE (DWEEP) PANCHAYATH BEFORE THE 4TH RESPONDENT DATED 12.06.2021. EXHIBIT P34 COPY OF THE REPRESENTATION FILED BY THE HASARUDEEN P., TO THE 4TH RESPONDENT DATED 12.06.2021.
EXHIBIT P35 COPY OF THE ORDER DATED ISSUED BY THE 4TH DATED 14.06.2021. RESPONDENTS' EXHIBITS:- 'NIL' //TRUE COPY// P.A. TO JUDGE