High CourtsSingle Bench(2021) 01 KL CK 0393

Shafeeque Rahman K.K And Ors vs Collector And Chairman And Ors

High Court Of Kerala · Decided on 18 January 2021

HON’BLE JUDGES
P.V. Asha, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 29184 Of 2020, 589 Of 2021

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Judgment

255 paragraphs · 4,955 words
1.

Petitioners in both these cases are residents/natives of Kalpeni/Kavaratti Island of the Union Territory of Lakshadweep. They are aggrieved by

Ext.P9 revised Standard Operating Procedure (SOP) issued by the 1st respondent on 22.12.2020 whereby the requirement of quarantine has been

withdrawn for persons travelling to Union Territory of Lakshadweep reducing the restrictions to sole requirement of negative test report in RTPCR

obtained 48 hours before the travel. The parties and documents referred to in the common judgment are as described in W.P.(C) No. 29184 of 2020

unless specified otherwise.

2.

The petitioners point out that the Union Territory of Lakshadweep is the only Island in the country where there has not been a single positive case

of the Novel Corona virus, because of the strict adherence to the restrictions imposed till Ext.P9 was issued. It is stated that immediately on the wake

of pandemic, the Administration had issued Ext.P1 -Lakshadweep Epidemic disease Covid-19 Regulation, 2020 on 22.3.2020, under Sections 2 to 4 of

Epidemic Diseases Act. The Collector and District Magistrate issued Ext.P2 order on 22.03.2020 suspending passenger ships sailing to and from the

Islands and thereafter Ext.P3 prohibitory order under Section 144 Cr.P.C on 23.03.2020. Consequent to direction issued by the National Disaster

Management Authority to impose lock down measures, the 1st respondent- the Collector and Chairman of District Disaster Management Authority-

issued Ext P4 order on 25.3.2020, in exercise of his powers under Section 30 and 34 of the Disaster Management Act, appointing Executive

Magistrates in all islands as Incident Commanders for implementation of lockdown measures in their respective jurisdiction. All the departments were

to work under their directions and they were to issue passes for enabling essential movements. The Director, Port and Shipping issued Ext.P5 order on

20.04.2020 restricting interisland movement of passengers. On 7.5.2020, Ext.P6 order was issued laying down the SOP to be observed while bringing

all stranded persons of the Island at Kerala and Mangalore to Lakshadweep imposing strict quarantine protocols. 14 days' mandatory institutional

quarantine at Kochi was imposed by the administration arranging the facilities for the same at its expense. After the institutional quarantine, only those

persons, who were found negative after undergoing covid test, were allowed to move to Lakshadweep and those persons were to undergo home

quarantine for another 14 days after reaching the Island. Thereafter, the 1st respondent issued Ext.P7 SOP on 04.11.2020 reducing the period of

institutional quarantine at Kochi from 14 days to 10 days; allowing those persons to undergo Covid 19 test after 7 days' of quarantine and allowing

those who were found negative to move to Lakshadweep on completion of 10 days' institutional quarantine. Petitioners state that since no cases of

Covid were reported due to the restrictions imposed, mask, sanitizers etc. are not used in the islands and classes are going on in schools; all religious

institutions, gatherings etc. are held as usual. It is whileso the revised SOP has been issued as per Ext.P9 order on 22.12.2020, limiting the requirement

only to the negative RTPCR test report obtained 48 hours before travelling to island. According to the petitioners, if mandatory institutional as well as

home quarantine are not insisted, it would bring about disastrous results in the island. According to them, the said SOP has been issued without any

scientific study or research and without any request for any relaxation from any corner. It is stated that the village Panchayat as well as the District

Panchayat had submitted representations before the Administration as well as the Government of India forwarding their unanimous resolution

requesting to continue the mandatory quarantine for those coming to islands. It is stated that there is a potential threat of persons contracting and

spreading the disease, in the absence of sufficient medical facilities in the Island. It is stated that there is no specialised medical professionals like

Pulmonologist, Cardiologist etc. in the Island; the SOP has been modified without taking note of the risk involved with limited facilities for health care,

transportation, etc. in the isolated locality and the vulnerability in terms of its demography. It is stated that even for evacuation using a helecopter, it

requires 3 hours, that too, in a closed atmosphere. It is also stated that density of population in Lakshadweep is the highest and if there is a spread it

would be uncontrollable. It is stated that the modification is suicidal especially in the wake of new mutant virus and when restrictions are again being

made in various countries. According to the petitioners, the fundamental rights of the islanders are violated on account of such modifications issued on

extraneous considerations. It is pointed out that the relaxation measures effected in the mainland would not be compatible to the island.

3.

The learned Senior Central Government Standing Counsel has filed statements as well as additional statements in both the Writ Petitions refuting

the contentions of the petitioners and the petitioner in W.P.(C).No.29184 of 2020 has filed reply statement.

4.

(i) According to the statement of the respondents, the decision to issue the revised SOP is a matter of policy taken with due regard to all relevant

considerations and it is within the authority of the Administration. It is stated that the Administration has been taking strict measures to keep the

islanders safe from the very beginning of outbreak of Covid 19 suspending the movement from mainland to Islands as well as from Islands to mainland

as per orders issued on 22.3.2020 and issuing detailed orders under the provisions of Disaster Management Act, 2005, on 25.3.2020. The movement

was limited to supply of essential commodities and medical emergencies. Though the Government of India started a process of graded reopening and

progressive resumption of activities and issued instructions on 29.6.2020 banning restrictions on interstate and intrastate movement and thereafter

issued orders relaxing the restrictions in a phased manner in all the States, the Lakshadweep Administration continued to insist institutional quarantine

at Kochi and home quarantine in the Island. It is stated that the mandatory institutional quarantine for 14 days and home quarantine for 7 days fixed in

SOP 12 was modified on 4.11.2020 reducing the institutional quarantine to 10 days even when no other State or Union Territory was following such

stringent measures. It is stated that the Administration was providing free institutional quarantine free of cost and it was conducting the tests free of

cost, which was insisted before travelling to the Island. It is stated that 5018 persons have availed the free quarantine facility during the 6 months' time

from June, 2020 to December, 2020, apart from undergoing RTPCR test.

(ii). It is stated that relaxation of quarantine requirements became necessary for resuming economic and developmental activities in the Islands; the

restrictions which were in force for the period from March, 2020 to 27.12.2020, i.e ¾ of an year, have seriously affected the Administration as well

as the people; major developmental activities including major constructions had to be switched off due to scarcity of labourers in mainland; all tourism

operations, which is a major source of income for the administration remained suspended, which affected large number of people. It is stated that even

though the tourism promotion society under the Administration (SPORTS), was not functioning, about 800 persons who are employed in it are being

paid even without any tourism operations; there is usual restriction for the period from 15.5.2021 to 15.09.2021 for travel due to Monsoon when there

would not be any tourism operations or economic and developmental activities; it became essential to ease the movement of people from mainland to

the islands to ensure resumption of economic and developmental activities; therefore after analysing all the relevant factors a balanced approach to

revise the existing SOP and to avoid quarantine requirements was adopted by the Administration.

(iii) It is stated that the Government of India, in order to resist Covid pandemic, announced vaccination programme and vaccination will be

commencing in Lakshadweep also just like in all States and Union Territories and enough quantity of vaccine would be provided by the Central

Government free of cost; in the first phase the Administration is likely to get 3000 dose of vaccine and has made all preparations for the vaccination

drive; a coordination mechanism at the UT level with the Advisor to the Administrator as its Chairman and the Medical Superintendents/Medical

Officers of the respective Islands as Member Secretaries of the Island level Task Forces with respective Deputy Collectors/Sub Divisional Officers

as Chairmen have been already coordinated; 953 Health Care workers have been included in the prioritized category to receive the vaccine; 35

vaccinators have been trained; there are 231 additional potential vaccinators; there will be 1 cold chain point in each inhabited island; the State level

training for vaccination was completed on 19.12.2020; in addition to the National Help Line a UT Call center has been opened; sufficient number of

Ice Lined Refrigerators, deep freezers, vaccine carriers, cold boxes, ice packs, stabilizers, stem thermometers etc. have been made available in every

island; first dry run was conducted in all islands from 02.01.2021 to 5th; the 2nd dry run was conducted at Indira Gandhi Hospital, Kavaratti on

8.1.2021; 300 vials (3000 doses) Covid â€" 19 vaccine will be received from Serum Institute shortly at Cochin International Airport which will be

transported to Kavaratti immediately and will be distributed to various islands using Helicopters; adequate quantity of syringes is received at Kavaratti.

It is therefore stated that the apprehension regarding spread of pandemic in the islands is irrelevant.

(iv) It is further stated that the movements of ship between main land and islands have become regular as usual and thousands of people travelled to

various islands from mainland after the impugned SOP came into force on 28.12.2020. The movement of passengers and goods to the Islands has

been restored strictly adhering to the guidelines in the revised SOP for preventing spread of the virus infection.

5.

A reply affidavit is filed in answer to the statement filed in W.P(c).29184/2020. Producing Ext.P12 directives issued by the Home Ministry,

Government of India, it is stated that even those directives require the assessment of the local situation with due care and caution while implementing

the graded reopening and progressive resumption of activities. It is stated that the guidelines for interstate movement of people and goods made for the

mainland cannot have any relevance to the Lakshadweep Islands. The petitioner alleges that the reason behind Ext.P9 is the offshoot of ego clash of

the newly appointed Administrator on 4.12.2020, because his attempt to accommodate guests was objected to pointing out that observance of

quarantine protocol and guidelines by all including the MP for ensuring Lakshadweep to be Green Zone and free of Covid. According to the

petitioners, the infrastructure and medical facilities mentioned in the statement are not correct and once the Monsoon sets in, no movement of people

would be possible from the Island and the respondents would not be able to do anything. Producing Ext.P14 information received on 1.1.2021 under

Right to Information Act petitioner stated that there was no recommendation from the Director of Health Services, who is the competent authority to

reduce the institutional and home quarantine. It was also pointed out that the number of oxygen cylinders are only 290 and no critical care units or

intensive care units are available. It is pointed out that the number of ventillators available are only 25, 23, 6, 6, and 7 respectively in Kavaratti, Agatti,

Andrott, Amini and Minicoy Islands. The number of ICU beds available are 4 in Kavaratti, 4 in Agatti and 2 each in Andrott, Amini and Minicoy. No

critical care units are available. In the draft report drawn on the basis of the meeting held on 10.12.2020 of the technical committee which discussed

about the quarantine relaxation for travellers from Kochi to Lakshadweep produced it was pointed out that the recommendation was to revise the

institutional quarantine period followed at Kochi to 5 days based on the current scientific evidence on transmission of Covid 19 infections and other

practical concerns. It was also decided that the RTPCR test shall be done at the end of the 5th day of institutional quarantine before allowing travel to

Lakshadweep. It was also decided to relax the 7 days' home quarantine to the effect that they should avoid social and other gatherings, unnecessary

travels, etc. and follow the Covid appropriate behaviours at all times for a period of 7 days from the date of arrival. It is reiterated that Ext.P9 SOP is

issued contrary to the recommendations and advice of the Director (Health Services). It is stated that a modified SOP Ext.P15 was issued even on

15.12.2020 in the case of fish collection activities insisting mandatory quarantine and there was no occasion for a variation within the short period for

issuing the revised SOP exposing the Islanders to the risk of contacting the pandemic. It is stated that there was no request from any workers to relax

any restriction as normal life in Island was not affected. According to the petitioner it is stated the SOP is revised based on an absurd and unilateral

decision without the support of any scientific or empirical data or research, without considering the absence of any specialised medical professionals

such as Pulmonologists, Cardiologists etc, in the island, limitations on travel on account of the oppression of geography, safety concerns in evacuating

using a helicopter which necessitates travel for around 3 hours in closed atmosphere, the high density of population in Lakshadweep , etc and that the

indifference, carelessness or negligence on the part of administration would prove catastrophic. Pointing out Ext.P16 request made by the leader of

opposition for convening an urgent meeting and Ext.P17 letter of the Chief Executive Officer of Lakshadweep District Panchayat and Ext.P18

unanimous resolution taken in the meeting it is stated that the request made by the Panchayat is not even considered. It is further stated that in

Andaman and Nicobar Islands, several persons died due to relaxation of strict guidelines and protocol. It is stated that the islanders themselves are

insisting for home quarantine even in the absence of any directions from anybody else in order to see that the Administration continued to be a green

zone from covid.

6.

An additional statement has been filed by the Senior Central Government Counsel in W.P(C).No.589 of 2021 in which the preparations made have

been explained. Para. 3 reads as follows:

“3. The Government of India has already announced vaccination programme to resist Covid pandemic. From 16th of January the

vaccination will commence in all states and Union Territories. In Lakshadweep also vaccination will be commencing and enough quantity of

vaccine will be provided by the Central Government. In the first phase the Lakshadweep Administration has already made all preparations

for the vaccination drive. The vaccine will be provided by the Government of India free of cost. A coordination mechanism at the UT level

with the Advisor to the Administrator as its Chairman and Island level Task Forces with respective Deputy Collectors/Sub Divisional

Officers as Chairmen have been already constituted. The Medical Superintendents or Medical Officers of the respective Islands are the

Member Secretaries of the Task Forces. 953 Health Care Workers have been included in the prioritized categoy to receive the vaccine. 35

vaccinators have been trained. Additional potential vaccinators have been identified and there are 231 such vaccinators. There will be 1

cold chain point in each inhabited island. The state level training for vaccination was completed on 19.12.2020. The vaccinators training

was done on 30th and 31st December, 2020. Training for additional potential vaccinators has also been completed. In addition to the

National Help Line a UT Call Center has also been opened for the vaccination programme. Sufficient number of Ice Lined Refrigerators,

Deep Freezers, Vaccine Carriers, Cold Boxes, Ice Packs, Stabilizers, Stem Thermometers etc. have been made available in every island. The

first dry run was conducted in all islands from 2nd of January, 2021 to 5th. The 2nd dry run was conducted at Indira Gandhi Hospital,

Kavaratti on 8.1.2021. 300 vials (3000 doses) Covid-19 vaccine will be received from Serum Institute shortly at Cochin International

Airport which will be transported to Kavaratti immediately. Adequate quantity of syringes is already received at Kavaratti. The vials of

vaccine will be distributed to various islands using Helicopters. Therefore, the apprehension regarding spread of pandemic in the islands is

no longer relevant.

7.

Heard M/s. Shyam Padman and R.Rohit, the learned counsel appearing for the petitioners in W.P(C).Nos.29184/2020 and 985/2021 respectively

and Sri S.Manu, learned Senior Central Government Standing Counsel for Lakshadweep Administration and Sri. Jaisankar V. Nair, the learned CGC.

8.

The learned Counsel for the petitioners assert that after 10.12.2020, there was no recommendation by the Director of Health Services for further

relaxation of quarantine measures and that even on 15.12.2020, seven days' mandatory paid quarantine in Cochin with a negative test certificate within

48 hours of the commencement of travel from mainland to island was insisted for all the crews on boat and therefore the decision to tale away the

institutional quarantine within a further period of one week is not supported by any advice from the Director of Health on 22.12.2020 and that such

decision is taken at the instance of the new Administrator. It was argued that the the health care facilities and public health activities under it have

already been transferred to the Village/ District panchayat consequent to the amendment of the Constitution of India introducing Art.243G by 73rd

Amendment and therefore it is for the respective Panchayats to decide the matter relating to quarantine and a decision without even a discussion with

them and the inaction over the resolution of the Panchayats would lead to disastrous results which the islanders will have to suffer.

9.

The learned Standing Counsel made available the minutes of the joint meeting of Lakshadweep District Disaster Management Authority & Heads

of Departments held on 23.12.2020 in connection with the Swachh Lakshadweep Utsav-2020 and covid management in the wake of revised SOP

issued on 22.12.2020, relevant portion of which relating to Covid management reads as follows:

The Minutes of the Joint meeting of Lakshadweep District Disaster Management Authority & Heads of Departments held on 23.12.2020 at

Secretariat Conference Hall, Kavaratti.

A joint meeting of Lakshadweep District Disaster Management Authority & Heads of Departments was held on 23.12.2020 at Secretariat

Conference Hall, Kavaratti under the chairmanship of Shri S. AskerAli, IAS, District Collector & Chairman, DDMA. The meeting discussed

the following agenda points:

1.

Implementation of Swachh Lakshadweep Utsav-2020 from 25th December, 2020 to 3rd January, 2021.

2.

COVID management in the wake of revised SOP issued on 22.12.2020.

The list of DDMA members and other stakeholders who attended the meeting is enclosed as Annexure-I

At the outset, the chairman welcomed all the participants to the meeting and briefly explained the importance of such a meeting involving

members of DDMA and all HODs of the administration. He also explained the salient features of the Swachh Lakshadweep Utsav-2020

which is scheduled from 25th December, 2020 to 3rd January, 2021 & COVID management in the wake of revised SOP issued by DDMA on

22.12.2020.

The chairman appealed to all the participants to proactively participate in the cleanliness drive and take all necessary precautionary

measures for implementation of revised SOP issued on 22.12.2020 for the movement of men and materials from mainland to islands which

will come into force on 28.12.2020.

The Director (Health Services) has made a detailed presentation on the preparedness, availability of infrastructure, manpower, testing

facilities, etc which are in place in the Union Territory. He also expressed certain challenges that requires immediate attention so as to

implement the revised SOP in letter and spirit. After detailed deliberations, the following decisions have been taken.

(i) The Lakshadweep Police has to remain vigilant to ensure peaceful law and order situation in the wake of notification of the revised SOP.

Along with the Police, IRBn also has to intensify surveillance and monitoring activities by deploying more personnels at prominent places.

Action: SP, Lakshadweep Police & Commandant, IRBN

(ii) Dr/ Atul Pandey, DANICS & Dr.Shashipal Dabas, DANICS may be appointed as Coordinators to assist Director (Health Services) for

the overall COVID management in the islands.

Action P: DDMA

(iii) AO, Kochi has to constitute 2 Screening Committees one at Kochi and another at Calicut with representatives from Medical, Police, Port

etc to strictly enforce the conditions of the SOP and monitor the movement of persons from mainland to islands. They must ensure the facility

for thermal screening or Infra-Red screening at both the entry points.

Action: Administrative Office, Kochi

(iv) To facilitate the movement of men and material from Kochi to various islands of the Union territory as per the revised SOP, the

Department of Port, Shipp-ing and Aviation, UTLA shall finalize and release the ship schedule from 28th December 2020 onwards in a

staggered manner. The tickets may be released at least 4 (four) days before the commencement of scheduled departure from Kochi and the

booking may be regulated through online as well as Over the counter method to avoid the crowd and ensure social distancing in the whole

process.

Action: Director (Port, Shipping & Aviation) / Ml), LDCL.

(v) The thermal/ IR screening of all the passengers is made mandatory and the department of Health Services has to deploy dedicated teams

in Kochi and in all islands for strict compliance of the same. DHS has to identify & put in place required infrastructure and other facilities

for isolation, testing, oxygen availability, designated manpower, ventilators, etc

Action: Director (Health Serv ices)

(vi) The Department of Port, Shipping & Aviation has to provide details of passengers travelling from mainland to islands to the Chairman,

DDMA, Police. Director (Health Sen ices) and DCs/ SDOs of the concerned island for monitoring and surveillance.

Action: Director (Port, Shipping & Aviation) / Director (Health) / SP / DCs & SDOs.

(vii) The Director (Health Service) has to put in place a mechanism for contact tracing of primary & secondary contacts of all COV1D-19

positive cases. The authorised person shall be imparted with sufficient orientation and training to carry out the tracing work without any

scope for confusion.

Action: Director (Health Services)

(viii). Observance of COVID appropriate behaviour by each and every one is made compulsory. Strict enforcement of wearing of face

masks, hand hygiene and social distancing must be ensured. Any person found without wearing a mask in public/workplaces shall be levied

a fine of Rs.100/ - at the first instance and Rs.200/-at second instance of violation. The Police in close coordination with the surveillance

teams of Health Department have to strictly enforce the same.

Action: SP, Lakshadweep Police / Director (Health Services)

(ix). To regulate and to monitor the social distancing norms during social gathering, all the persons/ parties organising social gathering

have to report or intimate the same to the concerned DCs/ SDOs & SHOs at least two days before the event.

Action : SP, Lakshadweep Police / DC s & SDOs in islands

(x). Fish Collection Boats and Mechanised Sailing Vessels can operate observing the SOP dated 22.12.2020 with effect from 28.12.2020.

However, the MSVs can commence operation only from Beypore Port for time being. The Director (Fisheries). UTLA has to monitor the

movement offish collection boats.

Action : Director (P,S & A) / Director (Fisheries) / DCs & SDOs in islands

(xi) The department of Health Serv ices in consultation with Port dept. & DDMA hav e to prepare an SOP in case there is requirement for

medical evacuation of COVID positive cases. Also DHS shall submit an SOP to DDMA to be followed for management of COVID positive

cases in the islands.

Action: Director (PS&A) / Director (Health Services)

(xii) Persons above 65 years of age. persons with co-morbidities, pregnant women and other vulnerable groups have to be advised to stay

at home, except for essential and health purposes.

Action: Director (1P&K) / Director (Health Services)/ DCs & SDOs in islands

(xiii) Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community.

The individuals may be advised to install the Aarogya Setu application on compatible mobile phones and regularly update their health status

on the app.

Action: Director (IP&R) / Director (Health Services)/ Director (services)

(xiv) COVID testing at Kochi in the facility which is provided by the UTLA is free for natives of Lakshadweep. They can approach UTLA

facility at Kochi for RT-PCR testing.

Action: Director (Health Services)/AO, Kochi

xxxxxxx

10.

The aforesaid minutes would show that the Disaster Management Authority is taking steps to implement the SOP with the active involvement and

monitoring by the Director (Health Services), with the co-operation and co-ordination of all the stakeholders. Apart from that the preparations made

by the Health Department and the availability of hospitals to contain the situation are explained in paras2 and 3 of the additional statement,as follows:

“2. xxxx

(i) Department has placed one specialist each in Medicine, Surgery, Orthopaedics, ENT, Radiology, Paediatrics, Ophthalmology, Pathology

and two specialist in Public Health at District Hospital, Kavaratti. Besides department has placed two Anesthetists at Kavaratti to take care

of the Covid-19 Hospital, at Kavaratti.

(ii) At Rajiv Gandhi Specialty Hospital, Agatti, department has placed one specialist each in Medicine, Surgery, Orthopedics, ENT,

Radiology, Pediatrics, Ophthalmology, Pathology and dermatology. Besides department has placed two Anesthetists at RGSH to take care of

Covid Cases.

(iii) Govt. Hospital, Minicoy and Community Health Centre, Amini and Androth are provided with 5 specialists, one each in Medicine,

Surgery, Pediatrics, Anesthesiology and Gynecologist.

(iv) All the Primary Health Centres were provided with five doctors each to cater to the needs of population ranges of 3000-5000.

(v) For Bitra with 270 population, one doctor and sufficient paramedical staff has been provided.

3.

Other preparations made by the Health Department are as follows:

i) All health institutions except Bitra have been provided Truenat testing machine to test suspected Covid cases.

ii) First Line Treatment Centers in all islands with 10 bed each capacity have been established and at RGSH the capacity of FLTC is 18 and

at Kadmath it is of 21 beds and at Bitra a 5 bed FLTC has been established.

iii) One Covid-19 Hospital with 30 beds has been established at Kavaratti.

iv) 128 doctors are available wit the Department for meeting the requirements of the 6500 population.

v) 130 Staff Nurses are available for providing service in addition to other paramedical staff at the disposal of the Health Department.

vi) 43 specialists are available with the Department.

vii) Sufficient logistics have been kept ready for use.

viii) 67 ventilators are available with the Department.

ix) Arrangement will be made for evacuation in consultation with DDMA and Port Department, whenever situation demands.â€​

11.

The revised SOP is issued by the Disaster Manager Authority, as in the case of all the SOPs right from the beginning -from Ext P6 onwards in

exercise of its powers under the Disaster Management Authority. Vesting of the heath care facilities in the Village and District Panchayats as

contented by the learned Counsel for the petitioner, would not in any way affect the powers of District Disaster Management Authority, which itself

continued to issue the SOP reducing the relaxation as can be seen from Ext P7 as well as P9 .

12.

When petitioners apprehend immediate spread of Covid 19 on account of withdrawal of institutional quarantine for travelling to the islands and

point out the inadequacy of facilities to contain the spread of Covid 19, contention of the respondents is that they have taken all measures to contain

the same. It is seen that there has been a complete lock down in the islands for a period of 9 months from March to 28.12.2020. The developmental

activities have come to a stand still affecting the economy. Several islanders have become jobless for the last 9 months; Covid-19 restrictions are

relaxed world wide, stage by stage for reviving to normalcy. It is seen that the Administration of UT of Lakshadweep also found it necessary to

resume the activities in the larger public interest. Ext P9 as well as the minutes of the meeting of 23.12.2020 and the additional statement filed in W.P.

(C) No.589/2021 would show the arrangments made by the respondents to contain the spread of Covid-19. Using of mask, sanitiser, maintaining

physical distancing, restrictions in social gathering, etc are some of such measures ordered to be observed by the islanders strictly. As the petitioners

have stated that masks were not being used in the islands and there were no restrictions in social gatherings, it would be incumbent on the Panchayat

as well as the public spirited citizens like petitioners along with other stakeholders to see that those guidelines are followed by one and all strictly and to

render assistance for the revival of the islands to normalcy.

13.

It is seen that Ext P9, the revised SOP has come into force on 28.12.2020. In view of the arrangements in place as stated by the respondents, I

find that Ext P9 does not warrant interference of this court under Article 226, as it is issued in implementation of the policy decision taken by the

Lakshadweep Administration, in order to protect the interest of all concerned, which is very well within its authority. However, though the respondents

has stated that all the facilities are available to take care of any situation, there shall be close monitoring for the same in tune with the decision taken

on 23.12.2020 and also to ensure the availability of sufficient medical specialists as well as strict adherence to the guidelines issued by it.

Writ petition is disposed of accordingly.