Dr. Mohammed Sadique K. P vs The Union Territory Of ...
2022 Latest Caselaw 6767 Ker

W.P.(C) No.16800 of 2022                     1


                     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:
 W.P.(C) No.16800 of 2022                     2




                                   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:

        Sl.No.    Name           Type of vessel        Passenger    Cargo
                                                       Capacity     Capacity
                                                                    (Tones)






                  Sea            All         weather

                  Lakshadweep
                  Sea







                                  passenger cum cargo
        8         HSC             Fair weather inter-              154           NA
                  Valiyapani      island pasenger high
        9         HSC             speed crafts                     154           NA
                  Cheriyapani     (HSC) which can be
        10        HSC Parali      operated only in fair            154           NA
        11        HSC      Blue   weather officially                54           NA
                  Marlin          from 15th Sept to
        12        HSC     Black   15th May every year              54            NA
                  Marlin
        13        HSC      Skip                                    54            NA
                  Jack
        14        HSC Viringili                                    17            NA
        15        HSC                                              20            NA
                  Bangaram

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 now is under repairs at Kochi. Now

M/s. SCI has taken up repairs and the vessel will join the fleet for service once ready. The tentative date of joining the fleet as per current update is end of June, 2022. The Administration is continuously following up the matter.

6. It is submitted that the vessel M.V. Lagoons is undergoing repairs at Cochin Shipyard Ltd. in dry dock for rudder repair and intermediate docking survey. The vessel is expected to join fleet for operations by the second week of June 2022. It is submitted that the ship M.V.Lakshadweep Sea is undergoing repair and surveys. All the surveys towards passenger ship Certificate - A was expected to complete by 1st week of May 2022. However, the vessel was due for Light Ship Survey. After the light ship survey, it was observed that Light Ship weight of the vessel was above the statutory limits. Hence the vessel had to undergo an inclination experiment. After an inclination experiment, a new stability booklet, prepared with new stability conditions and the same has been submitted to Indian Register of Shipping, Mumbai for approval. Now IRS has vetted the proposal and informed that in- principle approval from DGS is to be obtained for modifications proposed and also informed that the following plans need to be revised.

a. General Arrangement Plan

b. Tank Capacity Plan

c. Bilge arrangement plan

d. Fuel pipe arrangement plan

7. The same has been discussed with DGS Surveyor and requisite modification and preparation of drawings are in progress. All certification will be done after getting the approval of new stability booklet and revised drawings, which is expected to be completed shortly and the vessel will join the fleet for service once it is ready.

8. It is submitted that Passenger High Speed Crafts such as HSC Parali, HSC

Cheriyapani & HSC Valiyapani, HSC Skip Jack, HSC Black Marlin & HSC Blue Marline are in good condition and operational but cannot operate in monsoon as per certificates and size of the vessel. Fair weather ships ply only till 15th May as per statutory limits on their operations because of monsoon conditions. Apart from this, the high speed crafts have many other limitations related to wave height and weather restrictions. Since 1 st May due to bad weather, the HSCs couldn't ply except for 2 days till 21 st when they were taken back to mainland as per requirements.

9. It is submitted that the vessels M.V. Aminidivi, M.V. Minicoy, HSC Viringili & HCS Bangaram are also fair-weather passenger cum cargo ships operated between mainland-islands and Inter-islands. Though these ships are 20 years old, they are operational as of now but could be operated in monsoon season.

10. It is submitted that the fleet of ships owned and operated by Lakshadweep Administration is the prime mode of transport for men and materials between mainland-islands and inter-islands as well. Hence, the Administration always has the priority in providing adequate transportation facilities for seamless connectivity and is putting all efforts to improve the management and efficiency of shipping services. Further to improve the turnaround time and facilities for enhancing the efficiency of current shipping fleet, operations, management, development and maintenance of marine facilities have been handed over to Cochin Port Authority as per approval of Ministry of Port, shipping and Waterways.

11. It is submitted that due to continuous bad weather from May first week, the HSCs could not operate for most part of May and had to be sent back for lay-up as per limitations of operations till 15 th May. It is to be noted that even though the Administration owns 5 all-weather passenger ships, it is never operated together during monsoon period, as at least one of the ships would be in dry-dock repairs/surveys. The untimely withdrawal of ship MV Kavaratti, due to fire accident, and non-availability for operation during monsoon had made situation a bit difficult. However, the Administration and SCI is working on war footing basis to complete the repairs and put back the ship MV

Kavaratti back to service.

12. Apart from shipping services, the Administration is also incurring huge amount to provide air connectivity by flight so as to take care of passengers movements. The Administration also operates 3 dauphin helicopters. These helicopters are primarily operated for medical evacuation, which also cater to movement of passenger in inter-sector, subject to availability."

5. Therefore, it is submitted that as a part of improvement in management in

shipping services, Shipping Corporation of India, having expertise in ship

management has been entrusted with the operation and management of ships and

vessels of Lakshadweep Administration, as per an agreement signed on 2.2.2022.

It is further submitted that the Administration is making all efforts to streamline the

present situation in shipping services and there is no merit in the allegations raised

in the writ petition. Anyhow, it is stated that the connectivity will improve with

resuming service of the ships, "MV Lagoons (400 capacity)", expected by 2 nd week

of June, 2022 and "MV Kavaratty (700 capacity)" by the end of June, 2022. That

apart it is submitted that bad weather also delayed the operation of the two ships

as well and that the Administration is taking steps to ensure uninterrupted

connections with mainland and inter-islands. It is also submitted that the

Administration is also arranging helicopters for those, who are returning from

mainland by flight between Agatti and Kavaratti islands.

6. The sum and substance of the contention is that the Administration is

utilising every resource at its disposal for improving the transportation facilities

among the islands and from the islands. In fact a schedule of ships operated from

4/6/2022 to 17/7/2022 is also produced before us in order to establish that

whatever available resources are utilised to transport the residents of Lakshadweep

Islands. The Lakshadweep Development Corporation - the 5 th respondent has also

filed a separate counter affidavit basically reiterating the stand adopted by the

Administration, also showing the facts and figures in respect of operation of the

ships from 3.5.2022 to 4.6.2022.

7. We have heard learned counsel for petitioner Sri.Ajit G. Anjarlekar,

Sri.V.Sajithkumar for Lakshadweep Administration and its officials & Sri.S.Manu,

learned Assistant Solicitor General for the Lakshadweep Development Corporation

and perused the pleadings and materials on record.

8. In fact the contentions raised by the petitioner that sufficient number of

services are not provided by the Administration is virtually admitted by the

Lakshadweep Administration but at the same time it is submitted that there is no

wilful negligence on the part of the Administration in providing sufficient number of

ships. It is submitted that the two large ships viz., 'MV - Lagoons and MV Kavaratti'

are under repair and once they are deployed during the 2 nd week of June, 2022 and

the end of June 2022 respectively, the present problems faced by the passengers

could be rectified in an effective manner.

9. Anyhow in the meanwhile, the schedule of voyage of the ships - MV

Corals and MV Arabian Sea from 11.6.2022 to 17.7.2022 is produced before us and

for the sake of brevity and convenience, we extract the same hereunder:

10. When the matter came up before the Bench on an earlier occasion, we

were informed by the learned Standing Counsel for the Lakshadweep

Administration that by 13th June, 2022, the major grievances pointed out by the

writ petitioner would be resolved and it was accordingly that we have posted the

matter before us today. Learned Standing Counsel submitted that up to 13/6/2022,

the passengers, who have been issued with tickets are transported and the ships

will be operated in accordance with the schedule extracted above.

11. We are also of the considered opinion that the present impasse has

occurred due to the two larger ships that were sailing from Lakshadweep to

mainland and back, are under repair. It is submitted by the Administration in the

statement that they would be operational from the second week of June and the

end of June, 2022 and if the larger ships are operated, there would not be any

difficulty to transport passengers in accordance with their requirements.

12. Having considered the factual situations deliberated above, and taking

into account the efforts made by the Lakshadweep Administration to transport

passengers, we are of the considered opinion that the writ petition can be disposed

of recording the above aspects. In that view of the matter, the writ petition is

disposed of recording that every efforts are made by the Lakshadweep

Administration to transport the passengers from various destinations to the islands

and back, and there is no wilful negligence on the part of the Administration in

providing sufficient facilities for transportation of the passengers thus requiring

interference, exercising the power of discretion conferred under article 226 of the

the Constitution of India. However, we make it clear that every effort shall be made

to deploy the two larger ships and another ship under repair mentioned above, at

the earliest possible time to ventilate the grievances of the passengers, highlighted

in the writ petition.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

                                                   SHAJI P.CHALY

 smv                                                    JUDGE



                           APPENDIX OF WP(C) 16800/2022

PETITIONER EXHIBITS
Exhibit P1                 A TRUE COPY OF THE TABLE SHOWING THE

SHIPS/FERRIES/VESSELS PLYING BETWEEN THE MAINLAND AND ISLANDS OF LAKSHADWEEP, AS ON 2014.

Exhibit P2 A TRUE COPY OF THE TABLE SHOWING THE TOTAL NUMBER OF PASSENGERS TRAVELED IN ALL SHIPS/VESSELS FROM 1/4/2011 TO 3/3/2014.

Exhibit P3 TRUE COPY OF THE STANDARD VOYAGE SCHEDULE OF PASSENGER SHIPS FROM 01/10/2014 TO 31/05/2015, ISSUED BY THE DIRECTOR, PORT, SHIPPING AND AVIATION.

Exhibit P4 A TRUE COPY OF THE SHIP SCHEDULE DATED 06/10/2020, BY THE ASSISTANT DIRECTOR, PORT, SHIPPING AND AVIATION. Exhibit P5 A TRUE COPY OF THE ORDER DATED 27/05/2020 ISSUED BY THE DIRECTOR, PORT, SHIPPING AND AVIATION.

Exhibit P6 A TRUE COPY OF THE SCHEDULE DATED 07/05/2022 ISSUED BY THE ASSISTANT DIRECTOR, PORT, SHIPPING AND AVIATION. Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED 18/05/2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 COLOUR PHOTOGRAPH OF PASSENGER OVERCROWDING AT KOCHI. Exhibit P9 COLOUR PHOTOGRAPH OF PASSENGER OVERCROWDING AT AMINI. Exhibit P10 COLOUR PHOTOGRAPH OF PASSENGER OVERCROWDING AT AMINI. Exhibit P11 A TRUE COPY OF THE RELEVANT PART OF THE ORDER DATED 14/01/2011 BY THIS HONOURABLE COURT IN WPC NO.

1340/2011.

Exhibit P12 A TRUE COPY OF THE MESSAGE DATED 10/01/2011 ISSUED TO THE DIRECTOR, PORT, SHIPPING AND AVIATION, BY THE DEPUTY DIRECTOR, SUPPLY AND TRANSPORT, KOCHI.

Exhibit P13 A TRUE COPY OF THE MESSAGE DATED 28/10/2009 ISSUED BY THE DIRECTOR, PORT, SHIPPING AND AVIATION.

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 18/01/2011 OF THIS HONOURABLE COURT IN WPC NO: 1340 OF 2011.

RESPONDENT ANNEXURES Annexure R5(a) True Copy of the vessel schedule prepared and published by the Department Port, Shipping and Aviation