Kerala HC dismisses petition against Karnataka govt curb

KC Gopakumar Kochi | Updated on September 28, 2021

Bench dismisses plea for want of territorial jurisdiction of the High Court

A Division Bench of the Kerala High Court, on Tuesday, dismissed a public interest writ petition seeking a directive to the Karnataka government to allow passengers from Kerala who have had Covid vaccination certificates for at least one dose to enter the State and remove the requirement to carry a negative RT-PCR certificate taken 72 hours before their travel.

The Bench, comprising Chief Justice S Manikumar and Justice Shaji P Chali, dismissed the plea by AKM Ashraf, Manjeshwaram MLA, and another person, for want of territorial jurisdiction of the High Court.

The court observed that no part of the cause of action as regards the circulars issued by Karnataka/ its officials would arise in Kerala.

First lockdown

The Bench added that a Division Bench had passed an interim order during the first lockdown when blockades were created by Karnataka by prohibiting entry of passengers from Kerala through the National/State Highways and other roads.

Such a situation does not prevail now, justifying the court to issue any such direction.

The restrictions were made within Karnataka to manage the travelling public entering the State, which could only be viewed as a methodology adopted by the State to curb the spread of Covid infection.

Published on September 28, 2021

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