W.P.(C.) Nos. 3406 & 5724 of 2022, High Court of Kerala at Ernakulam

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2022-03-18
Court Decision / Holding: The two writ petitions are disposed of by common judgment. The Court notes that the RT-PCR restrictions at airports have been lifted and that the petitions are infructuous. It records the ASGI’s submission and, to the extent of any remaining grievances, leaves open the possibility of pursuing compensation if legally actionable. The petitions are closed, with contentions not pursued further and liberty for the petitioners to claim compensation if warranted by law.
Final Disposition: Disposed of as infructuous; petitions closed; compensation, if any, left open

Parties to the Case

Appellants / Petitioners

MUZAMMIL VARIKKOTTIL
MUHAMMED ARSHAD P.K
MUHAMMED SHAKEEL K.A.

Respondents

MINISTRY OF CIVIL AVIATION GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA
DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT OF KERALA
INDIAN COUNCIL OF MEDICAL RESEARCH
AIRPORT AUTHORITY OF INDIA
AIRPORT DIRECTOR CALICUT INTERNATIONAL AIRPORT

Legal Representation & Advocates

Counsels for Petitioners

• Manas P Hameed
• Mohamed Rafeeq Kayalmadathil

Counsels for Respondents

• Manu S., ASG of India
• K.S. Prenjith Kumar
• R. Meenakshi
• BEA Mary Benny
• Girish Kumar V
• S Sujin, SC for Airport Authority of India

Case Synopsis & Summary

These connected writ petitions challenge government-imposed travel restrictions during the Covid-19 era. The petitioners seek to travel abroad with a valid Covid-19 RT-PCR negative certificate and have urged the Court to mandamus the respondents to permit travel if the certificate is valid and the test conducted within 48 hours of travel. They also seek compensation for hardships caused by travel restrictions, guidelines for Covid diagnostic testing at airports, and action on their representations (Exhibits P7, P9, etc.). The respondents primarily include central and state health authorities, the ICMR, and airport authorities. During adjudication, the Additional Solicitor General contended that the RT-PCR restrictions at airports were already lifted due to changes in UAE requirements, rendering the petitioners’ prayers infructuous. The petitioners argued their fundamental right to travel and their livelihood were infringed, and they pressed for directions to restore travel rights and for redress in the form of compensation. Ultimately, the Court disposed of both writ petitions by common judgment, noting that the restrictions have been lifted and that the petitions are infructuous; it left open any compensation claim if a grievance persists, and closed the petitions with the ASGI’s submission of fact stated being recorded.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argue that restraining travel abroad despite possessing RT-PCR Covid-19 negative certificates violates their fundamental right to travel and to livelihood. They seek a mandamus to permit travel if the certificate is valid and the test occurred within a tight timeframe (48 hours). They pray for compensation for hardship caused by travel prohibitions and request guidelines for Covid-19 testing at airports, along with action on their representations (Exhibits P7, P9). They maintain the right to mobility and seek judicial protection and redress, urging clarity in airport testing protocols.

Contentions of Respondents

The respondents contend that the travel restrictions were temporary public health measures and, following changes in UAE requirements, the RT-PCR restrictions have been lifted, rendering the petitions infructuous. They argue no ongoing breach exists and urge the court to dispose of the petitions, while leaving open any permissible remedies for compensation if legally cognizable. They emphasize the evolving situation and the sufficiency of current guidelines and testing regimes, suggesting the matter no longer requires substantive relief.

Extracted Judgment Text

Exact text extracted from official judgment records.

**WP(C) Nos. 3406 & 5724 OF 2022** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 18[TH] DAY OF MARCH 2022 / 27TH PHALGUNA, 1943** ## **WP(C) NO. 5724 OF 2022** ## **PETITIONER/S:** 1 MUHAMMED ARSHAD P.K AGED 33 YEARS PADATHUM KUZHIYIL HOUSE, UNNIKULAM P.O, KANTHAPURAM, KOZHIKODE DISTRICT, PIN - 673574 2 MUHAMMED SHAKEEL K.AGED 26 YEARS CHERUSHOLA P.O, KOTTAKKAL, PALATHARA, MALAPPURAM DISTRICT, PIN - 676510 BY ADVS. MANAS P HAMEED MOHAMED RAFEEQ KAYALMADATHIL ## **RESPONDENT/S:** 1 MINISTRY OF CIVIL AVIATION GOVERNMENT OF INDIA, RAJIV GANDHI BHAWAN, BLOCK B, SAFDARJUNG AIRPORT AREA, NEW DELHI REPRESENTED BY THE SECRETARY, PIN - 110003 2 MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA, NIRMAN BHAVAN, CENTRAL SECRETARIAT, NEW DELHI , REPRESENTED BY THE SECRETARY, PIN - 110001 3 DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM , REPRESENTED BY THE SECRETARY, PIN - 695001 4 INDIAN COUNCIL OF MEDICAL RESEARCH (ICMR) V. RAMALINGASWAMI BHAWAN, P.O. BOX NO. 4911 ANSARI NAGAR, NEW DELHI REPRESENTED BY THE DIRECTOR GENERAL, PIN - 110029 **WP(C) Nos. 3406 & 5724 OF 2022 2** 5 AIRPORT AUTHORITY OF INDIA RAJIV GANDHI BHAWAN, NEW DELHI REPRESENTED BY THE DIRECTOR, PIN - 110003 6 AIRPORT DIRECTOR AIRPORTS AUTHORITY OF INDIA, CALICUT INTERNATIONAL AIRPORT, CALICUT AIRPORT (PO), MALAPPURAM, PIN - 673647 BY ADVS. MANU S., ASG OF INDIA K.S.PRENJITH KUMAR R.MEENAKSHI (M-1290) BEA MARY BENNY Girish Kumar V THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022, ALONG WITH WP(C).3406/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) Nos. 3406 & 5724 OF 2022** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 18[TH] DAY OF MARCH 2022 / 27TH PHALGUNA, 1943** ## **WP(C) NO. 3406 OF 2022** ## **PETITIONER/S:** MUZAMMIL VARIKKOTTIL AGED 29 YEARS VARIKKOTTIL HOUSE, MOOSAHAJIPADI, CHERIYAMUNDAM P.O, MALAPPURAM, PIN - 676106 BY ADVS. MANAS P HAMEED MOHAMED RAFEEQ KAYALMADATHIL ## **RESPONDENT/S:** 1 MINISTRY OF CIVIL AVIATION GOVERNMENT OF INDIA, RAJIV GANDHI BHAWAN, BLOCK B, SAFDARJUNG AIRPORT AREA, NEW DELHI REPRESENTED BY THE SECRETARY, PIN - 110003 2 MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA, NIRMAN BHAVAN, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001 3 DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY, PIN - 695001 4 INDIAN COUNCIL OF MEDICAL RESEARCH V. RAMALINGASWAMI BHAWAN, P.O. BOX NO. 4911 ANSARI NAGAR, NEW DELHI REPRESENTED BY THE DIRECTOR GENERAL, PIN - 110029 5 AIRPORT AUTHORITY OF INDIA RAJIV GANDHI BHAWAN, NEW DELHI, REPRESENTED BY THE DIRECTOR, PIN - 110003 6 AIRPORT DIRECTOR CALICUT INTERNATIONAL AIRPORT, CALICUT AIRPORT (PO), MALAPPURAM, PIN – 673647 ADV.S.SUJIN, SC FOR AIRPORT AUTHORITY OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2022, ALONG WITH WP(C).5724/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) Nos. 3406 & 5724 OF 2022** **4** ## **P.V.KUNHIKRISHNAN, J** **----------------------------------------W.P.(C.) Nos. 3406 & 5724 of 2022 -----------------------------------------------Dated this the 18[th] day of March, 2022** ## **JUDGMENT** These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment. ## 3. The prayers in W.P.(C.) No. 3406/2022 are extracted hereunder : “i. Declare that the respondents act of restraining the petitioner from travelling abroad while carrying an Rt-PCR negative certificate is violative of petitioner's fundamental right to travel abroad. ii. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 6 to allow the petitioner to travel abroad if he holds a Covid-19 negative certificate after diagnosing any government approved test before 48 hours of his travel. iii. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 5 and6 to pay reasonable compensation to the petitioner for the hardships suffered by the petitioner. iv. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 3 to issue guidelines with regard to Covid-19 diagnostic tests being conducted at airports in the country. v. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 3 to consider Exhibit P9 representations and to take appropriate action on the same.” [SIC] **WP(C) Nos. 3406 & 5724 OF 2022 5** ## 2. The prayers in W.P.(C.) No. 5724/2022 are extracted ## hereunder : “i. Declare that the respondents' act of restraining the petitioners from travelling abroad while carrying a valid certificate showing as Covid-19 negative, is violative of petitioner's fundamental right to travel abroad and to carry on occupation. ii. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 6 to allow the petitioners to travel abroad if they hold a valid certificate showing as Covid negative. iii. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 5 and 6 to pay reasonable compensation to the petitioners for the hardships suffered by the petitioners. iv. Issue a writ of mandamus or order or direction or any other appropriate writ directing respondents 1 to 3 to issue guidelines with regard to Covid-19 diagnostic tests being conducted at airports in the country. v. Issue a writ of mandamus or order or direction or any other appropriate writ directing the 2[nd] respondent to consider Exhibit P7 representation and to take appropriate action on the same. vi. Such other relief that this Honourable Court may deem fit and proper in the facts and circumstances of the case.” [SIC] 4. When these two writ petitions came up for consideration, the learned ASGI submitted that the restrictions regarding the RT-PCR test from the Airport is now lifted. The ASGI also submitted that such a restriction was imposed because there was such an insistence from UAE authorities. Now, there is no restriction and that is already lifted. **WP(C) Nos. 3406 & 5724 OF 2022** **6** In such circumstances, the prayers in these writ petitions are infructuous. Then the learned counsel for the petitioners submitted that they were not able to go to Dubai because of these restrictions and they are praying for compensation. If the petitioners have got any such grievance or any such cause of action, those contentions are left open. Leaving open all those contentions, these writ petitions are closed, recording the submission of the ASGI. SD/- **P.V.KUNHIKRISHNAN JUDGE** SKS **WP(C) Nos. 3406 & 5724 OF 2022** **7** ## **APPENDIX OF WP(C) 3406/2022** PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE VISA OF THE PETITIONER Exhibit P2 A TRUE COPY OF THE AIR TICKET OF THE PETITIONER Exhibit P3 A TRUE COPY OF THE RT PCR TEST RESULT REPORT OF THE PETITIONER DATED 17.01.2022 Exhibit P4 A TRUE COPY OF THE RT PCR TEST RESULT REPORT OF THE PETITIONER DATED 25.01.2022 Exhibit P5 A TRUE COPY OF THE TEST RESULT REPORT DATED 27.01.2022 OF MICRO HEALTH LABORATORIES AT CALICUT INTERNATIONAL AIRPORT Exhibit P6 A COPY OF THE LIST OF APPROVED LABS IN KERALA, RECEIVED BY THE PETITIONER FROM THE WEBSITE OF INDIAN COUNCIL OF MEDICAL RESEARCH (ICMR). Exhibit P7 A COPY OF ORDER DATED 21.03.2020 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE ALONG WITH GUIDELINES LAID DOWN BY ICMR Exhibit P7(a) A COPY OF THE ADVISORY OF CARTRIDGE BASED NUCLEIC-ACID AMPLIFICATION TEST (CBNAAT) LAID DOWN BY ICMR Exhibit P8 A COPY OF HISTORY OF COVID-19 TEST RESULTS OF THE PETITIONER ON VARIOUS DATES RANGING FROM 06.09.2021 TO 25.01.2022, RECEIVED BY THE PETITIONER FROM THE ONLINE PORTAL OF ICMR Exhibit P9 A TRUE COPY OF REPRESENTATIONS DATED 28.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT **WP(C) Nos. 3406 & 5724 OF 2022** **8** Exhibit P9(a) TRUE COPY OF REPRESENTATIONS DATED 28.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P9(b) A TRUE COPY OF REPRESENTATIONS DATED 28.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT Exhibit P10 A COPY OF RECOMMENDATIONS OF WORLD HEALTH ORGANISATION (WHO) TO ITS MEMBER COUNTRIES ON THE SUBJECT OF TREATING INTERNATIONAL TRAVELLERS IN THE PANDEMIC SITUATION. **WP(C) Nos. 3406 & 5724 OF 2022** **9** ## **APPENDIX OF WP(C) 5724/2022** PETITIONER EXHIBITS Exhibit P1 A COPY OF ENTRY PERMIT FOR VISIT DATED 20.01.2022 ISSUED BY FEDERAL AUTHORITY FOR IDENTITY, U.A.E Exhibit P1(a) A COPY OF VISA OF THE 2ND PETITIONER Exhibit P2 A COPY OF THE AIR TICKET OF THE 1ST PETITIONER Exhibit P2(a) A COPY OF THE AIR TICKET OF THE 2ND PETITIONER Exhibit P3 A COPY OF THE RT-PCR TEST RESULT REPORT DATED 30.01.2022 OF THE 1ST PETITIONER Exhibit P3(a) A COPY OF THE RT-PCR TEST RESULT REPORT DATED 12.02.2022 OF THE 2ND PETITIONER Exhibit P4 A COPY OF THE TEST RESULT REPORT OF THE DATED 30.01.2022 OF THE 1ST PETITIONER Exhibit P4(a) A COPY OF THE TEST RESULT REPORT DATED 13.02.2022 OF THE 2ND PETITIONER Exhibit P5 A COPY OF COVID-19 TEST RESULT REPORT DATED 30.01.2022 OF 1ST PETITIONER Exhibit P5(a) A COPY OF COVID -19 TEST RESULT REPORT DATED 30.01.2022 OF 2ND PETITIONER Exhibit P6 A COPY OF THE LIST OF APPROVED LABS IN KERALA, RECEIVED BY THE PETITIONERS FROM THE WEBSITE OF ICMR Exhibit P7 A COPY OF REPRESENTATION DATED 14.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT