Lakshadweep Entry Permit Can't Be Rejected Without Hearing Applicant : Kerala High Court Directs ADM To Take Fresh Decision On MP's Application
The Kerala High Court recently directed the Additional District Magistrate Collector S Asker Ali to take a fresh decision in the matter of granting entry permits to Lakshadweep to the petitioner-MPs within one month. Justice P.B Suresh Kumar also noted that an application for an entry permit cannot be rejected without giving the applicants a reasonable opportunity to present their case....
The Kerala High Court recently directed the Additional District Magistrate Collector S Asker Ali to take a fresh decision in the matter of granting entry permits to Lakshadweep to the petitioner-MPs within one month.
Justice P.B Suresh Kumar also noted that an application for an entry permit cannot be rejected without giving the applicants a reasonable opportunity to present their case.
The petitioners TN Prathapan and Hibi Eden, two Members of Parliament from Kerala had previously preferred applications seeking entry permits to the Lakshadweep islands under Rule 5 of the Laccadive Minicoy & Amindivi Islands (Restrictions on Entry and Residence) Rules, 1967. Several MPs of the State had approached the Administration seeking an entry permit to the islands 'to have a fact check on the impact of administrative actions and reforms under the present Administrator on the people of Lakshadweep'.
However, the Additional District Magistrate of the Union Territory rejected the applications through an order, and this order was challenged before the Court primarily on the ground that it was issued without notice to the petitioners.
They also alleged that it was passed without granting to the petitioners an opportunity to represent their case, and this was not refuted by the Counsel representing the respondents.
The Court noted that as per Rue 7, an application preferred under Rule 5 of the Rules cannot be rejected without giving to the applicant a reasonable opportunity to represent his/her case. Accordingly, the petition was disposed of with a direction to treat the order issued by the Magistrate as a notice.
The Additional District Magistrate was also directed to take a fresh decision after affording the petitioners an opportunity to represent the case within one month.
Senior Advocate S Sreekumar appeared on behalf of the petitioners while ASG P Vijayakumar and Central Government Counsel S Manu represented the respondents in the matter.
Case Title: TN Prathapan & Anr v. Union of India & Ors.