Snehal Upadhyay-
The High Court of Kerala dismissed the PIL which was challenging the Lakshadweep draft rule which proposes developing a town on inhabited Lakshadweep islands.“Examination of legality completely premature “, says the Court.
The petition was filed by the secretary of the Kerala Pradesh Congress Committee, K.P. Noushad Ali.
The petitioner contended and widely opposed the draft regulation on the ground that the draft Bill will give anonymous powers to the administration and to all its bodies which can make them interfere directly with an islander’s right to possess and retain the property.
The petitioner also challenged the procedure that was to be followed for auctioning livestock on the islands and the decision to discontinue the service of the temporary staff engaged by the administration in certain sectors.
The Bench comprising Justice S.V.Bhatti and Justice Murali Purushothaman dismissed the PIL and said that the draft stipulation could not be challenged or brought up to the Court through PIL because of the legality of the draft regulation which was still under the active consideration of the administration which was completely premature.
The Court also noted that the PIL was impermissible on the ground that the petitioner lacked the ‘locus standi’ to question the legality of the decision.
The Court further said that, “Besides, the petitioner had not convinced the court about his standing vis-à-vis the affairs of Lakshadweep to entertain the PIL. The petitioner, in the name of the PIL, could not expand the consideration with inchoate knowledge about the inhabitants of the island.”
“This Court is of the view that examination of the legality of draft regulation which is in the active consideration of respondent, is completely premature”, it was observed in the order from the Court.
