KOCHI: The Kerala High Court on Thursday dismissed a Public Interest Litigation challenging the Lakshadweep administration's reform measures including the move to introduce Lakshadweep Development Authority Regulation 2021 (LDAR) which proposes to develop towns on inhabited Lakshadweep islands and the Prevention of Anti-Social Activities Act (PASA). The court ruled that only a draft of the administrative reform proposal was currently in place.
A Division Bench comprising Justice SV Bhatti and Justice Murali Purushothaman issued the order on the petition filed by K P Noushad Ali, secretary of Kerala Pradesh Congress Committee challenging the decisions of the Lakshadweep administration.
The petitioner contended that the draft bill gave sweeping powers to the administration and all its bodies to directly interfere with an islander’s right to possess and retain their property.
The Bench observed that examination of the legality of the draft regulation which was under the active consideration of the administration was completely premature. The draft stipulation could not be challenged through Public Interest Litigation.
The court also noted that it was well settled that championing the cause concerning service matters by way of a Public Interest Litigation was impermissible and also unavailable on the ground that the petitioner lacked the locus standi to question the legality of the decision. The petitioner in the name of Public Interest Litigation could not expand the consideration with inchoate knowledge about the inhabitants of the island, the court added.