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The residents of villages in Kerala and Karnataka moved a Public Interest Litigation (PIL) to seek the directions to open the Saradka border check-post in Dakshina Kannada district to allow free movement of people between the border villages.
The petition seeks directions to the Karnataka government to allow the entry and exit of the residents of particular villages in Karnataka to reach Kasargod District (Perla) in Kerala.
In recent days, The Karnataka High Court issued a notice in this PIL. Notice was issued by a division bench of Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna to the centre and the Karnataka and Kerala Governments.
The plea included that around 700 households in the Karnataka villages have dependency on Perla for their daily needs like rations, agricultural activities, electricity and medical facilities. Several other residents and the petitioners have to visit the district borders in Karnataka. Moreover, many children from the villages are studying in neighbouring taluk, which comes in Kerala.
Saradkam check post, The access point to Kerala has been blocked by the Karnataka Government, stated the plea.
The distance between Perla town, and Saya and Chavarkadu is around 15 kilometres. Villagers must travel through the Kalladka-Charkala State Highway to reach the Perla town. On this way, they have to cross a road belonging to Karnataka near the Saradka police check-post, from where the distance to Adyanadka Marakkini is just 1 km.
The global pandemic and the resultant lockdown had shut all the ways of movement of people and goods. But recently the 'unlocking' in the country has lead to moments again. The opening up of inter state borders has given a rebirth to trade and transport industry.
Being aware of these happenings across the country the plea also submitted that the Karnataka government had allowed inter-state transportation after the nationwide COVID-19 lockdown came to an end. Presently, the movement of people is permitted for travelling from Mangalore to Kasargod, But the Saradkam check post in Karnataka is still not open, declared the petitioner.
The PIL further goes to the extent of stating that this action by the Karnataka Government is violative of Articles 19 and 21 of the Constitution of India.
Where, Article 19 talks about
(1) All citizens shall have the right—
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(g) to practise any profession, or to carry on any occupation, trade or business.
And Article 21 states-
Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law.
Besides it also stated,
"By imposing unscientific road block even their access to their own state is restricted.....The action of the Respondent No.2 (Government of Karnataka) state is illegal and not sustainable."
Further hearing is scheduled on July 29, 2020.
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