[Vizhinjam Protests] "Protestors refusing to remove Pandal obstructing access to Adani Ports site:" State to Kerala High Court

The Kerala government on Friday told the Kerala High Court that pandals erected by protestors are obstructing the ingress and egress to the construction site of the Adani Group’s Vizhinjam International Transhipment Deepwater Multipurpose Seaport in Thiruvananthapuram [M/s Adani Vizhinjam Port Pvt. Ltd. & Ors. v Dr. VP Joy & Ors.]..The State Attorney made the submission when the Court was considering a contempt of court plea moved by Adani Vizhinjam Ports Pvt. Ltd alleging that the State government had not complied with the Court's previous order directing it to provide adequate police protection in the area around the construction site.During the previous hearing, single-judge Justice Anu Sivaraman had recorded the submission of the State that there were no obstructions to the free ingress and egress to the project site.However, today, the State Attorney submitted that some protestors had erected a pandal, thereby, obstructing vehicles from freely entering and exiting the site.He also handed over a reply letter issued by some of the respondent-protestors, in reply to the demand of the State to remove the pandal, in which they refused to do as requested, stating that the Court's previous order had no specific directions to not erect pandals. Therefore, the Court issued further directions to ensure the removal of the pandals erected by the respondent-protestors that are obstructing ingress and egress to the project area. The matter will be taken up next on October 12..Adani Port was selected as the concessionaire for the Vizhinjam Seaport Project and began construction of the port on December 5, 2015.In August, Adani Ports and its contracting partner Howe Engineering Projects, approached the High Court seeking police protection in light of the ongoing protests against the construction.The project has been opposed by the fisherfolk community which, allegedly under the leadership of the Catholic Archdiocese of Trivandrum, are demanding, among other things, proper environmental impact studies, rehabilitation of families who lost their homes to coastal erosion and rectifying coastal damages.On September 1, the Kerala High Court had directed the State government and police to ensure that necessary police protection is granted to the petitioners to carry out the activities permitted in accordance with the contracts entered into by them.The Court had made it clear that while the protest can continue peacefully and lawfully, it cannot extend to obstructing ingress and egress of the petitioners, its subcontractors, employees or officials to and from the project site, or obstruct the activities of the project without any authority of law.It had ordered that in case the State government and police are unable to see that law and order is maintained in the locality, necessary steps shall be taken to seek appropriate assistance from the Central government.In the contempt plea, the petitioners contended despite submitting many representations to the authorities and despite the order of the Court, the protestors were continuing to block the entrance to the site, organising dharnas and hunger strikes and even barging into the sites and damaging property.It was argued that the project has been at a standstill for over a month and that the respondent authorities are wilfully defying the Court's order by not providing adequate police protection. Therefore, the plea sought initiation of contempt of court proceedings as per the Contempt of Courts Act, 1971.Adani Ports and Howe Engineering were represented by Senior Advocates S Sreekumar and G Sreekumar respectively along with advocates Roshen D Alexander, Tina Alex Thomas and Harimohan.Vizhinjam Seaport was represented by Senior Advocate VJ Mathew and advocates Vipin P Varghese, Adarsh Mathew, Kevin Mathew George, Merlin Mathew and Meera Elsa Jose..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.