K. Jayachandran v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/235/2022 Shri K. Jayachandran ... Petitioner Vs.

The Andaman & Nicobar Administration and Ors. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Mr. V.D. Sivabalan ...for the Respondents October 16, 2023 (M.A.Mobin) Item No.5 The instant Writ Petition was filed against an order dated 17th June, 2022 passed by the Director, Department of Civil Aviation.

The writ petitioner was before the Hon'ble Division Bench in WPA(P)/1/2022 for necessary direction so that a specific provision may be made for the learned Advocates who travelled from Port Blair to represent their clients to the Court at Car Nicobar and Campbell Bay in the Nicobar District and Mayabunder in the North Andaman District. The Hon'ble Division Bench has specifically directed the Administration to make a reasoned decision on the above subject. The decision which was taken by the Director, Department of Civil Aviation is placed before this Court. On plain perusal of the grounds for denying in any particular category of passenger for a given priority to helicopter

tickets is appears to me in not conformity with the direction of the Hon'ble Division Bench.

I make it clear that Hon'ble Division Bench has specifically directed the Administration to take a reasoned decision in respect of the learned Advocates for their travel from Port Blair in the first week of every month except the month of May. No such decision has been taken by the Administration.

I further make it clear that the Administration has to make provision for the learned Advocates who has to travel to the Car Nicobar, Campbell Bay and Mayabunder for the interest of their clients.

The representation of the learned Advocate before the Court of law is a duty for the public at large, so it cannot be denied by passing a casual order. The order of the Hon'ble Division Bench has not been challenged by the Administration before any upper forum.

Thus the Administration has to take a prompt decision in conformity with the order of the Hon'ble Division Bench for making provisions for transporting of the learned Advocates in every first week of a month except the month of May. Accordingly, the instant Writ Petition is disposed of. The authority is directed to take a prompt decision as directed above in respect of the learned Advocates. The representative of the petitioner must have to be heard before arrived at a decision and the entire exercise shall be completed within December, 2023. The authority

shall communicate the reasoned order within 15 days after taking such decision to the petitioner.

Consequently, the impugned order passed by the authority concerned dated 17th June, 2022 is set aside. WPA 235 of 2022 is disposed of.

(Subhendu Samanta, J.)