[Vizhinjam Protests] No obstruction to enter/exit Adani Ports construction site: State to Kerala High Court

The Kerala government on Friday informed the Kerala High Court that there is no obstruction to the free 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 in 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.Single-judge Justice Anu Sivaraman recorded the submission and reiterated the Court's previous order in the interim order issued today."It is submitted that the vehicles of the petitioner will be permitted free access to and from the project site. This submission is recorded. Appropriate steps shall be taken by the respondents to see that the ingress and egress is provided to the project project site by taking all necessary appropriate measures," the order stated..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 are 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 to initiate appropriate contempt proceedings as per the Contempt of Courts Act, 1971..Adani Ports and Howe Engineering are represented by Senior Advocates S Sreekumar and G Sreekumar respectively, as well as by advocates Roshen D Alexander, Tina Alex Thomas and Harimohan.Vizhinjam Seaport is represented by Senior Advocate VJ Mathew and advocates Vipin P Varghese, Adarsh Mathew, Kevin Mathew George, Merlin Mathew and Meera Elsa Jose..The matter will be taken up next on October 7.