Read full order of H.C.P.No.542 of 2020 N.KIRUBAKARAN, J. and R.HEMALATHA, J. (Order of the Court was made by N.Kirubakaran, J) The learned counsel appearing on behalf of the petitioner as well as the respondent would submit that as per the earlier order passed by this Court on 13.03.2020, the company has been de-sealed and the possession has been handed over to the petitioner’s brother/detenu and the residence has also been de-sealed and handed over to the two wives of the detenu.

H.C.P.No.542 of 2020
N.KIRUBAKARAN, J.
and
R.HEMALATHA, J.
(Order of the Court was made by N.Kirubakaran, J)
The learned counsel appearing on behalf of the petitioner as well as the respondent would submit that as per the earlier order passed by this Court on 13.03.2020, the company has been de-sealed and the possession has been handed over to the petitioner’s brother/detenu and the residence has also been de-sealed and handed over to the two wives of the detenu.
2.The learned counsel appearing on behalf of the wives of the detenu would submit that they are living in a care home, as no groceries are available and they cannot have food in their house.
3.On the other hand, Mr.A.P.Suryaprakasam, the learned counsel appearing on behalf of the petitioner would deny that groceries are not available in the house, however, he would submit that only people who are living in the platforms, without any shelter are to be protected and they should be provided with food as they would be affected because of the steps taken by the Government, including observation of “Janata Curfew”. During the times of flood, the Government and the Corporation had effectively taken steps to house these people in Schools, Community Halls and Marriage Halls and such steps are required to be taken at this point of time to safeguard those people by providing food.
4.The learned counsel for the petitioner would further submit that a sum of Rs.20,000/- has been deposited in the account of one of the wives viz., Mrs.Kuppudevi, W/o.Mr.Kuppusamy. Since the said amount is not sufficient, this Court deems it appropriate to direct the detenu to deposit a sum of Rs.15,000/- (Rupees fifteen thousand only) each to the account of his two wives, every month, until further orders.
5.Mr.Raja Srinivas, learned counsel appearing on behalf of the Corporation would submit that there are 51 night shelters available and those people who are living in platforms and other open to sky areas shall use those night shelters.
6.As rightly pointed out by Mr.A.P.Suryaprakasam, in these days of crisis, the interest of daily coolies and poor workers should be taken care of by this Court, especially during “Janata Curfew”, as this Court is a constitutional Court. Therefore, this Court has to incidentally consider the plea raised by Mr.A.P.Suryaprakasam. Though it is submitted that the people can use the night shelters, the availability of those night shelters are not made known to the people. Therefore, the Government and the Corporation are directed to inform through Media about the availability of night shelters to the people who are suffering without any shelters. It is also the duty of the Government and the Corporation to provide food for above mentioned poor people during “Janata Curfew” during which time hotels and shops would not be opened. If necessary, the Government and the Corporation shall utilise the Community Halls, Marriage Halls and Schools for this purpose on 22.03.2020 (“Janata Curfew”).
7.As per the order passed by this Court on 09.03.2020, though the response has been filed by the Police authorities regarding the number of people who were given police protection, the sufficient details have not been given and it is not known as to whether the Review Committee has considered the cases in which security has been provided pursuant to the court orders. Irrespective of the Court orders, the authorities are directed to consider the threat perception as the protection cannot be continued indefinitely or permanently. The findings of the Review Committee shall be filed before this Court by way of a confidential report.
Call the matter after two weeks.
(NKKJ) (RHJ)
20.03.2020

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