THE HONOURABLE MR. JUSTICE R. SUBBIAH and THE HONOURABLE MR. JUSTICE R. PONGIAPPAN 10 condition

[4/16, 19:13] Sekarreporter 1: wp 7458 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.04.2020
CORAM :
THE HONOURABLE MR. JUSTICE R. SUBBIAH
and
THE HONOURABLE MR. JUSTICE R. PONGIAPPAN

WP No. 7458 of 2020

Dravida Munnetra Kazhagam
rep. by its Organising Secretary
R.S. Bharathi
“Anna Arivalayam”
No.367 & 369, Anna Salai
Chennai – 600 018 .. Petitioner
Versus

  1. The State of Tamil Nadu
    rep. by its Chief Secretary to Government
    Secretariat, Fort St. George
    Chennai – 600 009
  2. The Secretary to Government
    Health and Family Welfare Department
    Government of Tamil Nadu
    Secretariat, Fort St. George
    Chennai – 600 009
  3. The Secretary to Government
    Revenue and Disaster Management Department
    Government of Tamil Nadu
    Secretariat, Fort St. George
    Chennai – 600 009
  4. The Director General of Police, Tamil Nadu
    office of the Director General of Police
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    Dr. Radhakrishnan Salai, Mylapore
    Chennai – 600 004
  5. The Director, Information and Public Relations Department
    Secretariat, Fort St. George
    Chennai – 600 009 .. Respondents
    Writ Petition filed under Article 226 of The Constitution of India
    praying to issue a Writ of Certiorarified Mandamus calling for the records of
    the fifth respondent pertaining to Press Release No.265 dated 12.04.2020 and
    quash the same, and consequently forbear the respondents from in any way
    interfering with the public welfare measures of the Petitioner including
    distribution of cooked food, food items, food grains, groceries, vegetables,
    medical kits and so on and so forth to the needy within the State of Tamil
    Nadu during the lockdown period due to COVID-19.
    For Petitioner : Mr. P. Wilson, Senior Advocate
    for M/s. P. Wilson Associates
    For Respondents : Mr. Vijay Narayan, Advocate General
    assisted by Mr. S.R. Rajagopal
    Additional Advocate General,
    Mr. V. Jayaprakash Narayanan, Government Pleader,
    Mr. E. Balamurugan, Special Government Pleader
    ORDER
    The petitioner has filed this writ petition questioning the legality and/or
    validity of the Press Release No.265 dated 12.04.2020 issued by the first
    respondent and quash the same, and consequently forbear the respondents
    from in any way interfering with the public welfare measures carried out by
    the Petitioner, including distribution of cooked food, food items, food grains,
    groceries, vegetables, medical kits and so on and so forth to the needy within
    the State of Tamil Nadu during the lock down period due to COVID-19.
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    (iv) It is further made clear that the distribution of the food has to be
    completed within a time to be specified. However, in case, if the distribution
    of food could not be completed within the time, the District authorities can
    consider extending the time on their discretion by one or two hours.
    (v) The place where the food is likely to be served has to be sanitised
    by the authorities concerned prior to effecting distribution so that it will be fit
    for such distribution of food
    (vi) The State can deploy police officials to regulate the recipient of
    food
    (vii) The State shall permit three organisers, excluding the driver, who
    organise the distribution of food, along with an elected representative, to be
    present at the venue
    (viii) More than three persons shall not travel in one vehicle to carry the
    food items to the place of distribution and they shall strictly adhere to the
    preventive measures announced by the Government in exercise of powers
    under Section 144 of the Code of Criminal Procedure.
    (ix) The petitioner organisation or other similar organisation, non-
    governmental organisations, individuals or group of individuals shall strictly
    ensure that social distancing norm is followed during distribution of food and
    there is no deviation, whatsoever
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    (x) It is well open to the District authorities to impose such other
    condition (s) that may be reasonable to ensure that the distribution of food is
    effected without deviation of any of the norms.
  6. Subject to the above observation, the writ petition is disposed of.
    No costs. Consequently, connected miscellaneous petitions are closed.
    (R.P.S.J.,) (R.P.A.J.,)
    16.04.2020
    rsh
    To
  7. The State of Tamil Nadu
    rep. by its Chief Secretary to Government
    Secretariat, Fort St. George
    Chennai – 600 009
  8. The Secretary to Government
    Health and Family Welfare Department
    Government of Tamil Nadu
    Secretariat, Fort St. George
    Chennai – 600 009
  9. The Secretary to Government
    Revenue and Disaster Management Department
    Government of Tamil Nadu
    Secretariat, Fort St. George
    Chennai – 600 009
    12/14

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