Madras High Court
Vaiko vs The Chief Secretary on 17 April, 2020
Author: R. Subbiah
Bench: R. Subbiah, R. Pongiappan
wp 7460 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2020
CORAM :
THE HONOURABLE MR. JUSTICE R. SUBBIAH
and
THE HONOURABLE MR. JUSTICE R. PONGIAPPAN
WP No. 7460 of 2020
--
Vaiko
General Secretary
Marumalarchi Dravida Munnetra Kazhagam
Thayagam, Rukmani Lakshmipathy Salai
Egmore, Chennai .. Petitioner
Versus
1. The Chief Secretary
State of Tamil Nadu
Fort St. George
Chennai – 600 009
2. The Secretary
Revenue and Disaster Management Department
State of Tamil Nadu
Fort St. George, Chennai - 600 009 … Respondents
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Mandamus directing the respondents to regularise
and allow the political parties, NGOs, individuals and other organisations to
supply food, essential commodities to people as a service by complying with
the strict social distancing and safety measures issued by the State
Government.
For Petitioner : Mr. Vaiko
Petitioner-in-person
http://www.judis.nic.in
1/7
wp 7460 of 2020
For Respondents : Mr. Mr. S.R. Rajagopal
Additional Advocate General,
assisted by Mr. V. Jayaprakash Narayanan
Government Pleader and
Mr. K.S. Suresh, Government Advocate
ORDER
Heard the Petitioner-in-person and the learned Additional Advocate General for the State.
2. The prayer sought for in this writ petition is covered by the order dated 16.04.2020 passed by us in WP No. 7458 of 2020. The order dated 16.04.2020 reads as follows:-
"6. We have heard the learned Senior counsel for the petitioner and the learned Advocate General appearing for the respondents.
7. The State is witnessing an unprecedented situation due to spread of a malevolent disease called COVID- 19 - Corona Virus. In order to curb the spread of such disease, the State Government, as directed by the Central Government, has imposed a lock down by invoking Section 2 of the Epidemic Disease Act, 1897. Due to such lock down, it is no doubt true that number of citizens could not eke out their livelihood by stepping out of their home. Several thousands were rendered jobless, particularly the daily wage earners, contract labourers, migrant workers etc., are the worst affected. The citizens who are living below the poverty line find it difficult to get a square meal a day. In this grim situation, public spirited persons have taken up the task of feeding the poor by engaging them in charitable activities. It is no doubt true that the Government cannot feed the entire http://www.judis.nic.in masses during this extreme situation and the support of the 2/7 wp 7460 of 2020 Volunteers, Non-governmental Organisation, individuals is inevitable. However, the Government apprehends that such poor feeding or distribution of food packets should not defeat the very object of the lock down imposed by the Government as a measure of combating the dreaded virus. It is in this direction that a press release dated 12.04.2020 was issued by the fifth respondent by which certain regulatory measures were issued. As per the press statement, the political parties or charitable organisations should not distribute food, groceries, vegetables or other such items to the public directly and it has to be handed over to the Corporation Commissioner or President or Executive Officers or Block Development Officer of the Town Panchayats. Such a condition, according to the petitioner, is unreasonable, arbitrary and illegal.
8. It is the contention of the learned Senior counsel for the petitioner that the petitioner party is ready and willing to intimate the local police or authorities about the distribution of the food, grocery or vegetables in advance, however, the requirement to obtain prior permission from the authorities concerned is not necessary. This is countered by the learned Advocate General appearing for the State by contending that the State has a vicarious responsibility to prevent the spread of Virus. According to the learned Advocate General, the State is not preventing any individual or group of individuals from distributing food, vegetables or groceries, but it has to be regulated by requiring the individual or group of individuals from adhering to certain norms to ensure that there is no further spread of the Virus. It is also his contention that if there is no regulation and the distribution of food, vegetables and groceries goes unchecked or unregulated, certainly, the huge crowd that gathers for receipt of the freebies will be prone to spread of virus. Therefore, the learned Advocate General justifies the conditions imposed by the State with an intention to regulate the distribution of freebies and they are not meant to prevent it.
9. Having considered the above submissions, we are of the view that in the course of distribution of food or other items, the State is wholly justified in imposing certain http://www.judis.nic.in conditions. We also do not see any irrationality or 3/7 wp 7460 of 2020 arbitrariness in requiring the individual or group of individuals from seeking prior permission from the authorities concerned. At the same time, the requirement to handover the food items to the Commissioner or other instrumentalities of the Government is not well founded. Having regard to the magnitude of the situation, which the State is presently combating, it is very much essential that the organisers or the beneficiaries must strictly adhere to certain norms with a view to regulate the distribution of food and other items. Such a condition was issued only to ensure that there will not be any further spread of the malevolent disease. In the light of the above, we issue the following directions:-
(i) The petitioner organisation or other similar organisation, non-governmental organisations, individuals or group of individuals shall intimate the District authorities concerned, as already notified by the government, 48 hours in advance prior to distribution of food and other materials to the poor
(ii) As far as distribution of food is concerned, on receipt of such intimation, the Food Safety Officer concerned shall cause an inspection of the place where the food is likely to be distributed with respect to the health condition of the person (s) who is/are engaged in preparation of the food as well as the quality of the food to be served. After the Food Safety Officer is satisfied with the above norms, the petitioner party can proceed with the distribution of food
(iii) It is made clear that the preparation and distribution of food has to be effected within the zone, in respect of Corporation limits and within the police Station limits in rural areas. However, there shall not be any distribution of food within the areas earmarked as 'hot spots' by the Government.
(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 http://www.judis.nic.in has to be sanitised by the authorities concerned prior to 4/7 wp 7460 of 2020 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
(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.
10. Subject to the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
3. Following the order dated 16.04.2020, mentioned supra, this writ petition is also disposed of in the same terms. No costs.
(R.P.S.J.,) (R.P.A.J.,) 17-04-2020 rsh http://www.judis.nic.in 5/7 wp 7460 of 2020 To
1. The Chief Secretary State of Tamil Nadu Fort St. George Chennai – 600 009
2. The Secretary Revenue and Disaster Management Department State of Tamil Nadu Fort St. George, Chennai - 600 009 http://www.judis.nic.in 6/7 wp 7460 of 2020 R. SUBBIAH, J and R. PONGIAPPAN, J rsh WP No. 7460 of 2020 17-04-2020 http://www.judis.nic.in 7/7