Madras High Court
V.K.Rajavelu vs State Of Tamil Nadu on 12 March, 2020
Author: Senthilkumar Ramamoorthy
Bench: A.P.Sahi, Senthilkumar Ramamoorthy
WP.No.6514 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.6514 of 2020
V.K.Rajavelu ... Petitioner
-vs-
1.State of Tamil Nadu
Rep. by its Chief Secretary,
Rajaji Salai,
Fort St.George,
Chennai – 600009.
2.Secretary to Government
Health and Family Welfare,
Rajaji Salai,
Fort St.George,
Chennai – 600009.
3.Secretary to Government,
School Education Department,
Rajaji Salai,
Fort St.George,
Chennai – 600009. ... Respondents
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WP.No.6514 of 2020
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus to direct the respondents to take
necessary action in this regard and declare closure of schools for the
Pre-nursery, Kinder Garden and High School till the said COVID-19 is
contained.
For Petitioner : Ms.J.B.Abithabanu
For Respondents : Mr.Jayaprakash Narayanan
Government Pleader [R1 &
R2]
Mr.C.Munusamy [R3]
Special Government Pleader
ORDER
(Delivered by The Hon'ble Chief Justice) The petitioner has nowhere disclosed in the entire affidavit even a single incident pertaining to an occurrence of a Corona Virus case in any Institution. In the absence of any such material, such cavalier petitions do not deserve to be entertained, as a knee jerk reaction to shut down schools.
2. Learned counsel for the State has produced before us the measures which are being taken by the Government in order to prevent http://www.judis.nic.in Page 2 of 6 WP.No.6514 of 2020 such outbreak or also quarantine any patients who may be or are likely to be affected by the said virus.
3. The two letters dated 06.03.2020 and 10.03.2020 are extracted hereinunder :-
Letter dt. 06.03.2020 “In continuation of the Government letter 3rd cited, I am directed to enclose a copy of the reference 4th cited wherein it has been stated that :-
“creating awareness among students, preventive interventions such as frequent hand wash, respiratory etiquettes (using handkerchief over mouth while coughing/sneezing, use of tissue paper of using the sleeve of shirt covering upper arm, staying away from school when sick, avoiding public gatherings etc.) would help in preventing/reducing transmission of not only this diseases, but also large number of other communicable disease, notably flu-like illnesses. Further, such informed youth can be agents of changes for their family, community and beyond.”
2. I am therefore directed to request you to issue necessary instructions to all the schools under your control and to create awareness amongst the students.” http://www.judis.nic.in Page 3 of 6 WP.No.6514 of 2020 Letter dt. 10.03.2020 “World Health Organization has declared the recent COVID-2019 epidemic affecting 102 countries as Public Health Emergency of International Concern (PHEIC). In this context, Government of Tamil Nadu has strengthened the surveillance and control measures against the disease, as per the national guidelines.
2. All the passengers from all the international flights are screened universally through thermal screening.
All over India the screening is carried out in 30 airports. In Tamil Nadu, till dated 131793 passengers are screened at the Airports of Chennai, Trichy, Madurai and Coimbatore. 1137 passengers are under home quarantine for 28 days and 6 are under hospital quarantine.
3. In the background of the present COVID-19 epidemic, the general public are advised to adhere to health advisories issued by the State Government. Public should follow the cough etiquette by covering the face using handkerchief/towel while sneezing/coughing. Do frequent hand-washing with soap and water.
4. In the circumstances, I am to enclose a copy of the IEC material on Prevention and Control of Corona Virus Infection for necessary action of all Departments to prevent and control the spread of Corona Virus in this State.” (emphasis supplied) http://www.judis.nic.in Page 4 of 6 WP.No.6514 of 2020
4. In view of this, at present there is no cause to keep this petition pending.
5. We direct the State Government to take all such appropriate steps for issuing instructions that may be necessary in relation to all Educational Institutions throughout the State of Tamil Nadu.
6. Accordingly, the Writ Petition is disposed of. No costs.
(A.P.S., CJ.) (S.K.R., J.)
12.03.2020
Index : Yes/No
Internet : Yes/No
sni
To
1.The Chief Secretary,
State of Tamil Nadu
Rajaji Salai, Fort St.George,
Chennai – 600009.
2.The Secretary to Government
Health and Family Welfare,
Rajaji Salai, Fort St.George,
Chennai – 600009.
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WP.No.6514 of 2020
The Hon'ble Chief Justice
and
Senthilkumar Ramamoorthy, J.
(sni)
3.The Secretary to Government,
School Education Department,
Rajaji Salai,
Fort St.George,
Chennai – 600009.
W.P.No.6514 of 2020
12.03.2020
http://www.judis.nic.in
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