Madras High Court
Senthil Vel Murugan vs The Govt Of Tamilnadu on 28 April, 2020
Author: M. Sathyanarayanan
Bench: M. Sathyanarayanan
WP.No.7535/2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.04.2020
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
WP.No.7535 of 2020
Senthil Vel Murugan .. Petitioner
Versus
1.The Govt of Tamilnadu,
rep. by its Chief Secretary to Govt.,
Chennai.
2.The Principal Secretary to Govt.,
Revenue and Disaster Management Department,
Govt of Tamilnadu, Chennai.
3.The Principal Secretary to Govt.,
Commercial Taxes and Registration Department,
Govt of Tamilnadu, Chennai.
4.The Inspector General of Registration,
100, Santhome High road, Chennai-28. .. Respondents
Prayer:- Writ petition has been filed under Article 226 of the Constitution
of India praying for the issuance of Writ of Certiorarified Mandamus calling
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for the records of the Impugned order passed by the 3rd respondent Govt
Letter No.3615/J2/2020Va.Va.(Ma).Pa dated 17.04.2020 and consequent
guidelines issued by the 4th respondent No.6830/CS1/2020 dated
18.04.2020 and quash the same and consequently directing the respondents
close all Registration Offices by following the GO Ms No. 193 Revenue and
Disaster Management Dept Dated 15.04.2020 and order of the Ministry of
Home Affairs dated 15.04.2020
For Petitioner : Mr.R.Bakyaraj
For RR 1 & 2 : Mr.V.Jayaprakash Narayan, GP
For RR 3 & 4 : Mrs.Narmadha Sampath, AAG
assisted by
Mr.V.Jayaprakash Narayan, GP
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,] (1)By consent, the writ petition is taken up for final disposal.
Mr.V.Jayaprakash Narayan, learned Government Pleader accepts notice on behalf of respondents 1 and 2 and Mr.T.M.Pappiah, learned Special Government Pleader accepts notice on behalf of respondents 3 and 4 and he is being led by Mrs.Narmadha Sampath, learned Additional Advocate General.
2/14http://www.judis.nic.in WP.No.7535/2020 (2)The writ petition is styled as a Public Interest Litigation filed by the resident of Thirumohur Perungudi, Madurai District and according to him, on account of permission accorded to open the offices of the Sub Registrars and other Register Officers, there is going to be people visiting the said offices for the purpose of registering the documents and in that event, there is every possibility of the said persons contracting COVID-
19 virus and they in turn, in all probability, spread the same to the other persons.
(3)The learned counsel for the petitioner has drawn the attention of this Court to the typed set of documents and would submit that the Tamil Nadu Sub Registrars' Association has sent a representation dated 17.04.2020 expressing the apprehension as to the opening of the office of the Sub Registrars for the purpose of registration of the documents and despite the said representation, the office of the 4th respondent has issued an Administrative Circular dated 18.04.2020 bearing Letter No.6830/CS/2020 to all the offices of the Sub Registrars, District Registrars and Deputy Inspector General of Registration, giving out certain guidelines of Standard Operating Procedure and the steps to be 3/14 http://www.judis.nic.in WP.No.7535/2020 taken before registering the documents and since the possibility of the spread of COVID-19 virus has not been ruled out absolutely and that the Registration Department cannot be termed as an ''Essential Service'', prays for appropriate orders for closing of the offices of the Registrars, Sub Registrars, District Registrars etc., till the effect of pandemic virus is over.
(4)This Court, on the submission made by the learned counsel for the petitioner, heard the submissions of Mr.V.Jayaprakash Narayan, learned Government Pleader appearing for the respondents 1 and 2 and Mrs.Narmadha Sampath, learned Additional Advocate General assisted by Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondents 3 and 4.
(5)Mrs.Narmadha Sampath, learned Additional Advocate General, on instructions, would submit that since most of the industries have been ordered to be temporarily closed, there is a huge shortfall in revenue collection and this is a crucial period wherein the revenue is required for undertaking the exercises to contain and eliminate the pandemic virus,viz., COVID-19 and also drawn the attention of this Court to the 4/14 http://www.judis.nic.in WP.No.7535/2020 above said Circular and a full-fledged Standard Operating Procedure is in consonance with the Disaster Management Act and the instructions issued in the said Act have been put in place and periodic monthly inspection also been done as to the adherence to the said procedure and if any infraction/violation or any spread of COVID-19 virus is noted, immediate and necessary steps would be taken to call for the operation of the registration offices also.
(6)The learned Government Pleader appearing for the respondents 1 and 2, apart from adopting the submissions made by the learned Additional Advocate General, would submit that periodical and surprise inspection is also made by the superior officials as to the adherence of the Standard Operating Procedure and would further add that for the purpose of running the administration, steps have been taken by the Government.
(7)This Court has considered the rival submissions and also perused the materials placed before it.
(8)The Health and Family Welfare [P-1] Department, in G.O.Ms.No.152 dated 23.03.2020, had issued certain restrictions and as per paragraph No.4, the following services/activities are exempted from the said 5/14 http://www.judis.nic.in WP.No.7535/2020 restrictions:-
List of Exempt Services / Activities A. State Government, Autonomous Bodies, Corporations etc. – i) Departments of the Secretariat and the Heads of Departments of Health and Family Welfare, Public, Home, Finance, RD & PR, MAWS, Co-operation, Food and Consumer Protection, P&AR, Revenue, Law, Transport, Social Welfare, Industries, Housing, MS&ME, Labour & Employment, regulatory departments like Pollution Control Boards, Legal Metrology, Boiler Administration, Drug Control, Highways and Minor Ports, Public Works Department, Commercial Taxes and Registration, Animal Husbandry, Fisheries and Dairying, Handloom, Handicrafts Textiles and Khadi, Welfare of Differently Abled, Director of Information and Public Information shall function with required staff.
ii) Police, Prohibition and Excise, Home Guards, Fire & Rescue Services, Prisons and Social Defence Homes.
iii) Courts
iv) District Administration
v) Public Utilities – Electricity Boards, Public Works Department, Metro Water (TWAD Board), Water Supply, Sewerage and Municipal Services.
vi) Urban Local Bodies
vii) Village Panchayats and Panchayat Unions.
viii) Hospitals and all Health related establishments, including Animal Husbandry
ix) Regional Transport Offices
x) Commercial Taxes and Registration Offices
xi) Treasury and Sub-Treasury
xii) Public Distribution System shops and related offices.
xiii) Aavin and Milk Unions
xiv) Amma Canteens with adequate social distancing.
xv) Any other office considered necessary by the District Collector / State Government. For those offices that are shut down, the officers / staffs shall remain on “work from home” 6/14 http://www.judis.nic.in WP.No.7535/2020 basis, and can be summoned for duty as and when required and Government employees should be available on call.
B. Government of India Agencies Defence, Para Military, Tax / Revenue related (eg. Income Tax, Customs, GST etc.), Medical Services & related Public Utilities, Ports Immigration, MEA branch secretariat, FRRO, Development Commissioner, MEPZ, Joint Director, Foreign Trade, Food Corporation of India, Post Offices, Railways, Airports, Doordarshan, All India Radio and any other media. C.Commercial and Private Establishments
i) Hospitals, Dispensaries, Clinics, Chemist shops, Optical stores, oxygen cylinder units, Pharmaceuticals, medical equipment manufacturing/service units, health related manufacturing units including mask and sanitation material manufacturing units and their transportation related activities.
ii) Food including Rice, Pulses, Edible oil, Spices and condiments, Processed food, Groceries, Milk, Bread, Fruit, Vegetable, Meat, Eggs, Fish, Rice and other essential and perishable products and their transportation related activities and warehousing
iii) Dairy, Poultry feed, fodder, fodder units & Milk Booths.
iv) Banks & ATM (as per RBI regulations)
v) Press and Media offices and establishments
vi) IT, Financial Services Back Offices and ITES Companies. IT and ITES units will ensure employees work from home. Where it is not feasible to do so, units dealing with critical and essential services will continue to operate taking all protective measures.
vii) Restaurants, Eateries, Kitchens – only take away (seating not permitted). In tea shop no gathering is allowed.
viii) Petrol Pumps, LPG Gas and Bottling plants, Oil Agencies, Petroleum & Gas Stations / Depots / product outlets and their godowns transportation.
ix) Depositories, Stock Brokers and SEBI Registered Participants, subject to SEBI guidelines.
x) E-Commerce, Pharmaceutical and other essentials. However, home delivery of food items through aggregators like Swiggy, Zomato, Uber eats are prohibited. X
xi) Agriculture and Horticulture, Animal Husbandry and Fisheries related shops and markets.
xii) All security services including those provided by private 7/14 http://www.judis.nic.in WP.No.7535/2020 agencies.
D. Factories, Workshops and Industries
i) Medical supplies / equipment, Pharmaceuticals and Biotech units.
ii) Food related / food processing industries, including flour mills
iii) Those units which are of a continuous nature where immediatte shutting down would disrupt the on-going process for a long time or not possible Chemical factories.
iv) All industries permitted to operate shall work at 50% of their strength on rotation basis.
v) Export units and SEZs at 50% of their strength on rotation basis.
vi) Manufacturing units engaged in production of essential commodities, agriculture commodities & agriculture inputs, food items and wholesalers, retailers of such items.
vii) Transport arrangements made by the IT, ITES, industries and establishments to transport their employees from home and drop.
E. Transport i) Ambulances ii) Vehicles / Cabs owned or contracted by the companies under exempted categories for transportation of staff to work place and back. iii) All Goods Carriers (trucks, tempos, container trailers etc.) iv) Taxis to and fro from airport, hospitals to home v) Hearse/funeral services vehicles vi) Government vehicles engaged in essential services/duties.
F.Public Utilities and Media Services i) Electricity- Generation, Transmission and distribution, ii) Water supply Sewerage and Municipal Services iii) Print and Electronic Media iv) Postal, Telecom and Internet Service Provider (ISPs) v) Ports and Airports vi) All essential construction activities subject to diseases prevention measures as per protocol and continuous monitoring and health status of workers. vii) Manufacture, transport and delivery of drinking water cans, bottles and packaged water. viii) Godowns and warehouses.
G. Health and Medical Services i) All pregnant women who are expected to deliver in the ensuing months shall be listed, monitored and assisted by field personnel of health department to ensure institutional deliveries. ii) All elective surgeries may be rescheduled in private and Government hospitals as may be 8/14 http://www.judis.nic.in WP.No.7535/2020 required after setting aside necessary beds for treatment of COVID-19 patients.
H. Revenue Administration, Local Bodies, Police and General Points i) All Private establishments that support the above services or are linked to the efforts for containment of COVID-19 will remain open. ii) Services to Working women hostels, services to old age persons and old age homes, differently abled persons and orphanages is exempted. iii) All exempted units shall ensure the necessary precautionary measure, hygiene and safety of the employees, including maintaining 3 feet of social distancing, frequent hand-washing of employees, disinfection of premises and transport vehicles.
iv) Shops that are under the exempted categories shall ensure that at any given time are not crowded and customers inside also maintain social distancing of 3 feet between each other. The premises shall be cleaned and disinfected three times daily. They shall also ensure that sanitizers are provided at the entrance for all customers. v) Resident Welfare Associations shall take necessary measures for social distancing and for maintaining essential services. If any violation is found, same shall be informed to Local Bodies / Local Health Authority by President/ Secretary of RWAs. vi) All items/services mentioned in these notifications includes their production, manufacturing, transport, storage, wholesale, retail etc., and are included as essential items/services. In respect of the drivers and work force involved in loading/unloading the manufacturer shall provide necessary preventive measures. vii) If there is any doubt as to whether a service is essential or not, the Collector and District Magistrate shall be the competent authority to decide. In case of Chennai, Commissioner of Chennai Corporation will be competent authority. In case, any order issued earlier which is in contradiction to this order then these orders shall prevail. viii) In respect of other private establishments that support the above services, any doubt as to whether an establishment is covered under this clause shall be decided by the District Collector concerned. In case of Chennai, Commissioner of Chennai Corporation will be competent authority. ix) Police shall render necessary assistance as and when requisitioned by the afore mentioned officers. x) All employers will make payments of wages/salaries to workers/employees including those working 9/14 http://www.judis.nic.in WP.No.7535/2020 on contractual and outsourcing basis during this period. xi) District Collectors will take all steps to ensure that there is no disruption in the provision of essential commodities and services as mentioned in this order. xii) All Government departments, institution, organisations, agencies etc. should ensure that in the course of departmental work that people do not congregate in large numbers. xiii) All District Collectors, District Superintendent of Police, Commissioners of Police, Municipal Commissioners of Corporations and competent authorities of all departments organisations and establishments shall take all necessary steps for the enforcement and implementation of the above said regulations. xiv) Any person found violating the above measures shall be deemed to have committed an offence punishable under section 188 and other relevant sections of Indian Penal Code (45 of 1860). Such a person shall in addition be dealt with under the provisions of the Epidemic Diseases Act, 1897, The Disaster Management Act, 2005. xv) The restrictions imposed earlier shall continue to be in force. Anganwadis, schools, colleges, Government welfare hostels, malls, theatres, large centrally air-conditioned shops, amusement parks, swimming pools, Gymnasium, zoos, museums, libraries, tourist resorts, tourist places, beaches, local shandies will continue to remain closed during this period. xvi) All religious places are closed for public darshan / worship. However, daily rituals may be conducted. xvii) The examination scheduled on 24.3.2020 for +2 students will be conducted as scheduled. However, +1 exams scheduled on 26.3.2020 stand postponed. All other exams related to colleges, schools and Government recruitments stand postponed. xviii) Marriages already fixed on or before 16.3.2020 in marriage halls alone can be conducted subject to a maximum number of 30 guests. The marriage halls are instructed to return the advance paid by the public for all cancelled bookings. xix) In case of any doubt, the State Government will issue necessary directions / clarifications. xx) No suit or legal proceeding shall lie against any person for anything done or intended to be done in good faith under this order.'' (9)One of the Departments is the Commercial Taxes and Registration Department and the Revenue and Disaster Management [DM-2] 10/14 http://www.judis.nic.in WP.No.7535/2020 Department had also issued G.O.Ms.No.193 dated 15.04.2020, in and by which, consolidated revised guidelines issued by the Government of India had been taken note of and certain additional activities were also permitted to be implemented after making all necessary arrangements for strict compliance of the existing guidelines of the lock down measures.
(10)A perusal and consideration of the Circular issued by the 4 th respondent dated 18.04.2020 would reveal that a consolidated instructions/Standard Operating Procedure has also been put in place and therefore, it is obligatory on the part of the official respondents to ensure strict compliance of the said Circular as well as various instructions issued by the Government of India as well as the State from time to time under the provisions of the Disaster Management Act. It is also obligatory on the part of the superior officials of the Commercial Taxes and Registration Department to carry out effective/surprise inspection for the purpose of ensuring that the social distancing and other norms pertains to the prevention and containment of COVID-19 virus, be strictly complied with.
(11)It is to be noted at this juncture that as far as this State is concerned, the 11/14 http://www.judis.nic.in WP.No.7535/2020 Tamil Nadu Document Writers Association [Regn.No.2646/CN] submitted a representation dated 16.04.2020 as to the difficulties faced by them on account of the closure of the Registration Offices and immediately, the Government took a call and ensured the operation of the Registration Department / offices.
(12)This Court is also of the view that what has to be done in the present scenario is that the appropriate Departments are also expected to take a call in respect of any representation submitted by the concerned Associations / individuals as to the redressal of the grievances which pertains to the essential services and activities and as and when such representations are preferred, the concerned Department is expected to take a call and give a disposal depending upon the merits of the same and in accordance with law, as expeditiously as possible without driving the concerned litigants to approach this Court in the form of filing of writ petitions of this nature.
(13)In the result, the writ petition stands dismissed subject to the above observations. No costs.
[M.S.N.,J] [M.N.K., J]
28.04.2020
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WP.No.7535/2020
AP
Internet : Yes
To
1.The Chief Secretary to Govt.,
Govt of Tamilnadu,,
Chennai.
2.The Principal Secretary to Govt.,
Revenue and Disaster Management Department, Govt of Tamilnadu, Chennai.
3.The Principal Secretary to Govt., Commercial Taxes and Registration Department, Govt of Tamilnadu, Chennai.
4.The Inspector General of Registration, 100, Santhome High road, Chennai-28.
13/14http://www.judis.nic.in WP.No.7535/2020 M.SATHYANARAYANAN, J., AND M.NIRMAL KUMAR, J., AP WP.No.7535 of 2020 28.04.2020 14/14 http://www.judis.nic.in