M.L.Ravi v. Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.05.2020

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE DR. JUSTICE ANITA SUMANTH WP.Nos.7418 & 7426 of 2020 M.L.Ravi .. Petitioner in WP.No.7418/2020 Mohamed Ghouse ..

Petitioner in WP.No.7426/2020

Versus

1.The Chief Secretary Government of Tamil Nadu Secretariat, Fort St.George Chennai 600 009.

2.The Home Secretary Government of Tamil Nadu Secretariat, Fort St George Chennai 600 009.

.. RR 1 & 2 in WP.No.7418/2020 1.The Principal Secretary to Government Government of Tamil Nadu Secretariat, Chennai 600 009.

2.The Secretary Ministry of Health & Family Welfare Department Secretariat, Chennai 600 009.

..

RR 1 & 2 in WP.No.7426/2020

3.Director General of Police Tamil Nadu, Dr.Radhakrishnan Road Mylapore, Chennai 600004.

..

R3 in both WPs Prayer in WP.No.7418/2020:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the 2nd and 3rd respondents to issue proper direction to not to harass/punish who venture road without deviating from the order, guidelines and Section 144 issued.

Prayer in WP.No.7426/2020:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to issue guidelines to the police personnel not to infringe the human rights during the current curfew for COVID-19 control. For Petitioner in WP.No.7426/2020 :

Mr.A.Syed Kaleesha For Respondents in both WPs :

Mr.V.Jayaprakash Narayan, GP COMMON ORDER [Order of the Court was made by M.SATHYANARAYANAN,J.,] (1)Heard the submissions of the learned counsel for the petitioner in WP.No.7426/2020 and the learned Government Pleader appearing for the respondents in both the writ petitions.

(2)Learned Government Pleader would submit that the office of the Director General of Police, has issued a Circular Memorandum dated 06.04.2020 in RC.No.001432/Crime 4[3]/2019, in and by which, the guidelines have been issued to the police personnel not to infringe human rights / harass / punish on persons who venture into roads without violating the order during current curfew imposed for COVID-19 and in the light of the said development, nothing remains for further adjudication in these writ petitions.

(3)It is also brought to the knowledge of this Court by the learned Government Pleader that there were 4,32,761 violations, which resulted in the arrest of 4,59,055 persons ; seizure of 3,79,312 vehicles and collection of a sum of Rs.,5,11,27,000/-. (4)In the considered opinion of the Court, in the light of the said development, nothing remains for further adjudication in this writ petition.

(5)It is also to be noted at this juncture that the citizens are supposed to be aware of their duties and responsibilities and they are not expected to roam around freely like ordinary times, during this COVID-19 pandemic virus period and as and when they violate the law, the law and order machinery is to take care of the same and deal with it sternly and appropriately in accordance with law.

(6)The writ petitions are dismissed with the above observation. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP To 1.The Chief Secretary Government of Tamil Nadu Secretariat, Fort St.George Chennai 600 009.

2.The Home Secretary Government of Tamil Nadu Secretariat, Fort St George Chennai 600 009.

3.The Principal Secretary to Government Government of Tamil Nadu Secretariat, Chennai 600 009.

4.The Secretary Ministry of Health & Family Welfare Department Secretariat, Chennai 600 009.

5.Director General of Police Tamil Nadu, Dr.Radhakrishnan Road Mylapore, Chennai 600004.

WP.Nos.7418 & 7426 of 2020 A.SK(28/07/2020)