G.Rajasekar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2020 CORAM :

The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.8878 of 2020 G.Rajeasekar ..Petitioner -vs1. Union of India, Rep. by its Secretary to Govt., Health and Family Welfare Dept., New Delhi.

2. The State of Tamilnadu, rep. by its Chief Secretary to Govt., Secretariat, Chennai-9.

3. The Secretary to Government, Home Department, Secretariat, Chennai-9.

4. The Secretary to Government, Health and Family Welfare Dept., Secretariat, Chennai-9.

5. The Commissioner, Greater Chennai Corporation, Chennai.

..Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 1 to 5 to provide appropriate post care measures and frame the guidelines for Covid-19 discharged patients to control the pandemic disease.

For Petitioner : Mr.R.Dhinesh Kumar

For Respondent : Mr.G.Karthikayan Asst. Solicitor Genl.

For R-1 : Mr.V.Jayaprakash Narayanan State Government Pleader for RR 2 to 4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) This petition, in public interest, has been filed for postrecovery Corona patients submitting that the transmission or recurrence of infection may be prevented by providing a separate system of periodical testing of such patients who have recovered so as to prevent any further spread of the disease. 2.We have considered the same and the argument appears to be that necessary precautions should be taken in accordance with WHO guidelines in such matters. The petition is based on certain newspaper reports and other material downloaded from the Internet.

3.Having considered the submissions, we expect that the Government shall take all appropriate steps for containing any future spread or taking care of such patients who have already been tested negative so as to ensure that they do not get infected in future, but, in our opinion, this is more dependent on the patient himself to take appropriate care about himself, after having been declared negative by the hospitals. We expect that the Government will extend any such facilities that may be available according to the policy framed by the Government and also the resources available in this regard at various hospitals that have been set up for Covid infection crisis in the event any such genuine requirement of medical facilities. The Writ Petition is disposed of with the said observations. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra

To

1. The Secretary to Govt. of India, Health and Family Welfare Dept., New Delhi.

2. The Chief Secretary to Govt. of Tamilnadu, Secretariat, Chennai-9.

3. The Secretary to Government, Home Department, Secretariat, Chennai-9.

4. The Secretary to Government, Health and Family Welfare Dept., Secretariat, Chennai-9.

5. The Commissioner, Greater Chennai Corporation, Chennai.

+1cc to Government Pleader, S.R.No.24978 W.P.No.8878 of 2020 MG(CO) KKV/18/08/2020