Cheer(Regn.No.225/2011) v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.14111 of 2021 Cheer (Regn.No.225/2011) A Non-Governmental Organisation Rep by its President R.Aswin Kumar 21/C, Taylors Road Kilpauk, Chennai-600 010.
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Petitioner Vs.
1. The Principal Secretary to Government Department of Health and Family Welfare Secretariat, Fort St.George Chennai-600 009.
2. The Directorate of Public Health and Preventive Medicine Rep by its Director 64/75, Main Road Chokkalingam Nagar Teynampet, Chennai-600 086.
3. The Principal Secretary to Government Department of Welfare of Differently Abled Persons Secretariat, Fort St. George Chennai-600 009.
4. The Commissionerate for Welfare of the Differently Abled Rep. by its Commissioner No.5 Kamarajar Salai Lady Wellington College Campus Chennai-600 005.
5. The Chief Minister's Special Cell Secretariat, Fort St.George Chennai-600 009.
6. The Greater Chennai Corporation Rep. by its Commissioner Ripon Buildings Chennai-600 003.
7. The Deputy Commissioner (Health) Greater Chennai Corporation Rippon Buildings Chennai-600 003.
8. The Director General of Police Government of Tamil Nadu Radhakrishnan Salai Mylapore, Chennai-600 004.
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Respondents W.P.No.22859 of 2024 K.V.Rajendran ..
Petitioner Vs.
1. The Secretary to Government Home Department Fort St. George, Secretariat Chennai 09.
2. The Secretary to Government Health and Family Welfare Department Fort St. George, Secretariat Chennai 09.
3. The Secretary to Government Welfare of Differently Abled Persons Department Fort St. George, Secretariat Chennai 09.
4. The Director Government Mental Welfare Home Kilpauk Medical College and Hospital Kilpauk, Chennai 600 010.
5. The Director General of Police Dr.Radhakrishnan Salai Mylapore, Chennai 600 004.
6. The District Collector Nagapattinam Nagapattinam District.
7. The Joint Director Government General Head Hospital Orathur, Nagapattinam Nagapattinam District.
8. The Superintendent of Police Nagapattinam Nagapattinam District.
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Respondents Prayer : Petitions filed under Article 226 of the Constitution of India seeking respectively (i) a writ of Mandamus directing the Respondents to effectively implement the State Mental Health Policy across the entire state by identifying the homeless persons with mental illness, rescuing them and rehabilitating them in accordance with law and consequently take effective measures to provide all the necessary healthcare facilities including COVID-19 vcaccination to all the rescued homeless persons with mental illness within the state of Tamil Nadu within a time frame fixed by this Hon'ble court; and
(ii) a writ of Mandamus directing the respondents to enforce the order of the Hon'ble Division Bench of the Hon'ble High Court in W.P. No.7043 of 2009 dated 09.07.2009.
For Petitioner :
W.P.No.13289 of 2021 Mr.N.S.Amogh Simha For Mr.A.K.Athiban Vijay W.P.No.22859 of 2024 Mr.V.Kasinatha Bharathi For Respondents :
W.P.No.13289 of 2021 Mr.A.Edwin Prabakar State Government Pleader for R1 to R5 Mr.A.Arun Babu Standing Counsel for R6 & R7 Mr.R.Muniyapparaj Additional Public Prosecutor for R8 W.P.No.22859 of 2024 Mr.A.Edwin Prabakar State Government Pleader for R1 to R4, R6 & R7 Mr.R.Muniyapparaj Additional Public Prosecutor for R5 & R8
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) These petitions were filed at the time of Covid outbreak when persons suffering from mental illness were alleged to be ignored and were not being taken proper care, in which, directions were also issued for framing appropriate policy.
2. When these petitions come up for consideration, learned State counsel submits that respondents have already prepared a policy to deal with such cases. More so, we find that the Covid situation no longer prevails. Therefore, at this stage, no further orders are required to be passed. Giving liberty to petitioners to bring to the notice of the Court any shortcomings insofar as identification and treatment of persons suffering from illness are concerned, these petitions are, at this stage, disposed of.
3. If petitioners come across any such case, they may also
report the matter to the concerned authority for appropriate measures to be taken. There shall be no order as to costs. Consequently, the interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 11.09.2025 Index :
Yes/No Yes/No kpl To
1. The Principal Secretary to Government Department of Health and Family Welfare Secretariat, Fort St.George Chennai-600 009.
2. The Directorate of Public Health and Preventive Medicine Rep by its Director 64/75, Main Road Chokkalingam Nagar Teynampet, Chennai-600 086.
3. The Principal Secretary to Government Department of Welfare of Differently Abled Persons Secretariat, Fort St. George Chennai-600 009.
4. The Commissioner Commissionerate for Welfare of the Differently Abled No.5 Kamarajar Salai Lady Wellington College Campus Chennai-600 005.
5. The Chief Minister's Special Cell Secretariat, Fort St.George Chennai-600 009.
6. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai-600 003.
7. The Deputy Commissioner (Health) Greater Chennai Corporation Rippon Buildings Chennai-600 003.
8. The Director General of Police Government of Tamil Nadu Radhakrishnan Salai Mylapore, Chennai-600 004.
9. The Secretary to Government Home Department Fort St. George, Secretariat Chennai 09.
10.The Director Government Mental Welfare Home Kilpauk Medical College and Hospital Kilpauk, Chennai 600 010.
11. The District Collector Nagapattinam Nagapattinam District.
12.The Joint Director Government General Head Hospital Orathur, Nagapattinam Nagapattinam District.
13.The Superintendent of Police Nagapattinam Nagapattinam District.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(kpl) W.P.Nos.13289 of 2021 & 22859 of 2024 11.09.2025