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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANIKUMAR, C.T. RAVIKUMAR, SHAJI P. CHALY, JJ.
Suo Motu - Petitioner
Versus
State of Kerala, Represented by Its Chief Secretary, Government Secretariat - Respondent
W.P.(C) No. 11316 of 2021
Decided On : 06-08-2021
COVID-19 Containment Strategy - Disaster Management Act-2005 - G.O.(Rt.).No.564/2021/DMD - Sec.20(3) of the Disaster Management Act-2005
Fact of the Case:
The court considered the impact of the recent Government Order (G.O.(Rt.).No.564/2021/DMD) superseding all previous orders related to COVID-19 containment activities and the implications on the functioning of establishments, transportation, and the ability of litigants and their counsel to approach courts during the vacation period.
Finding of the Court:
The court acknowledged the change in the COVID-19 containment strategy and the restoration of various activities as per the recent Government Order. It recognized the potential difficulties faced by litigants and their counsel in approaching courts during the vacation period and extended the general orders issued in the suo motu writ petition to address these concerns.
Issues: Impact of the recent Government Order on COVID-19 containment activities, functioning of establishments, and the ability of litigants and their counsel to approach courts during the vacation period.
Ratio Decidendi: The court considered the change in COVID-19 containment measures and the restoration of various activities as per the recent Government Order. It balanced the need to address the difficulties faced by litigants and their counsel with the evolving COVID-19 situation.
Final Decision: The court extended the general orders issued in the suo motu writ petition up to 27.8.2021, allowing parties to seek the vacating of interim orders and file applications for extension of any interim order from 31.8.2021.
JUDGMENT :
S. Manikumar, J.
Based on the recent G.O.(Rt.).No.564/2021/DMD dated 4.8.2021, Mr. K. Gopalakrishna Kurup, learned Advocate General, submitted that all orders issued by the Government from 6.5.2021 to 30.7.2021 has been superseded by the recent order dated 4.8.2021.
2. He further suggested that the interim orders, granted by this Court periodically, can be extended till reopening day (24.8.2021).
3. Whereas, Mr. Thomas Abraham, President of the High Court Advocate Association, submitted that during the vacation period, filing is permitted only for few days and regular matters will not be taken up except with the leave of the court. According to him, if the stay is vacated now, litigants and their learned counsel would find it difficult to move urgent applications on the reopening day and therefore, the interim orders passed in the instant suo motu Writ Petition No.11316 of 2021 be extended further. According to him, that would also lessen the burden on the Registry.
4. G.O.(Rt.).No.564/2021/DMD dated 4.8.2021 is extracted :
Abstract
Disaster Management Department - COVID-19 containment activities - relaxation and restrictions from 5th August-2021 - Orders issued.
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DISASTER MANAGEMENT (A) DEPARTMENT
G.O.(Rt) No.564/2021/DMD Dated, Thiruvananthapuram, 04/08/2021
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Read:-
1. GO (Rt) No.404/2021/DMD dated 06.05.2021
2. GO (Rt) No.467/2021/DMD dated 16.05.2021
3. GO (Rt) No.479/2021/DMD dated 22.06.2021
4. GO (Rt) No.487/2021/DMD dated 29.06.2021
5. GO(Rt) No.500/2021/DMD dated 06.07.2021
6. GO(Rt) No.524/2021/DMD dated 10.07.2021
7. GO(Rt) No.532/2021/DMD dated 17.07.2021
8. GO(Rt) No.534/2021/DMD dated 20.07.2021
9. GO(Rt) No.545/2021/DMD dated 24.07.2021
10. GO(Rt) No.550/2021/DMD dated 28.07.2021
11. GO(Rt) No.559/2021/DMD dated 30.07.2021
ORDER
Targeted COVID-19 containment activities were undertaken by the State in the last few months. On 30.07.2021, Hon. Chief Minister, in his regular COVID-19 core group meeting, directed to evolve a COVID-19 containment strategy focusing public health needs and livelihood concerns. Subsequent to this, the State Health Experts' Committee met on 01.8.2021 and the undersigned took meetings with Secretaries of Government, Enforcement agencies and Chairman, State Health Experts' Committee on 31.07.2021 and 02.08.2021 respectively to examine the COVID-19 containment strategy. The team sent by the Ministry of Health and Family Welfare, Government of India met with the undersigned on 02.08.2021 in which containment at micro-level was emphasized by the team.
The expert opinions in the matter and the concerns regarding the effect of prolonged closure of establishments on livelihood have been considered in entirety. Accordingly, it is identified that a focused strategy based on micro-containment as well as access control to indoor spaces of public gathering is required to be implemented in the state.
Accordingly, the undersigned in his capacity as Chairman of the State Executive Committee of State Disaster Management Authority, in exercise of the powers conferred under Sec.20 (3) of the Disaster Management Act-2005, hereby issues the guidelines as given in the Annexure for strict implementation by the enforcing authorities with effect from 00:00 Hrs of 5th August-2021. These guidelines are in supersession of the previous guidelines issued by the Government read as (1) to (11) above.
(By order of the Governor)
Dr. V. P. Joy
Chief Secretary
Annexure
i. Special intensified stringent lockdown restrictions will be enforced in the LSGIs with critical spread based on the Weekly Infection Population Ratio (WIPR). WIPR is the total number of COVID-19 infections reported in the week multiplied by 1000 divided by total population of the panchayath or urban ward. In panchayaths/urban wards with WIPR of more than 10, spe
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