JUDGMENT

(Prayer: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the fifth respondent pertaining to Press Release No.265 dated 12.04.2020 and quash the same, and consequently forbear the respondents from in any way interfering with the public welfare measures of the Petitioner including distribution of cooked food, food items, food grains, groceries, vegetables, medical kits and so on and so forth to the needy within the State of Tamil Nadu during the lockdown period due to COVID-19.)

The petitioner has filed this writ petition questioning the legality and/or validity of the Press Release No.265 dated 12.04.2020 issued by the first respondent and quash the same, and consequently forbear the respondents from in any way interfering with the public welfare measures carried out by the Petitioner, including distribution of cooked food, food items, food grains, groceries, vegetables, medical kits and so on and so forth to the needy within the State of Tamil Nadu during the lock down period due to COVID-19.

2. The petitioner is the Organising Secretary of Dravida Munnetra Kazhagam, a major political party founded in the year 1949. The Petitioner party is the principal opposition party in the legislative assembly of Tamil Nadu and playing a constructive role in safeguarding the interests of the people of the State. According to the petitioner, the World Health Organisation (WHO) declared the recent COVID-19 epidemic affecting 114 Countries in the World, including India, as a Public Health Emergency of International Concern (PHEIC) and has also characterised it as a controllable pandemic. Pursuant to the WHO warning, the Country has observed one day self-imposed quarantine on 22.03.2020 and on 23.03.2020, the second respondent, invoking the powers under Section 2 of the Epidemic Disease Act, 1897, issued G.O.Ms. No.152, dated 23.03.2020 imposing restrictions within the territorial jurisdiction of the State of Tamil Nadu from 24.03.2020 to 01.04.2020. However, during such lock down, the State permitted commercial and private establishments dealing with food and other essential commodities to function. However, home delivery of food items through aggregators like Swiggy, Zomato, Uber Eats etc., were prohibited.

3. It is the further case of the petitioner party that the Government subsequently passed various orders extending the period of lock down for 21 days from 25.03.2020. However, on 27.03.2020, orders were issued permitting the delivery of food items through aggregators like Swiggy, Zomato, Uber Eats etc., fixing the time of operation between 7 am to 9.30 am and 12.00 noon to 2.30 pm from 29.03.2020, thus the delivery of cooked food was allowed by the State. As the lock down was in force from 25.03.2020, many of the people belonging to lower strata of the society, back ward and oppressed classes, migrant workers, labourers, workers in the unorganised sectors were badly hit as they could not eke out their livelihood and consequently, they were made to starve. It is in this context, the petitioner party had undertaken various philanthropic measures such as distribution of food to the needy, personal preventive equipment such as hand gloves, sanitizers etc., through their party workers. Further, tens of thousands of people requested the petitioner party to supply daily rations, food, medicines etc., Therefore, the petitioner party had distributed food, groceries, vegetables etc., While so, according to the petitioner party, the restrictions imposed by the State to obtain prior permission from the District authorities concerned before effecting distribution of food to the poor and needy is unwarranted as it is causing immense hardship to them and therefore the present writ petition is filed.

4. Mr. Wilson, learned Senior counsel for the petitioner would vehemently contend that the restrictions imposed by the State in effecting distribution of fo