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2020 Supreme(Mad) 453

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. SATHYANARAYANAN, M. NIRMAL KUMAR, JJ.
Senthil Vel Murugan - Appellant
Versus
The Govt. of Tamilnadu, Rep. by its Chief Secretary to Govt., Chennai & Others - Respondent
WP. No. 7535 of 2020
Decided On : 28-04-2020

Advocates Appeared:
For the Petitioner:R. Bakyaraj, Advocate. For the Respondents: Narmadha Sampath, AAG., Assisted by V. Jayaprakash Narayan, GP.

The court emphasized the need for strict compliance with guidelines and prompt redressal of grievances by the concerned Departments in the context of essential services and activities during the COVID-19 pandemic.

Headnote:

COVID-19 - Public Interest Litigation - Disaster Management Act, 2005 - G.O.Ms.No.152 dated 23.03.2020, G.O.Ms.No.193 dated 15.04.2020 - The court dismissed the writ petition seeking closure of Registration Offices due to COVID-19 concerns, emphasizing the need for strict compliance with guidelines and the Department's responsibility to address grievances promptly.

Fact of the Case:

The petitioner filed a Public Interest Litigation seeking closure of Registration Offices due to COVID-19 concerns, citing the possibility of virus spread through people visiting the offices for document registration.

Finding of the Court:

The court dismissed the writ petition, emphasizing the need for strict compliance with guidelines and the Department's responsibility to address grievances promptly.

Issues: COVID-19 concerns related to the operation of Registration Offices and the responsibility of the concerned Departments to address grievances promptly.

Ratio Decidendi: The appropriate Departments are expected to take prompt action on representations regarding essential services and activities, and strict compliance with guidelines is necessary.

Final Decision: The writ petition stands dismissed, subject to the court's observations, with no costs imposed.

JUDGMENT

(Prayer: Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the Impugned order passed by the 3rd respondent Govt. Letter No.3615/J2/2020Va.Va.(Ma).Pa dated 17.04.2020 and consequent guidelines issued by the 4th respondent No.6830/CS1/2020 dated 18.04.2020 and quash the same and consequently directing the respondents close all Registration Offices by following the GO Ms No. 193 Revenue and Disaster Management Dept Dated 15.04.2020 and order of the Ministry of Home Affairs dated 15.04.2020)

M. Sathyanarayanan, J.

1. By consent, the writ petition is taken up for final disposal. Mr.V.Jayaprakash Narayan, learned Government Pleader accepts notice on behalf of respondents 1 and 2 and Mr.T.M.Pappiah, learned Special Government Pleader accepts notice on behalf of respondents 3 and 4 and he is being led by Mrs.Narmadha Sampath, learned Additional Advocate General.

2. The writ petition is styled as a Public Interest Litigation filed by the resident of Thirumohur Perungudi, Madurai District and according to him, on account of permission accorded to open the offices of the Sub Registrars and other Register Officers, there is going to be people visiting the said offices for the purpose of registering the documents and in that event, there is every possibility of the said persons contracting COVID- 19 virus and they in turn, in all probability, spread the same to the other persons.

3. The learned counsel for the petitioner has drawn the attention of this Court to the typed set of documents and would submit that the Tamil Nadu Sub Registrars' Association has sent a representation dated 17.04.2020 expressing the apprehension as to the opening of the office of the Sub Registrars for the purpose of registration of the documents and despite the said representation, the office of the 4th respondent has issued an Administrative Circular dated 18.04.2020 bearing Letter No.6830/CS/2020 to all the offices of the Sub Registrars, District Registrars and Deputy Inspector General of Registration, giving out certain guidelines of Standard Operating Procedure and the steps to be taken before registering the documents and since the possibility of the spread of COVID-19 virus has not been ruled out absolutely and that the Registration Department cannot be termed as an ''Essential Service'', prays for appropriate orders for closing of the offices of the Registrars, Sub Registrars, District Registrars etc., till the effect of pandemic virus is over.

4. This Court, on the submission made by the learned counsel for the petitioner, heard the submissions of Mr.V.Jayaprakash Narayan, learned Government Pleader appearing for the respondents 1 and 2 and Mrs.Narmadha Sampath, learned Additional Advocate General assisted by Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondents 3 and 4.

5. Mrs.Narmadha Sampath, learned Additional Advocate General, on instructions, would submit that since most of the industries have been ordered to be temporarily closed, there is a huge shortfall in revenue collection and this is a crucial period wherein the revenue is required for undertaking the exercises to contain and eliminate the pandemic virus,viz., COVID-19 and also drawn the attention of this Court to the above said Circular and a full-fledged Standard Operating Procedure is in consonance with the Disaster Management Act and the instructions issued in the said Act have been put in place and periodic monthly inspection also been done as to the adherence to the said procedure and if any infraction/violation or any spread of COVID-19 virus is noted, immediate and necessary steps would be taken to call for the operation of the registration offices also.

6. The learned Government Pleader appearing for the respondents 1 and 2, apart from adopting the submissions made by the learned Additional Advocate General, would submit that periodical and surp

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