ORDER :

SENTHILKUMAR RAMAMOORTHY J.,

1. In this writ petition, G.O.Ms.No.326, Health and Family Welfare (AB2) Department, dated 04.09.2020 (G.O.Ms. No.326), is challenged. By G.O.Ms.No.326, rules were framed pursuant to powers conferred by Sections 1, 3 and 8 of the Tamil Nadu Public Health Act, 1939 (the TN Public Health Act). Under the said rules, offences punishable under Subsection (2) of Section 76 of the TN Public Health Act were declared as compoundable upon payment of fine as stipulated therein. The Petitioner also seeks a consequential order of refund of the amount collected as fine in respect of the above mentioned compoundable offences.

2. Section 76 of the TN Public Health Act deals with the power of the State Government to confer special powers on officers to control a notified disease. The COVID-19 pandemic was declared as a notified disease in the State of Tamil Nadu under G.O.Ms.No.95, Heath and Family Welfare (P1) Department, dated 13.03.2020 (G.O. Ms. No.95), by exercising powers under Section 62 of the TN Public Health Act. Pursuant thereto, by G.O.Ms.No.96, Health and Family Welfare (P1) Department, dated 15.03.2020, in terms of Section 76(1)(a) of the Public Health Act, it was declared that there is a threat of out-break of COVID-19 in the State of Tamil Nadu. Thereafter, the TN Public Health Act was amended by the Tamil Nadu Ordinance No.10 of 2020 which was published in the Tamil Nadu Government Gazette dated 04.09.2020. The said ordinance was subsequently replaced by an enactment. Under the said ordinance/enactment, several provisions of the TN Public Health Act were amended. In particular, Section 76(2) was substituted by the following:

4. In section 76 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-

“(2) When a declaration under clause (a) or clause (b) of sub-section (1) comes into operation and until it is withdrawn, the Collector of the district or any person duly authorized by him by general or special order, or if empowered in this behalf by rules made under this Act, the Health Officer or any other officer of the local authority concerned or any Police Officer or any officer of the Government other than the Collector of the district may, subject to such exceptions, restrictions, limitations and conditions and to such control as may be prescribed, either generally or in the case of the notified disease to which the declaration relates, exercise the following powers, namely:-

(a) to order the evacuation of infected houses and houses adjoining them or in their neighbourhood, or generally of all houses in an infected locality;

(b) to make vaccination and preventive inoculations compulsory subject to the provisions of sub-section (3);

(c) to direct-

(i) that persons arriving from places outside the local area, or residing in any building adjacent to, or in the neighbourhood of, an infected building, shall be examined by a medical officer;

(ii) that persons in isolation or in quarantine shall be examined or required to undergo necessary tests by a medical officer;

(iii) that the clothing, bedding or other articles belonging to such persons shall be disinfected, if there is reason to suspect that they have been exposed to infection;

(iv) that any such person shall give his address and present himself daily for medical examination at a specified time and place, for a period not exceeding fourteen days;

(d) to take such measures as may be necessary-

(i) in respect of, or in relation to, persons exposed to infection from any notified disease, or likely to infect other persons with any such disease; and

(ii) in respect of, or in relation to, articles exposed to infection from any notified disease, or likely to infect persons with any such disease, Including in the case of (i), the placing of restrictions on the movement of such persons, isolation or quarantine of such persons, as the case may be, and in the case of (ii), the destruction of such articles and the placing