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N. MALA, MUNISHWAR NATH BHANDARI
S. V. Ramamurthy – Appellant
Versus
Principal Secretary to Government, Health & Family Welfare, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the records of the first respondent pertaining to the order dated 12.01.2022, the G.O.(Ms).No.23, Health and Family Welfare (AB2) Department and consequently, order of the second respondent P.H.D.C.No.C2/5907/2022 order dated 05.07.2022 and quash the same.)
1. The writ petition has been filed challenging the Government Order dated 12.01.2022 passed by the Health and Family Welfare Department and the consequential order dated 05.07.2022.
2. The petitioner appearing in person submits that imposition of penalty for non-wearing of mask covering mouth and nose and the enhancement of penalty amount are illegal, as wearing of mask may adversely affect the person in inhaling and exhaling. Thus, the liberty of a person to wear or not to wear a mask cannot be guided or controlled by mandating to wear it and in case of violation of the mandate thereof, to suffer penalty of Rs.500/-.
3. The petitioner in person submits that such penalty has not been imposed for non wearing of mask in any other country, rather it is only in the State of Tamil Nadu that such an order has been
The main legal point established in the judgment is the importance of wearing masks during the Covid-19 pandemic and the need for proper research and material in public interest litigations.
Courts may dismiss public interest litigations challenging public health measures if the petitioner lacks expertise in the relevant field and the measures are in line with global efforts to prevent t....
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Public officials must adhere to prescribed procedures and rates for spending public money, even in emergency situations such as the Covid-19 pandemic.
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Strict adherence to rules for filing PILs and PIL adjudication conceived for worthy causes affecting the public at large.
Public Interest Litigation - Health delivery system in the State of Uttar Pradesh - Not maintainable as petition not espousing cause of any member of a disadvantageous section of society or any perso....
Courts must discourage frivolous PILs and ensure that substantial public interest is involved before entertaining a petition.
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