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2020 Supreme(Online)(KER) 19335

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
PRATHYASA MENTAL HEALTH COUNSELLING FORUM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.SAJU JAKOB, SRI.ANIL KUMAR SREEDHARAN, SRI. RANJITH THAMPAN, SRI.P.NARAYANAN, SHRI P.VIJAYAKUMAR

JUDGMENT

Dated this the 19th day of June, 2020 S. Manikumar, CJ Instant public interest writ petition is filed for the following reliefs:

(i) To direct respondents 1 & 2, State of Kerala represented by Chief Secretary and the Secretary, Transport (B) Department, Thiruvananthapuram - to forthwith ensure the strict/actual/practical compliance of social distancing norm in public places issued by respondent No.3, Ministry of Home Affairs, vide its Order No.40-3/2020-DM-1(A) dated 30th May, 2020, as mandated in national directives for COVID-19 management, in the clause 2);

(ii) To quash the impugned provision of Exhibit-P1 notification dated 2nd June, 2020, S.R.O. No.366/2020, allowing the buses to carry passengers in all the seats available in the stage carriers as it is in violation of Article 21 of the Constitution of India and above notification of Ministry of Home Affairs, and direct the respondents 1 and 2 to issue order directing passengers only to occupy 50% seats available, and to maintain a distance of six feet between passengers in public transport, till the vaccine for COVID-19 virus is invented or till the alternative solution is found or till the Central Government otherwis

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