JUDGMENT

S. Manikumar, CJ Alleging failure on the part of respondents in ensuring proper implementation of the guidelines/notification/directives/ advisories, notified/issued from time-to-time, for protection of the public at large from COVID-19 pandemic, W.P.(C)

No.16614 of 2021 is filed for the following reliefs:

“(i) Issue a writ of mandamus or any appropriate writ or direction or an order to the State of Kerala, Represented by Secretary, Health & Family Welfare Department, Secretariat, Thiruvananthapuram, (respondent No.2), and/or other appropriate authorities, to amend the guidelines issued by the 2nd respondent dated 4.8.2021 in G.O.(Rt.) No. 567/2021/DMD, inter alia, removing the following paragraphs:

(4) a person (workers/visitor) can enter shops, markets, banks, public and private offices, financial institutions, industries, factories, open tourist places, and all other institutions only if he/she is vaccinated with the first dose of Covid vaccine at least two weeks before or shall have an RTPCR negative certificate taken within 72 hours or he/she has been recovered from Covid 19 illness a month before.”

(ii) To issue a writ of mandamus or any appropriate writ or direction or order to the respondents and/or other relevant authorities not to discriminate citizens between vaccinated and not vaccinated as Government cannot compel a citizen to get vaccinated, in violation of the fundamental rights guaranteed under the Constitution.

(iii) Issue a writ of mandamus or any appropriate writ or direction or order to the respondents and/or other appropriate authorities that right to breach air freely cannot be infringed by imposing any compulsory condition thus imposing fines against the citizens who found to be violating Covid-19 protocol merely based on not wearing mask etc., is arbitrary.

(iv) Issue a writ of mandamus or any appropriate writ or direction or order to the respondents and/or other appropriate authorities to make the wearing of a mask is advisory and not compulsory unless in a crowded place.

(v) Issue a writ of mandamus or any appropriate writ or direction or order to the respondents and/or other appropriate authorities to ensure availability of good quality and affordable mask and issue proper guidelines/protocol for usage and consequences of non- usage of the mask by the people who are suffering from heart/respiratory ailments and to the public at large.

(vi) Issue a writ of mandamus or any appropriate writ or direction or an order to the respondents and/or other appropriate authorities for issuance of guidelines/ notification/advisory/protocol to provide PPE Kits at affordable rates and of good quality.

(vii) Issue a writ of certiorari or such other appropriate writ, order or direction to set aside Exhibit-P1 guidelines/ order, as it violates Right to Life, Right to Livelihood and Freedom of Profession of the citizens.

2. W.P.(C) No.17274 of 2021 is filed challenging clause (iv) of G.O.(Rt.) No.575/2021/DMD dated 10.08.2021 (Exhibit- P2) issued by the Chief Secretary (Chairperson, Disaster Managements (A) Department, Government Secretariat, Thiruvananthapuram, under the Disaster Management Act, 2005. The reliefs sought for in the writ petition are as under:

“(i) Issue a writ of certiorari, or any other appropriate writ calling for the records leading to Exhibit-P2 Government order and clause (iv) thereof, insofar as it is violative of Article 14, 19 and 21 of the Constitution of India.

(ii) Issue any other appropriate writ, order or direction, commanding the 1st respondent to expedite vaccination drive in the State of Kerala, as expeditiously as possible, within a reasonable time frame.

(iii) Declare that clause (iv) of Exhibit-P2 Government order dated 10.08.2021 takes away the fundamental rights of the citizens, including the right to life, personal liberty and livelihood, in as much as the rider to clause (iv) virtually means that a person cannot move out of his abode even for his livelihood, unless he/she satisfies any