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2020 Supreme(Online)(Ker) 49156

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


Advocates:
For the Appellants/Petitioners: SRI.SAJU JAKOB, SRI.ANIL KUMAR SREEDHARAN
For the Respondents: SRI. RANJITH THAMPAN, SRI.P.NARAYANAN, SRI P.VIJAYAKUMAR

Table of Content
1. public interest litigation details. (Para 1 , 2)
2. impugned provision is arbitrary and harmful. (Para 3)
3. violation of health and safety regulations. (Para 4 , 5 , 6 , 7 , 8 , 9)
4. justification of social distancing importance. (Para 10 , 11 , 12)
5. maintainability of unregistered body for pil. (Para 13)
6. judicial precedents and maintainability insights. (Para 14)

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 Co

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