Dismissed

P.D.Joseph v. State of Kerala

Kerala HC15 Sept 2021WP(C)/19151/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking mandamus to direct the State of Kerala to reconsider a representation arguing that COVID-19 restrictions on hotels and restaurants were discriminatory compared to Tamil Nadu. The court dismissed the petition due to lack of proof of acknowledgment and deficiencies in the representation, preventing issuance of direction.

What the court decided

AI extract

P.D.Joseph Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

W.P.(C).No.19151 of 2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶6

¶7

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶8

WEDNESDAY, THE 15^TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943

¶9

WP(C) NO. 19151 OF 2021

PETITIONER:

P.D.JOSEPH

AGED 67 YEARS

S/O.DEVASSY, PANENGADAN HOUSE, THRISSUR - 680 581 (EDITOR, CEASOR NEWS, TIRUR, THRISSUR). BY ADV P.D.JOSEPH(Party-In-Person)

¶14

RESPONDENTS:

¶15

1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶16

2 THE DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE, THRISSUR - 680 004.

¶17

3 THE CHIEF SECRETARY STATE OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

¶18

SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

W.A. No.19151 of 2021

¶21

: 2 :

¶22

JUDGMENT

¶23

Dated this the 15^th day of September, 2021

¶24

S. MANIKUMAR,CJ.

¶25

Claiming himself to be an Editor of Ceasor News, Thrissur, instant writ petition has been filed by Mr.P.D.Joseph, party-in-person, for a mandamus directing the State of Kerala, represented by the Additional Chief Secretary, Department of Health, Thiruvananthapuram – respondent No.1, to consider and pass final orders on Exhibit P2, stated to be a representation dated 6.9.2021, submitted to the above said respondent.

¶26

When Mr.P.D.Joseph, party-in-person, was asked to read Exhibit P2 representation, he submitted that the file is kept in some other place and that he is using somebody's mobile phone and therefore, he is unable to be read.

¶27

However, we read Exhibit P2 representation dated 6.9.2021,

¶28

W.A. No.19151 of 2021

¶29

: 3 :

¶30

stated to have been submitted to the Additional Chief Secretary, Department of Health and Family Welfare, Thiruvananthapuram, which

read thus:

“

From

P.D. Joseph, S/o. Devassy, Panengadan House, PO MGK Kavu Thrissur -680581 Mob No. 9447040506

¶35

¶36

The Additional Chief Secretary to Government,

¶37

Department of Health and Family Welfare,

¶38

Government Secretariat, Thiruvananthapuram - 695001

¶39

Respected Sir,

¶40

Sub: COVID 19 Protocol initiated by Kerala State Government -

¶41

In the State of Tamil Nadu all the hotels and restaurants are opened for public and public is allowed to take food every day in the restaurants publically.

¶42

But in the State of Kerala the situation is different, here public are not allowed to get into the hotel and restaurant and food items are not allowed to serve in the restaurant and only parcels are allowed

¶43

W.A. No.19151 of 2021

¶44

: 4 :

¶45

to the public and this is based on a circular issued by the Government. This circular issued by the Government is highly discriminatory and is against the principles of equality before law.

¶46

It is not scientifically proved that Corona virus will be effected by taking food in the hotel and restaurants. Corona infection can be effectively prevented only by keeping social distance, sanitization and wearing mask.

¶47

So this Hon. Authority may be pleased to consider the present situation and give proper direction and end the discrimination.

¶48

Thanking you,

¶49

First of all, there is no proof of acknowledgement of Exhibit P2. That apart, going through the contents of Exhibit P2, we are unable to decipher what exactly is the circular issued by the Government relating to serving of food in the hotels, which the petitioner wants to reconsider.

¶50

Further, petitioner, though claimed to be an Editor of Ceasor

¶51

News, has not even mentioned the date of issuance of circular, the

¶52

W.A. No.19151 of 2021

¶53

: 5 :

¶54

department, which has issued the circular and other particulars. So much

¶55

so, with the deficiencies in the representation, the same is not supported by proof of any acknowledgement.

¶56

In the light of the above, we are of the view that no direction

¶57

can be issued, as prayed for, to the Additional Chief Secretary, Department of Health, Thiruvananthapuram – respondent No.1.

¶58

Observing so, instant writ petition is dismissed.

¶59

Sd/- S. MANIKUMAR, CHIEF JUSTICE.

¶60

Sd/- SHAJI P. CHALY,

¶61

JUDGE.

¶62

smv

¶63

W.A. No.19151 of 2021 : 6 :

¶64

¶65

PETITIONER EXHIBITS

¶66

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 6/9/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

¶67

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 6/9/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

¶68

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 6/9/2021 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE GOVERNOR OF KERALA. Exhibit P4 TRUE COPY OF THE GUIDELINES ISSUED BY THE DISSASTER MANAGEMENT.

P.D.Joseph v. State of Kerala

Case brief

What is this about?

What the court decided

P.D.Joseph v. State of Kerala

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Managing Director Vs H.Dileep Kumar

State of Kerala Vs M/S. Thoppil Contractors (India) Private Limited

Muhammed Safir Vs Sub Collector

School of Engineering and Technology, Vs Mathew Anil Parakkal

Central Board of Secondary Education Vs Aswani Balan

The Secretary, Cbse Vs Jithin H.S