PIL seeking guidelines for post-Covid-19 patient care to prevent infection recurrence. Court observed that prevention depends on patient caution and noted available government facilities, dismissing the petition without specific directions to frame new guidelines.
None specific granted; general direction to Government to extend existing facilities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.8878 of 2020
G.Rajeasekar ..Petitioner
-vs-
1. Union of India,
Rep. by its Secretary to Govt.,
Health and Family Welfare Dept.,
New Delhi.
2. The State of Tamilnadu,
rep. by its Chief Secretary to Govt.,
Secretariat, Chennai-9.
3. The Secretary to Government,
Home Department, Secretariat,
Chennai-9.
4. The Secretary to Government,
Health and Family Welfare Dept.,
Secretariat, Chennai-9.
5. The Commissioner,
Greater Chennai Corporation,
Chennai. ..Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 1 to 5 to provide appropriate post care measures and frame the guidelines for Covid-19 discharged patients to control the pandemic disease.
For Petitioner : Mr.R.Dhinesh Kumar
For Respondent
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
This petition, in public interest, has been filed for postrecovery Corona patients submitting that the transmission or recurrence of infection may be prevented by providing a separate system of periodical testing of such patients who have recovered so as to prevent any further spread of the disease.
2.We have considered the same and the argument appears to be that necessary precautions should be taken in accordance with WHO guidelines in such matters. The petition is based on certain newspaper reports and other material downloaded from the Internet.
3.Having considered the submissions, we expect that the Government shall take all appropriate steps for containing any future spread or taking care of such patients who have already been tested negative so as to ensure that they do not get infected in future, but, in our opinion, this is more dependent on the patient himself to take appropriate care about himself, after having been declared negative by the hospitals. We expect that the Government will extend any such facilities that may be available according to the policy framed by the Government and also the resources available in this regard at various hospitals that have been set up for Covid infection crisis in the event any such genuine requirement of medical facilities.
The Writ Petition is disposed of with the said observations. No costs.
Sub Assistant Registrar
sra
To
2 issues framed by the court
Whether the Government is obligated to frame guidelines for post-Covid-19 patient care to prevent recurrence.
Whether the Court should direct a separate testing system for recovered patients.
1 provisions across 1 enactments
Rajeasekar
Union of India
State of Tamilnadu
A.P.SAHI
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
