Partly allowed

P. Prakash v. the Union of India

Madras HC3 Aug 2020WP(MD)/8526/2020

Case brief

AI extract

What is this about?

Writ petition filed by an advocate seeking a direction to government authorities to provide mental health support and psychiatric counselling to the public during the COVID-19 pandemic to prevent suicides and depression caused by the virus spread.

What did the court decide?

Respondents 1 and 2 directed to consider and dispose of the petitioner's representation dated 06.07.2020 on merits within eight weeks.

P. Prakash Vs the Union of India — Pension and Retirement Benefits | Madras HC (2020)

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W.P.(MD) No.8526 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020

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CORAM

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THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN

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and

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THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD)No.8526 of 2020

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(Through Video conferencing)

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P.Prakash ...Petitioner

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-Vs-

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1.The Union of Inida Rep. By the Secretary to Government Public Health Department Near Udyogbhavan Metro Station Maulana Azad Road New Delhi – 110 011.

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2.The State of Tamil Nadu Rep. By the Secretary to Government Health & Family Welfare Department Fort St. George, Chennai.

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3.The District Collector, Theni, Theni District. ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.07.2020 and to address motivational speech by experts among the public to improve their mental health that renders self-confidence. This would duly narrate the best treatment and be the effective steps to take by the Government to recover people from Corona Virus (Covid-19) so as to recover them from depression and to avoid committing suicide due to the fear of Corona (Covid-19).

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For Petitioner :Mr.R.Balakrishnan For Respondents :Mr.V.Kathir Velu,

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Assistant Solicitor General of India for R1 Mr.Aayiram K.Selvakumar, Addl. Govt. Pleader for R2 and R3

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ORDER

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[Order of the Court was made by M.SATHYANARAYANAN, J., ]

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The petitioner claims to be a public spirited person and also a practising advocate and he is unsuccessfully contested for membership of Tamil Nadu Legislative Assembly as well as the Parliament in the years 2016 and 2019 respectively. The petitioner would further claim that he is also running a training centre as well as giving free coaching, so as to enable the students to undertake competitive exams and become success. The learned counsel https://hcservices.ecourts.gov.in/hcservices/ appearing for the petitioner would submit that on account of

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W.P.(MD) No.8526 of 2020

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uncertain spread of COVID-19 pandemic virus, most of them used to tempt/develop impressions that they would die soon and started tracking their own lives and therefore, the petitioner suggested that suitable psychiatric counselling through trained persons should be given to them to prevent recurrence of such kind of occurrence and in this regard, he has also submitted a representation dated 06.07.2020 to the official respondents and despite receipt and acknowledgment, no orders have been passed and hence, came forward to file this writ petition.

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Mr.V.Kathirvelu, learned Assistant Solicitor General of India accepts notice on behalf of the first respondent and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader accepts notice on behalf of respondents 2 and 3.

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In the considered opinion of this Court, the reaction on account of COVID-19 pandemic virus, especially, if it happens to be a symptomatic case, depends upon the will or otherwise of a concerned individual and suicides happen on a spur of the moment.

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This Court can also take judicial note of the fact that there are lot of NGOs available to give psychiatric counselling and the said informations are put in public domain also.

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The petitioner, who claims to be a public spirited person, shall collect the said particulars and being interested in serving the public welfare with permission of the concerned authorities, can also engage the services of trained psychiatrist to give counselling to such kind of persons and this Court hope and trust, the petitioner may take some endeavour in that regard also.

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Be that as it may, though the petitioner prays for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representation or in this writ petition, directs the respondents 1 and 2, to consider and dispose of the petitioner's representation dated 06.07.2020 on merits and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

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This writ petition is disposed of accordingly. No costs Sd/-

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Assistant Registrar (CSII)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD) No.8526 of 2020

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vsm

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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The Secretary to Government Union of Inida Public Health Department Near Udyogbhavan Metro Station Maulana Azad Road New Delhi – 110 011.

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2.The Secretary to Government State of Tamil Nadu Health & Family Welfare Department Fort St. George, Chennai.

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3.The District Collector, Theni, Theni District.

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W.P.(MD)No.8526 of 2020

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03.08.2020

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KB(17.08.2020) 3P 4C

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https://hcservices.ecourts.gov.in/hcservices/

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P. Prakash v. the Union of India

Case brief

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P. Prakash v. the Union of India

Case brief

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