Dismissed

S.Anthonyraj v. The Chief Secretary

Madras HC8 Jun 2021WP/12449/2021

Case brief

AI extract

What is this about?

This PIL petition sought a writ directing municipal officials to spray disinfectants statewide to control the Covid-19 pandemic. The Court dismissed the petition as needlessly instituted, noting adequate measures were already taken by corporations and that indiscriminate spraying requires further study.

What did the court decide?

Petitioners prayer directed to issue writ of mandamus was denied; petition disposed of with no order as to costs.

S.Anthonyraj Vs The Chief Secretary — Public Procurement and Tenders | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:08.06.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.12449 of 2021
and W.M.P.No.13230 of 2021
S.Anthonyraj .. Petitioner
Vs.
1.The Chief Secretary,
Government of Tamilnadu,
Secretariat, Fort St. George,
Chennai - 600 009.
2.The Principal Secretary,
Department of Health and Family
Welfare, Secretariat, Fort St. George,
Chennai - 600 009.
3.The Director of Public Health,
DPH Campus, Teynampet,
Chennai - 600 018.
4.The Joint Secretary,
Municipal Administration,
Secretariat, Fort St. George,
Chennai - 600 009.
5.The Commissioner of Municipal
Administration, 11 th Floor, Urban
Administrative Buildings, (Opp.CIBA Building)
75, Santhome High Road, MRC Nagar,
Raja Annamalaipuram, Chennai - 600 028.
6.The Commissioner,
Greater Chennai Corporation,
Ribbon Building, Chennai - 600 003. .. Respondents

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

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent 4 to 6 to issue necessary instructions to their subordinate officials to take the task of spraying disinfectants throughout the nook and corner of the State of Tamilnadu effectively to control, prevent and spread of Covid-19 Pandemic in order to protect the citizens of Tamilnadu under Article 21 of the Constitution of India on the basis of the guidelines issued by The Ministry of Family and Welfare.

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For Petitioner : Mr.R.Narendren For Respondents: Mr.R.Shumugasundaram Advocate-General assisted by Mr.P.Muthukumar, Counsel for the State for RR 1 to 5 : Mr.R.Gopinath Standing Counsel for R-6 ORDER (Made by the Hon'ble Chief Justice) This is another public interest litigation that has been needlessly instituted.

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In pending proceedings, particularly in the suo motu proceedings instituted in this Court pertaining to the second surge of the pandemic, directions have been issued regarding spraying of disinfectants. More than one report has been filed by the State indicating the pros and cons of the indiscriminate spraying of disinfectants. Indeed, as history shows us in the use of disinfectants in the agricultural sector, some of the more difficult insects or even virus develop immunity in quick time and the use of chemicals as disinfectants has to be controlled and only upon studies being undertaken. Further, the corporations and the municipalities all over the State have undertaken massive drives to maintain health and hygiene during the pandemic. Though certain measures may have been eased during the lockdown, the collection of garbage would have also fallen because of lack of activities. Since adequate steps appear to have been taken to quickly collect and deal with garbage and to undertake spraying activities wherever necessary and to the extent desirable, no further action need be taken on such aspect of the matter. It is hoped that the State keeps in mind the need to maintain levels of hygiene at all public places after the lockdown curbs are eased.

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

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W.P.No.12449 of 2021 is disposed of. There will be no order as to costs. Consequently, W.M.P.No.13230 of 2021 is closed.

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Sd/Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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sasi

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To:

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1.The Chief Secretary, Government of Tamilnadu, Secretariat, Fort St. George, Chennai 600 009. 2.The Principal Secretary, Department of Health and Family Welfare, Secretariat, Fort St. George, Chennai 600 009. 3.The Director of Public Health, DPH Campus, Teynampet, Chennai 600 018. 4.The Joint Secretary, Municipal Administration, Secretariat, Fort St. George, Chennai 600 009. 5.The Commissioner of Municipal Administration, 11^th Floor, Urban Administrative Buildings, (Opp.CIBA Building) 75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600 028. 6.The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai 600 003. +1cc to Mr.R.Gopinath, Advocate, S.R.No.27553

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W.P.No.12449 of 2021

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RSV(CO) CB(14/06/2021)

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

S.Anthonyraj v. The Chief Secretary

Case brief

What is this about?

What did the court decide?

S.Anthonyraj v. The Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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