ARUN RAJ P.N. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is before us alleging that Ext.P1 order passed by the District Collector of Kasaragod has been withdrawn merely for the purpose of carrying out a political meeting in the said District. The prayer sought for in the writ petition is to ensure strict compliance of Ext.P1 order.

(2.) The learned State Attorney appears and submits that the order dtd. 17/1/2022 produced as Ext.P1 is no more in force, because the District Collector had issued another order dtd. 20/1/2022 with more stringent restrictions. Subsequently the Government has revisited the restrictions and the earlier Government Orders have been cancelled. The restrictions now in place are those brought out by Government Order dtd. 20/1/2022. It is stated that the Government is not looking at the Test Positivity Rate (TPR) and has classified the districts for containment and restrictions, based on the hospital admissions in each of the districts. The classification as per the order dtd. 20/1/2022 is A, B and C and in none of such categories, Kasaragod falls. The learned State Attorney, on instructions, submits that in Kasaragod 250 beds are kept exclusively for COVID 19 patients, of which only 89 beds are now occupied, which is only 36%. As far as ICU beds, out of the 40 beds set apart, the present admission is only 7 which comes to 18%. Eleven ventilators have been kept ready for each districts of which, not one has been put to use for COVID 19 patients as of now. In such circumstances the Kasaragod District does not fall under any of the three categories. It is also submitted that the TPR in the different wards, of the District is only around 5. In such circumstances there is no reason to entertain the writ petition, is the submission. Due to paucity of time the learned State Attorney has produced the Government Orders referred to here, across the Bar. It is also submitted that on the basis of the present stipulation dtd. 20/1/2022 the Government Order dtd. 4/8/2021 would revive which permits the gathering of 150 persons.

(3.) Admittedly the infection is rising day by day and even as per the news reports it is scheduled to be highest by the 15th of February, 2022; the veracity of which we are not examining as of now. Suffice it to say that the Government cannot blow hot and cold by saying that they are not looking at the TPR are more concerned with the hospitalization; which is very minimal, as propounded by the State and again fall back upon the TPR to convince us of the minimal severity. Having negated TPR, the Government cannot again fall back upon the the TPR statistics to say that there could be public meetings conducted without any restrictions.