RAMAKRISHNAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The writ petitioner claiming that he is running a restaurant in the name and style of Kongu Hotel at Aathumedu, Palani Road, Vedachandur, Dindigul District and according to him, in the light of onset and spread of COVID-19 pandemic virus, the Government earlier passed orders prohibiting the functioning of the restaurants to the limited extent of giving take away (parcels) to the intended customers. However, the second respondent vide G.O.Ms.No.262, Revenue and Disaster Management Department, dated 31.05.2020, while extending the restrictions in the State of Tamil Nadu on 31.05.2020, somewhat diluted the functioning of the restaurants and as per Sub- clause IV(v), restaurants shall be permitted to function with effect from 08.06.2020 with dine-in facilities with 50% of the seating capacity maintaining social distancing, Air-conditioning shall not be used even it is available.

(2.) The learned counsel appearing for the petitioner would submit that though the said lifting of the partial restrictions, subject to the above conditions remains only on paper and almost all the restaurants are functioning with 100% capacity without adhering to social distancing norms and therefore, the petitioner is afraid that on account of the non-maintenance of the social distancing norms and non adherence of COVID-19 protocols, the spread of disease became fast and thick and therefore prays for appropriate orders for quashment of the said clause.

(3.) Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, accepts notice on behalf of respondents 1 to 5 and would submit that periodical monitoring is also done through Revenue Authorities and Police officials and if any infraction is noticed, strict action will be taken under the Disaster Management Act , 2005.