N.RAJKUMAR Vs. CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, who is a practicing Lawyer, seeking appropriate action on the part of the respondents towards the banning of spitting in public in tune with the provisions of The Prohibition of Smoking and Spitting Act, 2002, particularly, in the light of Pandemic situation.

(2.) Today, when the matter is taken up for hearing, Mr.R.Vijayakumar, learned Additional Government Pleader produced a Government Order in G.O.(Ms.) No.326, Health and Family Welfare (AB2) Department, dated 04.09.2020, by which, in exercise of power conferred under Section 138-A of the Tamil Nadu Public Health Act, 1939, relevant Rule has been framed indicating the punishment for non wearing of mask, violating social distancing and spitting in public places which reads as follows:- "THE RULE

(3.) Though the aforesaid rule has come into being, the learned counsel for the petitioner submitted that it has not been followed in letter and spirit. We have already issued appropriate directions earlier to the authorities in the State of Tamil Nadu to implement the provisions strictly. We only reiterate that the amended Rule which came into being pursuant to the above said Government Order dated 04.09.2020 will have to be implemented strictly by the respondents. Due publicity will have to be given on the Rule and the action that is likely to be taken.