R. MUTHUKRISHNAN Vs. GOVERNMENT OF TAMIL NADU, CHENNAI

JUDGEMENT

(1.) In this writ petition, G.O.Ms.No.326, Health and Family Welfare (AB2) Department, dated 04.09.2020 (G.O.Ms. No.326), is challenged. By G.O.Ms.No.326, rules were framed pursuant to powers conferred by Sections 1, 3 and 8 of the Tamil Nadu Public Health Act, 1939 (the TN Public Health Act). Under the said rules, offences punishable under Subsection (2) of Section 76 of the TN Public Health Act were declared as compoundable upon payment of fine as stipulated therein. The Petitioner also seeks a consequential order of refund of the amount collected as fine in respect of the above mentioned compoundable offences.

(2.) Section 76 of the TN Public Health Act deals with the power of the State Government to confer special powers on officers to control a notified disease. The COVID-19 pandemic was declared as a notified disease in the State of Tamil Nadu under G.O.Ms.No.95, Heath and Family Welfare (P1) Department, dated 13.03.2020 (G.O. Ms. No.95), by exercising powers under Section 62 of the TN Public Health Act. Pursuant thereto, by G.O.Ms.No.96, Health and Family Welfare (P1) Department, dated 15.03.2020, in terms of Section 76(1)(a) of the Public Health Act, it was declared that there is a threat of out-break of COVID-19 in the State of Tamil Nadu. Thereafter, the TN Public Health Act was amended by the Tamil Nadu Ordinance No.10 of 2020 which was published in the Tamil Nadu Government Gazette dated 04.09.2020. The said ordinance was subsequently replaced by an enactment. Under the said ordinance/enactment, several provisions of the TN Public Health Act were amended. In particular, Section 76(2) was substituted by the following: 4. In section 76 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-

(3.) The impugned rule was issued pursuant to the amendment to the TN Public Health Act. As stated earlier, the impugned rule declares the offences under Section 76(2) as compoundable offences. The present writ petition is filed by way of a public interest litigation in these facts and circumstances.