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2020 DIGILAW 702 (MAD)

P. Arularasu v. Chief Secretary, Govt. of Tamil Nadu, Chennai

2020-04-03

R.SURESH KUMAR, VINEET KOTHARI

body2020
JUDGMENT (Prayer: Writ petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to provide relief measures to the public those who do not have family ration card, on the basis of Aadhar Card or Driving Licence or any other Identity issued by the competent authority.) Dr. Vineet Kothari, J. 1. Heard Mr.P.Arularasu, party-in-person and Mr.P.H.Arvind Pandian, learned Additional Advocate General. 2. Issue Notice. 3. We have taken up this writ petition for hearing through Video Conferencing in view of the lockdown announced by the State Government and the country wide lockdown announced by the Hon'ble Prime Minister in view of COVID-19 threat perception and as the usual working of the Courts is not taking place under the various circulars issued by High Court and the present Division Bench as per the assigned Roaster by the Hon'ble Chief Justice, has made arrangements for hearing of the present petition through Video Conferencing, sitting at respective residence offices and connected on "ZOOM" platform to connect to the concerned counsels or party-in-person through the technology support of Registry and Technicians. 4. In this writ petition, the prayer made by the petitioner is that the food grains etc., to be distributed by the State Government to the persons those who do not have the Ration cards should be made on the basis of their other identity cards like Aadhar Cards or Driving Licenses or other authorised Identity cards issued by the competent authority, particularly to the members of migrant workers, Community Drivers and Construction Workers who are working in the unorganised sectors within the State of Tamil Nadu and that they should be given these items maintaining the norms of social distancing at the nearest Distribution centres opened by Civil Supplies Department in view of Article 21 of the Constitution of India rights available to them. 5. The learned Additional Advocate General has submitted that, G.O.No.77, dated 27.03.2020 has already been issued by the State Government for giving 15 Kgs of Rice, 1 Kg of Dhal and 1 Kg of Edible Oil as one time food supply to these class of persons also, who do not have any Ration Card made in the State. This also includes the other persons who are residents of the State but do not have the Ration cards. This also includes the other persons who are residents of the State but do not have the Ration cards. However, he submitted that supply of these items to these persons is to be made through the office of the District Collector concerned. 6. Having heard the learned counsels, we are of the opinion that to require these persons of unorganised sector like construction workers, daily wagers and and migrant workers to approach the District Collector office, for taking their food supplies would cause them unnecessary inconvenience and may breach the norms of social distancing because no time slots are fixed for them. 7. Therefore in these circumstances, we direct that the State should distribute these food packets of essential food grains to such persons also, at the same Distribution counters or centres, through which the Civil Supplies Department is making distribution of the food grains to the persons who are holding Ration cards. A separate records of these persons can be maintained by these Centres also, which can be transmitted to the office of the District Collector concerned on day to day basis to avoid any repetitive supply to the same person of this nature, for the given period. 8. The learned Additional Advocate General may immediately pass on a copy of this order to the Chief Secretary of the State and the concerned Departments of the State, for effective compliance and make a compliance Report along with the counter to this petition on the next date of hearing. List this matter on 09.04.2020.