Srijit R. Das vs The Secretary
2021 Latest Caselaw 624 Ker

W.P(C).No.351/2021-T               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                       WP(C).No.351 OF 2021(T)


PETITIONER:

               SRIJIT R. DAS
               AGED 49 YEARS
               S/O.RISHINDRA DAS, SREEMANAGALATHU, KALLUMMOODU,
               KAYAMKULAM, ALAPPUZHA.

               BY ADVS.
               SRI.R.SUNIL KUMAR
               SMT.A.SALINI LAL

RESPONDENTS:

       1       THE SECRETARY
               DISASTER MANAGEMENT (A) DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

       2       THE DIRECTOR,
               DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL
               JUNCTION, THIRUVANANTHAPURAM-695035.

       3       THE DISTRICT COLLECTOR,
               COLLECTORATE, ALAPPUZHA-688001.

       4       THE CHAIRMAN,
               DISASTER MANAGEMENT AUTHORITY, COLLECTORATE,
               ALAPPUZHA-688001.

       5       THE MEDICAL OFFICER (HEALTH),
               DISTRICT MEDICAL OFFICE (HEALTH), KOTTARAM
               BUILDING, ALAPPUZHA-688011.


               SMT.VINITHA.B, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.351/2021-T                       2




                                     P.V.ASHA, J.
                  -----------------------------------------------------
                             W.P(c) No.351 of 2021 - T
                   ----------------------------------------------------
                      Dated this the 7th day of January, 2020

                                 JUDGMENT

The petitioner, who is working in Qatar as an Electrical Engineer, has landed

in Cochin International Airport on 31.12.2020. It is stated that he has already

undergone RTPCR test which found him negative as per Ext.P3 on 31.12.2020 on

arrival at the Airport. He has undergone home quarantine at Kayamkulm. The

learned counsel for the petitioner submits that the petitioner is again found

negative on 06.01.2021, i.e on the 7th day of arrival. But seeing that Ext.P4

circular has been issued by the 5th respondent, the petitioner has approached this

Court apprehending that he will have to undergo quarantine again for another

period of 7 days despite his report being negative.

2. The learned Government Pleader on instructions submits that as far as

the petitioner is concerned, since he has undergone RTPCR test at Oman before

boarding the flight as well as at the Cochin International Airport on 31.12.2020

and again on 06.01.2021, the petitioner need not undergo quarantine again. It is

also pointed out that Ext.P4 has been issued in public interest in order to see that

there is no super spread of Covid 19.

3. At any rate, as per the revised guidelines for international arrival

issued by the Central Government on 05.11.2020, the petitioner need not undergo

quarantine again.

Recording the same, the Writ Petition is disposed of.

                                                    Sd/-       (P.V.ASHA, JUDGE)

rtr/





                           APPENDIX


PETITIONER'S EXHIBITS:



EXHIBIT P1             COPY OF THE PASSPORT OF THE PETITIONER.

EXHIBIT P2             COPY OF THE FLIGHT TICKET OF THE
                       PETITIONER.

EXHIBIT P3             COPY OF COVID-19 NEGATIVE REPORT DATED
                       31.12.2020.

EXHIBIT P4             COPY OF THE CIRCULAR ISSUED BY THE 5TH
                       RESPONDENT.

EXHIBIT P5             COPY OF THE GOVERNMENT ORDER ISSUED BY THE
                       1ST RESPONDENT DATED 22.9.2020.

EXHIBIT P6             COPY OF THE CLARIFICATION ORDER ISSUED BY
                       THE 1ST RESPONDENT DATED 26.9.2020.