P.T.Radhakrishnan vs The State Of Kerala
2021 Latest Caselaw 15203 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                   &
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                        WP(C) NO. 14452 OF 2021
PETITIONER:

          P.T.RADHAKRISHNAN
          AGED 50 YEARS,S/O.THANKAPPAN PILLAI,
          RAJINI VIHAR-41/614, PADIVATTOM,
          EDAPPPALLY PO, ERNAKULAM, PIN-682 024.

          BY ADVS.
          M.R.NANDAKUMAR
          MAYIKA SUNDAR
          ARJUN ANIL
          KRISHNA MOHAN P.



RESPONDENTS:

1             THE STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY,
              GOVERNMENT OF KERALA, SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

2             THE SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT,
              GOVERNMENT OF KERALA, SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

3             THE CONTROLLER OF DRUGS,
              OFFICE OF THE DRUGS CONTROLLER, RED CROSS ROAD,
              THIRUVANANTHAPURAM - 695 015.

              SRI.N.MANOJ KUMAR, STATE ATTORNEY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.14452 of 2021-S
                                        2


                                   JUDGMENT

Dated this the 20th day of July, 2021

S. Manikumar, C.J.

Instant writ petition is filed with the following prayers:

"i. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding respondent Nos. 1 to 3, viz., State of Kerala, represented by the Chief Secretary, Thiruvananthapuram; the Secretary to Health and Family Welfare Department, Government of Kerala, Thiruvananthapuram; and the Controller of Drugs, Thiruvananthapuram, to ensure that masks distributed in the society are those that actually can afford protection from Coronavirus.

ii. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 3 to see that genuine masks are being supplied in the State of Kerala.

iii. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents to pass appropriate orders on Exhibit P1 representation dated 8.7.2021, forthwith."

2. The grievance voiced by the petitioner is that there is no quality

specification prescribed for the masks. Masks are widely used by the

public, in the State of Kerala. There are several types of masks, viz., N95,

Surgical, 3 ply, and cotton masks, in different shapes and colours. W.P.(C)No.14452 of 2021-S

3. According to the petitioner, it has now been advised that N95

and Surgical masks are the only ones, which will give the desired

protection from the hazardous virus. A common man cannot ensure that

an N95 mask have quality.

4. The concern of the petitioner is that the Government have not

instructed the public, as to which type of mask should be worn.

5. Petitioner has also averred that most of the N95 and Surgical

masks are printed with certification marks like "ISI", "FDA", "NIOSH", and

are fake and low quality. The unhygienic and low-quality mask gives an

opportunity for the continuity of diseases.

6. Petitioner has further stated that stating all these reasons, he

has submitted a representation dated 8.7.2021 (Exhibit-P1) to the

respondents, but no action has been taken so far.

7. According to him, it is the duty of the respondents to ensure

that people are wearing mask that will really protect them from

Coronavirus and other viral attacks, which are spreading and thus, the

State can prevent COVID-19 pandemic. Hence, this writ petition.

8. Heard learned counsel for the petitioner and perused the

material on record.

9. Petitioner has projected a case as if the public are not aware of

the kind of mask to be worn. Even going by the averments, it is the case W.P.(C)No.14452 of 2021-S

of the petitioner that it has been advised that N95 and Surgical masks

are the ones, which would give the desired protection from the virus.

10. When several manufacturers sell their products in the market,

it is for the buyer to ascertain from the shops about the quality of the

mask and purchase the same. There are no materials to support the

contentions raised by the petitioner. Government is taking various steps

to prevent the spread of COVID-19 pandemic.

11. On the averments made by the petitioner, we see no failure on

the part of the State, in providing health facilities to the public, in so far

as mask is concerned. There is no violation of Article 21 of the

Constitution of India.

In the light of the above, writ petition is dismissed. No costs.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P. Chaly Judge vpv W.P.(C)No.14452 of 2021-S

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 08.07.2021 TO THE RESPONDENTS.

/TRUE COPY/

P.A. TO JUDGE