Madras High Court
M.Thavamani vs Chief Secretary To Government Of ... on 1 December, 2021
H.C.P.(MD)Nos.SR15120 and 15176 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
H.C.P.(MD)Nos.SR15120 and 15176 of 2021
and
Crl.M.P(MD)Nos.SR15121, 15444, 15177, 15178 and 15443 of 2021
M.Thavamani .. Petitioner in both petitions
Vs.
1.Chief Secretary to Government of India,
Tamilnadu,
Secretariat,
Chennai-600 009. .. 1st Respondent in both petitions
2.Home Secretary to Government of India,
North Block,
New Delhi-110 001. .. 2nd Respondent in both petitions
COMMON PRAYER: Two Habeas Corpus Petitions with similar relief filed
under Article 226 of the Constitution of India to issue a Writ of Habeas
Corpus, to call for the records of G.O(Ms).No.371 dated 08.05.2021, G.O.
(Ms)No.386 dated 22.05.2021, G.O(Ms)No.394 dated 05.06.2021,
1/8
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H.C.P.(MD)Nos.SR15120 and 15176 of 2021
G.O(Ms)No.401 dated 13.06.2021 and others pertaining corona virus and
declare them as null and void as per Article 13 (2), (3), 14, 19 (d), (e), (g)
thus protecting the petitioner's life and personal liberty in accordance with
Article 21 of the Constitution and directing the respondent to pay the
petitioner a monetary compensation of Rupees 5 lakhs allowing these
petitions with cost.
In both petitions:
For Petitioner : Party-in-person
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
COMMON JUDGMENT
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
The Party-in-person appeared before this Court filing these Habeas
Corpus Petitions to declare the orders issued by the Government
pertaining to Corona epidemic restriction as unconstitutional, null and
void against Article 21 of the Constitution of India and also seek
monetary compensation of Rs.5,00,000/-(Rupees Five lakhs only) since
the lock-down has not only crippled his fundamental right but also
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H.C.P.(MD)Nos.SR15120 and 15176 of 2021
crippled his income. Since the Registry has rightly found that these
petitions are not maintainable, returned it thrice, however, the petitioner-
in-person not being convinced, quoting all the judgments of the Courts
pertaining to Habeas Corpus Petition, has insisted for hearing and thus, he
is before us today.
2. Before adverting to the content of his affidavit, this Court wanted
to ensure whether the petitioner herein had really come to this Court with
any public interest or he is a busybody have no other work but to waste
the Court time. Hence, the petitioner-in-person was enquired about his
back ground. He replied that he is a diploma holder discontinued B.E.
Course, now aged about 63 years. He also claims though he was
employed in Electricity Board for two years, later resigned. He is not
ready to disclose, why he resigned and when he resigned, He further
claims that he is doing contract work for Electricity Board, but he is not a
registered contractor.
3. With these background, he claims that the Covid-19 virus and its
variants are not deadly disease, but curable in ordinary course, if the
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H.C.P.(MD)Nos.SR15120 and 15176 of 2021
health department is vigilant and gives proper health care to the public.
Instead of doing as he suggest, the Government has passed impugned
orders violating the Fundamental Rights enshrined under Article 226 of
the Constitution of India, therefore, same to be declared unconstitutional.
4. When this Court posed a question whether he is conversant with
the Disaster Management Act, 2005, its scope and ambit, the petitioner-in-
person answered in affirmative. This Court, after being satisfied that, he is
a busybody come to this Court only for the sake of publicity warned him
that he cannot waste the Court time by filing such frivolous petitions.
Despite that, repeatedly he made the same submission, which is oppose to
common sense. Mocking the sincere efforts taken by the State to curb the
pandemic, he was condemning the preventive measures taken by the State
Government and Central Government to curtail the spread of Pandemic.
5. This Court firmly believes that the attitude of persons like the
petitioner herein is detrimental to the selfless service rendered by the
Doctors, health workers and other Covid warriors, who have lost their
lives while treating Covid patients. Unless busybody like the petitioners
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H.C.P.(MD)Nos.SR15120 and 15176 of 2021
herein are punished for their senseless activity, approaching the Court
with frivolous petitions, this Court fears that the sacrifice of the selfless
people will go in vain.
6. The Hon'ble Supreme Court in the case of Dr.B.Singh vs. Union
of India, reported in AIR 2004 SC 1923 heavily condemned the practice
of filing a Public Interest Litigation for a cheap popularity. The said
judgment has been followed by a Division Bench of this Court,
comprising one of us (SVNJ) in K.R.Ramaswamy vs. Secretary,
reported in MANU/TN/2118/2014, which has been upheld by the
Supreme Court on 05.12.2014. The relevant paragraph of the judgment of
the Supreme Court, reported in AIR 2004 SC 1923 (supra) is extracted
hereunder:
“12. Public interest litigation is a weapon which has to
be used with great care and circumspection and the judiciary
has to be extremely careful to see that behind the beautiful veil
of public interest an ugly private malice, vested interest and/or
publicity seeking is not lurking. It is to be used as an effective
weapon in the armory of law for delivering social justice to the
citizens. The attractive brand name of public interest litigation
should not be allowed to be used for suspicious products of
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H.C.P.(MD)Nos.SR15120 and 15176 of 2021
mischief. It should be aimed at redressal of genuine public
wrong or public injury and not publicity oriented or founded
on personal vendetta. As indicated above, Court must be
careful to see that a body of persons or member of public, who
approaches the court is acting bona fide and not for personal
gain or private motive or political motivation or other oblique
consideration. The Court must not allow its process to be
abused for oblique considerations by masked phantoms who
monitor at times from behind. Some persons with vested
interest indulge in the pastime of meddling with judicial
process either by force of habit or from improper motives and
try to bargain for a good deal as well to enrich themselves.
Often they are actuated by a desire to win notoriety or cheap
popularity. The petitions of such busy bodies deserve to be
thrown out by rejection at the threshold, and in appropriate
cases with exemplary costs.”
7. Under the guise of PIL, these Habeas Corpus Petitions have been
filed. Hence, both these Habeas Corpus Petitions are dismissed as not
maintainable. Further, cost of Rs.1,50,000/-(Rupees One lakh and fifty
thousand only) imposed on the petitioner-in-person to be paid within
fifteen days from today, to the credit of Covid-19 Ward at Government
Rajaji Medical College Hospital, Madurai. If the petitioner fails to pay the
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H.C.P.(MD)Nos.SR15120 and 15176 of 2021
cost within the given time, the District Collector of Madurai is authorised
to recover the same under the Revenue Recovery Act, 1890.
[S.V.N.,J.] [G.J.,J.]
01.12.2021
Index : Yes / No
Internet : Yes / No
PJL
Note: Issue order copy on 06.12.2021
Note:In view of the present lock down
owing to COVID-19 pandemic, a web copy
of the order may be utilized for official
purposes, but, ensuring that the copy of the
order that is presented is the correct copy,
shall be the responsibility of the
Advocate/litigant concerned.
To:
The District Collector,
Madurai.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
H.C.P.(MD)Nos.SR15120 and 15176 of 2021
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
PJL
H.C.P.(MD)Nos.SR15120 and
15176 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
