A Division Bench of the Madras High Court comprising Chief Justice Sanjib Banerjee and Justice Senthil Kumar Ramamoorthy- has observed that granting compensation to the relatives of COVID deceased person is an executive function, and the Court cannot issue a Writ of mandamus to grant compensation to COVID victims because it is a matter of policy which the State can decide. (R. Bhoomiraj v. Chief Secretary, Tamil Nadu)
“The Court cannot issue a mandamus directing all Covid victims to be compensated, irrespective of the financial position that the families may be in.”
Background of the Case
This petitioner filed a Petition under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the State to devise a scheme to award a compensation of adequate and necessary amount and for granting and providing other relief measures to the kith and kins of the Covid-19 dead family, for the welfare of the children of both parents who unfortunately succumbed to Covid-19 Pandemic death.
Reasoning and Decision of the Court
The Court considered all the facts and reiterated that it has become a habit in this Court to invoke the extraordinary jurisdiction under Article 226 of the Constitution by way of public interest litigation, sometimes for self-publicity, to seek extraordinary orders that the judiciary may just not be competent to pass. On the petitioner’s contention regarding issuing of a Writ of Mandamus to the executive, the Court held that,
“It is a matter of policy as to whether a State decides to extend relief or to what extent, to persons affected by any calamity or disaster. The Court cannot issue a mandamus directing all Covid victims to be compensated, irrespective of the financial position that the families may be in.”
The Court was of the view that Granting compensation to the relatives of the Covid succumbed person is purely an “Executive Function” that has to be taken on the basis of the policy of the government of the day. It is best that such matters are left to the executive without interference by Courts.
The Court disposed of the petition without imposing any cost on it.
Case Details
Case: - W.P.No.12444 of 2021
Petitioner: - R.Boomiraj
Respondent: - The Chief Secretary & Ors.
Counsel for Petitioner: - Mr.R.Krishnamurthy
Counsel for Respondent: - Mr.R.Shanmughasundaram, Mrs.A.Srijayanthi
Judge: Chief Justice Sanjib Banerjee and Justice Senthil Kumar Ramamoorthy
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