[COVID-19] Madras HC Allows Political Parties, NGOs And Individuals To Distribute Relief Materials To Poor With Riders [Read Judgment]

The directions have been issued by a division bench of Justice R. Subbiah and Justice R. Pongiappan in a writ petition moved by the principal opposition party in Tamil Nadu, Dravida Munnetra Kazhagam (DMK).

Through its petition, the DMK had assailed the legality of a Press Release issued by the Information and Public Relations Department of the state requiring all such people/ organization, engaged in distributing essential commodities, to seek prior permission from the District authorities.

The press statement further stipulated that the items for distribution to the public should be handed over to the Corporation Commissioner or President or Executive Officers or Block Development Officer of the Town Panchayats.

"We also do not see any irrationality or arbitrariness in requiring the individual or group of individuals from seeking prior permission from the authorities concerned. At the same time, the requirement to handover the food items to the Commissioner or other instrumentalities of the Government is not well founded".

The observation was made in the backdrop of submissions made by the Advocate General that often the organizers gather huge crowd during the distribution of food and other items, increasing the likelihood of spread of the disease.

"Having regard to the magnitude of the situation, which the State is presently combating, it is very much essential that the organisers or the beneficiaries must strictly adhere to certain norms with a view to regulate the distribution of food and other items. Such a condition was issued only to ensure that there will not be any further spread of the malevolent disease," the bench added.

The court however held the other stipulation with regard to handing over the items for distribution to the Commissioner or other instrumentalities of the Government was not "well founded". In view thereof, the following directions have been issued for distribution of food and other items:

• "The petitioner organisation or other similar organisation, nongovernmental organisations, individuals or group of individuals shall intimate the District authorities concerned, as already notified by the government, 48 hours in advance prior to distribution of food and other materials to the poor
• As far as distribution of food is concerned, on receipt of such intimation, the Food Safety Officer concerned shall cause an inspection of the place where the food is likely to be distributed with respect to the health condition of the person (s) who is/are engaged in preparation of the food as well as the quality of the food to be served. After the Food Safety Officer is satisfied with the above norms, the petitioner party can proceed with the distribution of food
• It is made clear that the preparation and distribution of food has to be effected within the zone, in respect of Corporation limits and within the police Station limits in rural areas. However, there shall not be any distribution of food within the areas earmarked as 'hot spots' by the Government.
• It is further made clear that the distribution of the food has to be completed within a time to be specified. However, in case, if the distribution of food could not be completed within the time, the District authorities can consider extending the time on their discretion by one or two hours.
• The place where the food is likely to be served has to be sanitised by the authorities concerned prior to effecting distribution so that it will be fit for such distribution of food
• The State can deploy police officials to regulate the recipient of food
• The State shall permit three organisers, excluding the driver, who organise the distribution of food, along with an elected representative, to be present at the venue
• More than three persons shall not travel in one vehicle to carry the food items to the place of distribution and they shall strictly adhere to the preventive measures announced by the Government in exercise of powers under Section 144 of the Code of Criminal Procedure.
• The petitioner organisation or other similar organisation, nongovernmental organisations, individuals or group of individuals shall strictly ensure that social distancing norm is followed during distribution of food and there is no deviation, whatsoever
• It is well open to the District authorities to impose such other condition (s) that may be reasonable to ensure that the distribution of food is effected without deviation of any of the norms."

The DMK through Senior Advocate P. Wilson had argued that the restrictions imposed by the government were unreasonable, arbitrary and illegal.

Case Details:

Case Title: Dravida Munnetra Kazhagam v. State of Tamil Nadu & Ors.

Case No.: WP No. 7458/2020

Quorum: Justice R. Subbiah and Justice R. Pongiappan

Appearance: Senior Advocate P. Wilson (for Petitioner); Advocate General Vijay Narayan assisted by Additional Advocate General SR Rajagopal, Government Pleader V. Jayaprakash Narayanan and Special Government Pleader E. Balamurugan

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