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Karnataka High Court
Sri Mathew Thomas vs The Government Of India on 26 May, 2021
Author: Chief Justice Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2021
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NO.9242 OF 2021 (GM-RES-PIL)
BETWEEN:
- SRI MATHEW THOMAS S/O LATE T.P.JOHN AGED ABOUT 82 YEARS RESIDENT OF NO.2, 'ARISTOS', SOBHA CITY THANISANDRA MAIN ROAD BENGALURU-560 064.
- SRIRAM M.S S/O SUNDHARARAGHVAN R/A NO.304, SKYLAND GOLDEN RACE KEG NAGAR BANGALORE - 560018.
- MR. NISWARTH KOCHAR R/AT FLAT A 602 ND PASSION APARTMENTS SILVER COUNTRY ROAD KUDLU, BANGALORE KARNATAKA - 560068. ... PETITIONERS (BY SRI NITIN A.M, ADVOCATE)
AND:
- THE GOVERNMENT OF INDIA REPRESENTED BY THE SECRETARY 2
MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO.348, 'A' WING NIRMAN BHAVA NEW DELHI - 110011.
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- STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560001.
- INDIAN COUNCIL OF MEDICAL RESEARCH DIRECTOR GENERAL ICMR ADDRESS: V RAMALINGASWAMI BHAWAN P.O BOX NO.4911, ANSARI NAGAR NEW DELHI - 110029.
- CENTRAL DRUGS STANDARD CONTROL ORGANIZATION REP BY THE DRUG CONTROLLER GENERAL OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DIRECTORATE GENERAL OF HEALTH SERVICES GOVERNMENT OF INDIA FDA BHAVAN ITO, KOTLA ROAD, NEW DELHI - 110002.
... RESPONDENTS (BY SHRI S SHIVAKUMAR CGC FOR R1; SHRI DHYAN CHINNAPPA, AAG ALONG WITH SMT.PRATHIMA HONNAPUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.01 AND 02 TO TAKE APPROPRIATE STEPS TO DIRECT ALL HOSPITALS TO CONDUCT AUTOPSY IN ORDER TO ATTRIBUTE THE CAUSE OF DEATH IN ACCORDANCE WITH THE AEFI SURVEILLANCE AND RESPONSE GUIDELINES,2015 AND ETC. 3
THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
At the outset, we must note here that this Court is dealing with various issues arising as a consequence of the first and second waves of COVID-19. This Court has already passed orders running into more than 800 pages from March 2020 in Writ Petition No.6435 of 2020 dealing with various issues of public importance such as the issue of rights of migrants, the issue of food security to the vulnerable sections of the society, the issue of non-availability of oxygen, vaccines, etc. Though all the issues are being dealt with by this Court in an exhaustive manner, the litigants are filing multiple petitions dealing with the same issues.
want to withdraw the petition. However, he stated that the petitioners have instructed him to argue the petition.
- Hence, we decline to entertain the petition only on the ground that it is not filed in public interest. Therefore, this is a fit case to impose costs. In fact, this is a fit case to impose exemplary costs as the hearing of this petition has consumed 45 minutes which could have been devoted to many important issues which we wanted to consider today in the main matter such as non-availability of oxygen, food security to the vulnerable sections of the society, etc. Considering the fact that the first petitioner is a retired Army officer, we propose to impose costs payable only by the second and third petitioners quantified at Rs.50,000/-. We had given an option to the learned counsel for the petitioners to tell us to which Fund the costs amount should be transferred. However, he has left it to the Court.
- Accordingly, we pass the following order:
ORDER
(i) We dismiss this petition only on the ground that it is not filed in public interest;
(ii) We direct the second and third petitioners to pay costs quantified at Rs.50,000/- (rupees fifty thousand) to the Chief Minister's Relief Fund (COVID-19);
(iii) The costs amount shall be paid within a period of one month from today;
(iv) We direct that the petition shall be listed on 28th June, 2021 under the caption of Orders for reporting compliance regarding payment of costs.
Sd/-
CHIEF JUSTICE Sd/-
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