Page 109 - GSTL_21st May 2020_Vol 36_Part 3

2020 ] CHOE JAE WON v. PR. SECRETARY, GOVT. OF TAMIL NADU (FAC) 355
2019 and H.C. P. No. 2776 of 2019, respectively. The said cases were posted for
hearing on 26th March 2020, at the instance of the 2nd Respondent, to file coun-
ter. However, due to the prevailing pandemic, the said cases could not be listed.
8. It is the case of the Petitioners that, the 2nd Respondent has complet-
ed the investigation and filed a Complaint before the Additional Chief Metropol-
itan Magistrate, Chennai, which is numbered as EOCC No. 1 of 2020. Hence, they
seek permission of this Court to allow them to stay at Belchem 804, Hiranandini
Post, Oragadam, Kancheepuram, on the grounds that, the Authorities in the Spe-
cial Camp at Tiruchirapalli have not taken proper measures of spraying any dis-
infectant in the Camp and that, social distancing is not properly maintained
there.
9. Learned Counsel for the Petitioners submitted that, pendency of the
Habeas Corpus Petitions filed by the Petitioners is not a bar for this Court to hear
the present Writ Petitions and in case, these Writ Petitions are dismissed only on
the ground of alternative remedy, then, it may give rise to another round of liti-
gation. It is his contention that, the Special Camp in Tiruchirapalli District, where
the Petitioners are detained, can accommodate only 40 persons, whereas, nearly
80 persons are detained. According to him, the said Camp is not conducive for
the inmates to stay safely, as, if anyone in the said Camp is infected with COVID-
19, lives of other persons detained there, will be put to threat.
10. It is further submitted by the Learned Counsel for the Petitioners
that, the Petitioners herein ensure that, they will abide by the conditions imposed
by this Court, and that, they will not move from Kancheepuram District, till
normalcy is back, and thereafter, they are willing to come back to the Special
Camp in Tiruchirapalli District.
11. Learned Additional Advocate General appearing for Respondents
1, 3 and 4, highly objecting to the contentions of the Learned Counsel for the Peti-
tioners, submitted that, at present, none detained in the Special Camp in Tiruchi-
rapalli District is infected with COVID-19 and that, safety measures are taken by
the Authorities. He further submitted that, there are 40 rooms available in the
Special Camp in Tiruchirapalli District, wherein, 73 inmates are confined and
that, sufficient space is available to maintain social distancing norms among the
inmates. According to him, Petitioners alone cannot be shown any indulgence by
permitting them to reside in their respective residences, and in the event of
granting the relief sought by the Petitioners, there is every possibility of other
inmates knocking at the doors of this Court seeking similar relief, in which event,
a different yardstick cannot be applied.
12. On behalf of Respondents 1, 3 and 4, counter Affidavits have been
filed in both Writ Petitions. Relevant portions of the same are extracted hereun-
der :
“4. With reference to the averments made in (i) and (iv) in the
grounds of the affidavit, it is submitted that Mobile Medical Unit has al-
ready visited the Special Camp and checked all the inmates for any symp-
toms of COVID-19 on 28-3-2020 and none was affected in the camp. The
present strength of the inmates of the camp is 73 and there is sufficient
space available in the camp to maintain the social distancing norms in view
of COVID-19 outbreak.

GST LAW TIMES  21st May 2020  109