SUO MOTU PROCEEDINGS INITIATED Vs. STATE OF KERALA
LAWS(KER)-2022-2-80
HIGH COURT OF KERALA
Decided on February 21,2022

Suo Motu Proceedings Initiated Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

S.MANIKUMAR,CJ. - (1.)On this day, when the matter came up for further hearing, inviting the attention of this Court to various Government Orders issued by the Disaster Management (A) Department, Government of Kerala, from 4/2/2022 to 16/2/2022, Mr.K.Gopalakrishna Kurup - learned Advocate General, submitted that taking into consideration of the spread of Omicron variant of COVID virus, restrictions imposed have been reduced.
(2.)For brevity, we deem it fit to re-produce the said Government Orders:
Government Order dtd. 4/2/2022 GOVERNMENT OF KERALA Abstract Disaster management - Restrictions imposed in the State in relation to containment of Covid -19- Revised Guidelines being issued. Disaster Management (A) Department G.O(Rt) No. 109/2022/DMD dated, Thiruvananthapuram, 4/2/2022

Read: 1. G.O.(Rt) No. 68/2022/DMD dtd. 20/1/2022 2. G.O.(Rt) No. 81/2022/DMD dtd. 24/1/2022

ORDER

The spread of Omicron variant of Covid Virus is increasing in the State. In the said circumstances, in continuation of the above referred Orders, it is hereby ordered to issue the following guidelines in exercise of the powers conferred on the Chairman of the State Executive Committee of the Disaster Management Authority in accordance with provisions of Sec. 20 (3) of the Disaster Management Act.

1) Restrictions which were imposed on 23rd and 30th of January will continue to be in force on 6th February, Sunday. Essential Services permitted as per reference (1) above can be permitted on this day.

2) Permission can be granted for educational institutions to start offline classes from 7th of February for standards 10, 11 and 12, graduate and postgraduate classes and tuition classes

3) Permission can be granted in all districts to conduct offline Classes from 1 to 9 and Creches and kindergarten from 14th February.

4) In all districts, permission can be granted for entry up to a maximum of 20 persons in to places of worship. On Sunday, February 6th also, prayers can be permitted in places of worship with a participation of maximum of 20 persons

5) On the occasion of Attukal Pongala, 200 persons can be permitted for functions in the temple premises. Attukal Pongala will be permitted to be held in their own respective homes like last year.

6) Order referred to as (1) above must be implemented by District Disaster Management Authorities with the above modifications, in accordance with the revised classifications by the Health Department of A B and C category districts

By order of the Governor Dr. V.P. Joy Chief Secretary Government Order dtd. 11/2/2022 GOVERNMENT OF KERALA Abstract Disaster management - Restrictions imposed in the State in relation to containment of Covid -19- Revised Guidelines being issued.

Disaster Management (A) Department G.O(Rt) No. 138/2022/DMD dated, Thiruvananthapuram, 11/2/2022 Read: 1. G.O.(Rt) No. 68/2022/DMD dtd. 20/1/2022

2. G.O.(Rt) No. 81/2022/DMD dtd. 24/1/2022

3. G.O.(Rt) No. 109/2022/DMD dtd. 4/2/2022 Order The spread of Omicron variant of Covid Virus is increasing in the State. In the said circumstances, in continuation of the above referred Orders, it is hereby ordered to issue the following guidelines in exercise of the powers conferred on the Chairman of the State Executive Committee of the Disaster Management Authority in accordance with provisions of Sec. 20 (3) of the Disaster Management Act

1) All religious functions, inclusive of Aluva Shivaratri, Maramon Convention and Attukal Pongala, can be held with participation up to a maximum of 1500 persons. The total permissible participation for each function has to be decided by the respective District Collectors at the rate of one person per 25 square feet.

2) Apart from what is stated as 1 above, Attukal Pongala shall be restricted to homes, as in the previous year, and will not be permitted in roads.

3) Entry will be restricted to those aged above 18 years and have either RT PCR negative certificates issued within 72 hours or those who have tested positive 4 in the previous three months and have certificate regarding the same. A symptomatic Persons below 18 can participate along with their family members.

4) It must be ensured that all participants are using masks. Food articles must not be distributed in the Pantal. It must be ensured that organisers of public functions are following Covid protocol

By order of the Governor

Dr. V.P. Joy

Chief Secretary

Government Order dtd. 16/2/2022

GOVERNMENT OF KERALA

Abstract

Disaster management - Restrictions imposed in the State in relation to containment of Covid - 19 - cancellation of work from home - orders issued.

Disaster Management (A) Department G.O(Rt) No. 154/2022/DMD dated, Thiruvananthapuram, 16/2/2022

Read: 1. G.O.(Rt) No. 40/2022/DMD dtd. 14/1/2022

2. G.O.(Rt) No. 68/2022/DMD dtd. 20/1/2022

3. G.O.(Rt) No. 81/2022/DMD dtd. 24/1/2022

Order

As per the orders referred to above, certain categories of personnel in government and private institutions were permitted to work from home. The said relaxation is hereby withdrawn with effect from the date of this order.

By order of the Governor

Dr. A. Jayathilak IAS "

(3.)Mr.K.Gopalakrishna Kurup - learned Advocate General, also invited attention of this Court to the notice dtd. 16/2/2022 issued by the High Court of Kerala, following the decision of the Hon'ble Full Bench of this Court. The said notice is re-produced hereunder:
THE HIGH COURT OF KERALA Kochi:682 031

Date: 16/2/2022

A7-3845/2022 NOTICE

Sub: Functioning of High Court - arrangement in view of surge in Covid cases - instructions issued - reg.

Ref: High Court Notice of even number dtd. 15/1/2022

It is hereby informed that arrangements with regard to the hearing of cases in the High Court, made in view of the surge in Covid- 19 cases in the State, vide notice cited, will continue for the next one month or till Test Positivity Rate (TPR) of Covid - 19 pandemic goes down to 10%, whichever is earlier.

(By Order)

Sd/-

P.Krishna Kumar

Registrar General



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