The special division bench comprising Justices RSubbiah and R Pongiappan directed the party to obtainpermission from the Food Safety Officer concerned, 48 hoursprior to distribution of essentials to the needy.
It then disposed of the PIL by R S Bharathi, DMKorganizing secretary, challenging a communique of thegovernment, restraining political parties, charitableorganisations and NGOs from distributing essential items likegroceries and vegetables during the lockdown directly withoutthe involvement of state machinery.
The petitioner sought a direction to forbear authoritiesfrom in any way interfering with the public welfare measuresincluding distribution of cooked food, groceries, medical kitsand so on to the needy in the state during the lockdown.
After hearing the arguments of counsels of the petitionerand the state government, it said, "we are of the view that inthe course of distribution of food or other items, the stateis wholly justified in imposing certain conditions.
We also do not see any irrationality or arbitrariness inrequiring the individual or group of individuals from seekingprior permission from the authorities concerned."
However, the bench refused to accept the condition of thegovernment that the food items should be handed over to theauthorities concerned.
The bench also made it clear that given the magnitude ofthe situation, which the state was presently combating, theorganisers or the beneficiaries must strictly adhere to normswith a view to regulating the distribution of food and otheritems.
As far as distribution of food was concerned, the courtsaid on receipt of such intimation, the food safety officerconcerned shall inspect the place where it is likely to bedistributed and examine the health condition of the personsengaged in preparation of food as well as its quality beforeit is served.
"After the officer is satisfied with the norms, thepetitioner party can proceed with the distribution of food,"it said. Clarifying that the preparation and distribution of foodhas to be effected within the zone, in respect of Corporationlimits in the city and police station limits in rural areas,the bench said it shall not take place within the areasearmarked as 'hot spots' by the government. The bench further said that more than three people shouldnot be allowed to travel in a vehicle transporting the fooditems to the place of distribution and they shall strictlyadhere to the preventive measures announced by the government. CORROH ROH