HON'BLE SRI JUSTICE C. PRAVEEN KUMAR AND HON'BLE SRI JUSTICE B. KRISHNA MOHAN

WRIT PETITION (PIL) No.94 of 2021

ORDER : (Per Hon'ble Sri Justice C. Praveen Kumar)

The present Writ Petition (PIL) came to be filed seeking issuance of Writ of Mandamus in not registering the FIR against the Ruia Hospital Management, who are responsible for causing death of nearly 40 people on 10.05.2021 and also against the officials of State Government for not installing the required Oxygen plants in the State of Andhra Pradesh for supply of oxygen to the Covid patients and also not providing the medical infrastructures in the hospital, as illegal, arbitrary and violation of Article 21 of the Constitution of India and also claiming the following reliefs:

• i) To direct the 7th & 8th respondents to register the FIR on complaint made by the petitioner on 12.05.2021 against the Ruia Hospital Management, those who were responsible for causing death more than 40 Covid patients on 10.05.2021 in Ruia Hospital;

• ii) To order for judicial enquiry with the District Judge to know the facts and figures about how many deaths of Covid Patients occurred on 10.05.2021 in Ruia Hospital and also to know about the reasons for causing deaths more than 40 Covid patients due to low pressure of the oxygen on 10.05.2021;

• iii) To direct the State Government to install Five (5) Oxygen plants in the State of Andhra Pradesh and generate the oxygen as Central Government already sanctioned Five (5) Oxygen Plants to the State of Andhra Pradesh forthwith;

• iv) To direct the Central Government and also State Government to provide adequate medical infrastructures including oxygen and medicines, etc., to the Hospitals for the purpose of treating the Covid patients without any delay in the State of Andhra Pradesh;

• v) To direct the 1st respondent/State Government to pay Rs.1 crore compensation to each family members of deceased, who were died on 10.05.2021 in Ruia Hospital due to sudden break in oxygen supply to the Covid patients, Tirupati, A.P., and pass such other orders or orders as deem fit in the interest of justice.

2. Heard Sri Y. Balaji, learned counsel for the petitioner and also Sri Harinath.N, learned Assistant Solicitor General appearing for the respondent No.1 and also Sri C.Suman, learned Special Government Pleader appearing for the respondents No.2 to 5, 7 and 8.

3. A counter came to be filed by the respondent No.3 disputing the averments made in the affidavit filed in support of the writ petition by the petitioner, who claims to be the former Chairman, Sports Authority of Andhra Pradesh. It is stated in the counter that subsequent to the

incident on 10.05.2021 at Sri Venkateshwara Ramnarayan Ruio (SVRR) Government General Hospital, Tirupati, which is a Covid-19 notified hospital, a criminal case is registered vide Crime No.738/2021 on 23.07.2021 under Section 304-II, 406 IPC and the matter is under investigation. Further, the Director of Medical Education is said to have initiated action against the service provider and to that effect a show cause notice was issued on 28.07.2021 calling for his explanation. Further, a case came to be registered against M/s Shree Bharath Pharma & Medical Oxygen Distributor for the delay in supply of Oxygen, which led to the incident in question.

4. Therefore, prima facie, we are of the opinion that the first request of the petitioner, namely, the inaction on the part of the 7th & 8th respondents in not taking action appears to have been fulfilled/satisfied. If the petitioner is still aggrieved by the inaction on the part of the respondents in not taking appropriate action against the persons concerned, it is always open to him to file an appropriate compliant. In case, if he has any material, he can bring it to the notice of the concerned authorities, showing that the number of deaths are 41 and not 23.

5. The third request sought by the petitioner is that a direction be given to the State Government to install oxygen plant in the State of Andhra Pradesh to generate oxygen to

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Covid patients. For this, Sri Harinath.N, learned Assistant Solicitor General and Sri C.Sumon, learned Special Government Pleader appearing for the respondents conjointly submit that already 28 oxygen plants have been installed in the State and the Oxygen plant in the Ruia Hospital is in operation.

6. Coming to the fourth request by the petitioner, namely, to provide adequate medical infrastructure facilities including oxygen plants, it is brought to the notice of this Court that the said issue is under consideration in another PIL, which is not disputed by the learned counsel for the petitioner.

7. The sixth request of the petitioner is for a compensation of Rs.1 crore to each of the bereaved family members, who died on 10.05.2021. To this, the State Government has already announced and paid Ex-gratia of Rs.10 lakhs to each of the family members of all 23 deceased, and in this regard, the Collector & District Magistrate, Chittoor issued proceedings, dated 12.05.2021, 18.05.2021, 25.05.2021, 18.06.2021 and 22.06.2021, wherein, the Tahsildar was directed to disburse the cheques to the concerned legal heirs of the deceased persons.

8. At this stage, Sri Y Balaji, learned counsel for the petitioner would submit that the judicial enquiry headed by a District judge should be ordered with regard to the number

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of death toll. According to him, initially the Government announced the death toll as 41 but thereafter altered the figure as 23. He further submits that the said figure is incorrect and actual death toll is nearly 41.

9. The same is strongly opposed by Sri C.Sumon, learned Special Government Pleader stating that death toll as per Government record is only 23 and there is no proof for the petitioner to show the actual death toll as 41. In fact, he submits that the question of heading the said figure does not arise, because if really, 41 persons have died, their legal heirs would have come forward seeking compensation.

10. However, Sri Y.Balaji, learned counsel submits that he has material to show that nearly 40 persons died in the said incident at Ruia Hospital, Tirupati. If learned counsel for the petitioner has any material to show that nearly 40 persons have died, it is always open to him to furnish the same to the concerned authorities including investigating agency, in which event, the same shall be taken into consideration while proceeding further in the investigation. In this connection, Sri C.Suman, learned Special Government Pleader is instructed to forward the information, if any, furnished by Sri Y.Balaji, to the concerned investigating agency and to the concerned for payment of compensation, if otherwise entitled to.

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11. With the above observation, the Writ Petition is disposed of. No order as to costs.

As a sequel, miscellaneous petitions, if any, pending shall stand closed.

________________________ C. PRAVEEN KUMAR, J

________________________ B. KRISHNA MOHAN, J

Date : 18-08-2021 Gvl

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR AND HON'BLE SRI JUSTICE B. KRISHNA MOHAN

WRIT PETITION (PIL) No.94 of 2021

Date :18-08-2021

Gvl