COVID-19 testing centres
COVID-19 testing centres|PTI
Litigation News

"By that logic, we have to close down the Court", Karnataka HC dismisses PIL seeking to move COVID-19 test laboratory from residential area

The petitioners contended that many patients were standing in the queue outside the lab to undergo COVID-19 testing, posing a threat to residents of the area.

Rintu Mariam Biju

The Karnataka High Court today dismissed a Public Interest Litigation (PIL) filed by two residents seeking directions to the authorities to shift or close down a COVID-19 testing laboratory in their locality.

A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna refused to entertain the petition on the ground that a writ of mandamus cannot be issued to a private entity as it is not an agency or instrumentality of the State.

"We cannot issue a writ of mandamus to Respondent 4 (Mediclu Diagnostics and Speciality Centre)...It is a company or a firm, we do not know", said the Bench.

Further, the Bench observed,

"The petitioner counsel is unable to point out any statutory provisions which impose an embargo on setting up a laboratory in residential society for collecting swab samples of COVID-19. In absence of any such provision we cannot direct the state government to cancel permission, if any, granted to Mediclu Diagnostics and Speciality Centre."

Karnataka High Court

Bar and Bench - Indian Legal news