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Judgment
Rajasekhar Mantha, J
The Court :- The instant writ petition has been filed by a resident of fifth floor of a building at 12, Loudon Street, Kolkata. On the same very floor there is a Medical Clinic called "Enhance" operated, inter alia, by the respondent no. 4. The building is under Joint Administrators appointed by this Court. The Joint Administrators upon being approached by the respondent no. 4, Dr. Khanna, directed that they could operate their Clinic with appropriate permission from the police. The Shakespeare Sarani Police Station has granted permission on the application of the Clinic dated 18th May, 2020. The petitioners contended that they have no objection to the Clinic operating except that of outsiders should not be allowed.
It is ridiculous for the petitioners to contend that a Clinic or a Hospital or other Shop or Mall can operate without patients or customers or outsiders. The permission to operate the Clinic granted by Shakespeare Sarani Police Station essentially implies that the doctors in the Clinic are entitled to see the patients from outside the premises. It is needless to mention that Guidelines and Protocols and Standard Operating Procedure prescribed by the Central Government under the Disaster Management Act of 2005 and other Statutes as prescribed by the Central Government and the State Government shall be strictly adhered to by the Clinic in their functioning to this effect.
Only patients requiring emergent attention may be treated until the lockdown is lifted.
The residents in the building may communicate with the Administrators as regards any such violation. The Administrators shall also inspect the functioning of the Clinic at their convenience with or without notice to the Clinic to ensure that the Government guidelines have been complied with.
With the aforesaid directions, WP No. 202 of 2020 stands disposed of. No order as to costs.
Parties are to act on website copy of this order.