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A Madras High Court bench of Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu has dismissed a plea challenging state government’s decision to allow 100% occupancy in cinema halls amidst the Covid-19 pandemic.

The petitioner contended that no standard operating procedure has been indicated in the impugned notification of October 23, 2021 for cinema halls or theatres to maintain as they open up completely.

The petitioner further contended that the film industry or the theatre circles have been favoured ahead of others with the lockdown being completely lifted in respect of such industry.

The petitioner pointed out that even schools have not opened completely, midday meals are also not in place and questioned the hurry with which the government has moved to make cinema halls open to the public.

The Court dismissed the PIL observing that the state government is expected to have taken the pros and cons into consideration before issuing the impugned notification and permitting cinema halls, theatres and like places to be opened up to the extent of 100 per cent of the seating capacity.

Further, the Bench observed that Courts are generally are slow in interfering with administrative actions without any cogent evidence.

“There is a presumption in favour of the State that when it does something, it does so upon taking into account relevant considerations,” the Court observed.

In lieu of the same, the Court observed that unless the petitioner is able to bring some cogent material which demonstrates the adverse effect of the impugned administrative action, the court cannot go on the “insinuation or the innuendo and interdict an administrative order passed by an appropriate authority.”

The Court noted that the pandemic has not gone away; the debate is still on whether only its tail is left.

Further, the Court observed that vaccination drives also continue unabated, mainly in urban areas. There are also talks of booster doses.

“The recent numbers, despite the festive season, do not raise any alarm of an immediate third surge; though there is no room for any complacency in such regard,” the Court observed.

The Court further noted that the only protocol advised to be followed in all public places was wearing of masks and maintaining physical distance, which has not been done away with.

"The fact that no special SOP has been devised for cinema halls and theatres is, thus, of no consequence," the Court said.

In its concluding remarks the Bench ordered the State Government to review the situation depending on the number of cases at a particular locality or city or town.

Cause Title: R.Sivamurugan Athithan vs Union Home Secretary & Ors.