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Madras HC tells Centre to augment oxygen supply to Tamil Nadu amid rising demand

The court observed that until a national task force is formed as ordered by the Supreme Court on May 6, it is the Union government’s responsibility to ensure a continuous supply of oxygen and drugs.

Updated on: May 10, 2021 10:47 PM IST
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The Madras High Court on Monday said that it was necessary to take urgent measures to augment oxygen supply to Tamil Nadu and think of a plan B.

A file photo of Madras high court. (Photo: PTI)
A file photo of Madras high court. (Photo: PTI)

“It is necessary that immediate urgent measures be taken, both to augment the supply of oxygen in the state, vaccines and drugs to both the state and the Union territory (Puducherry),” the court stated.

The bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made the observations in the suo motu plea taken up by the court to monitor Covid-19 second wave preparedness in Tamil Nadu and Puducherry.

The court observed that until a national task force is formed as ordered by the Supreme Court on May 6, it is the Union government’s responsibility to ensure a continuous supply of oxygen and drugs to states and union territories. The court also asked Additional Solicitor General, R Sankaranarayanan, to take up the issue with the Centre.

During the hearing, newly appointed state advocate general R Shunmughasundaram submitted that Tamil Nadu’s demand about a week ago was for 475 MT of oxygen daily. On May 8, the Centre allocated a daily quota of 419 MT, this includes 40 MT supply from Palakkad in Kerala till May 12.

But the state’s assessment is that the oxygen demand will rise to 800 MT “within the next few days”, the court noted. The court also added that it has been reported in the media that the locals have stopped vehicles carrying oxygen from Palakkad towards Coimbatore and the neighbouring areas in view of the perceived shortage of oxygen supply in Kerala.

“The state and the Centre should find ways of effective supply to the south-western region of the state since supply from Sriperumbudur or elsewhere in north or central Tamil Nadu may be logistically difficult to reach the south-western part of the state and, at any rate, less efficient than ensuring supply from neighbouring Palakkad which is about 40 kilometres away,” the court said.

It was also submitted to the court that the Sterlite facility in Thoothukudi district, which was allowed to be re-opened by the Supreme Court for the sole purpose of producing oxygen, may begin production this week with an anticipated 40 MT per day as initial supply.

With present allocation and rising demand, the court said that it was necessary to think of a plan B and explore options such as oxygen generators being set up by the Defence Research and Development Organisation (DRDO) at short notice.

As experts warn of a third wave, the court said, “it is necessary to be over-prepared and not require the resources being put to use rather than being unprepared and rue for not having garnered additional resources. The object of the exercise is to prepare for the worst and hope that the worst does not hit us.”

The bench however observed that the lockdown in Tamil Nadu from May 10-24 will taper cases. It also noted that as the new government is being formed in the state, most key officials have been transferred except health secretary J Radhakrishnan to ensure continuing measures to fight the pandemic.

The court said that though the state has augmented bed availability, “Both Tamil Nadu and Puducherry seem to be crying out for the requisite supply of drugs and vaccines.” Due to lack of doses, the state hasn’t rolled out vaccination for the 18-45 age group. “Learned ASG has assured to take up the case of both the state and the union territory with the Centre, at least till such time that the National Task Force set up by the Supreme Court order gets down to the nitty-gritty of the allocation and the like,” the court said in its orders.

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