Disposed

S.Gopalakrishnan v. The Chief Secretary to Govenment

Madras HC20 Jul 2021WP/14893/2021

Case brief

AI extract

What is this about?

Writ petitioner filed a petition under Article 226 seeking a writ of mandamus to prevent the 5th respondent, a DMK District Secretary, from participating in government relief distribution programs. The court held that party functionaries have no role in government programs and that government officials requesting their presence in distribution are minor matters within individual discretion.

What did the court decide?

The petition was disposed of without any effective order. No order as to costs.

S.Gopalakrishnan Vs The Chief Secretary to Govenment — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.07.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.14893 of 2021

S.Gopalakrishnan

.. Petitioner

1 The Chief Secretary to Government Fort St George

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Chennai - 600 009.

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2 The District Collector Coimbatore District

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Coimbatore.

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3 The Commissioner Corporation of Coimbatore

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Coimbatore.

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4 The Joint Commissioner

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H.R. and C.E. Department

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Dr.Balasundaram Road Coimbatore - 641 018.

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5 Payya R.Krishnan District Secretary Coimbatore Urban (West) Dravida Munnetra Kazhagam Old No.22, New No.52, Pillaiyar Kovil Street, Kallapatti Coimbatore-641 048. .. Respondents

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PRAYER:

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Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 to 4 herein to forbear the 5th respondent herein from presiding over or participating in the Government functions of Government of Tamil Nadu and pass such further or other orders.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.R.K.Ramaiah

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For Respondents : Mr.P.Muthukumar

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Counsel for the State for respondents 1, 2 and 4

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: Mr.K.Mahesh Standing Counsel for 3rd respondent

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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The petitioner has a huge axe to grind against the fifth respondent and says that the fifth respondent's participation in government functions may be completely inappropriate.

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The fifth respondent is the District Secretary of the ruling DMK party in Coimbatore. The affidavit accompanying the petition refers to the fifth respondent participating in programmes where relief material have been distributed to Covid victims.

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Ordinarily, party functionaries have no role to play in government programmes. However, there cannot be any impediment to a party functionary being invited to a particular programme and a government functionary or official requesting the party functionary to share in the distribution of material. These are minor matters that are left to the discretion and the taste of the individuals concerned, where the issuance of a mandamus may neither be effective nor is desirable.

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W.P.No.14893 of 2021 is disposed of without any effective order. There will be no order as to costs.

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Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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bbr

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To:

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1 The Chief Secretary to Government Fort St George, Chennai - 600 009.

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https://hcservices.ecourts.gov.in/hcservices/

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2	The District Collector Coimbatore District Coimbatore.
3	The Commissioner Corporation of Coimbatore Coimbatore.
4	The Joint Commissioner H.R. and C.E. Department Dr.Balasundaram Road Coimbatore - 641 018.
+1cc +1cc +1cc	to Mr.Ramaih, Advocate, S.R.No.34770 to Mr.Magesh, Advocate, S.R.No.34421 to the Government Pleader, S.R.No.34930
MG(CO BE(27	) /07/2021)

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W.P.No.14893 of 2021

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https://hcservices.ecourts.gov.in/hcservices/

S.Gopalakrishnan v. The Chief Secretary to Govenment

Case brief

What is this about?

What did the court decide?

S.Gopalakrishnan v. The Chief Secretary to Govenment

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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