Desiya Makkal Sakthi Katchi v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 20743 of 2019 and W.M.P. No. 19902 of 2019 Desiya Makkal Sakthi Katchi Represented by its President M.L.Ravi No. 21/11, Venkatraman Street, Chennai - 600 079.

... Petitioner Vs.

Government of Tamil Nadu, Represented by its Chief Secretary, Secretariat, Fort St. George, Chennai - 600 009.

... Respondent Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondent to frame the necessary rules for inviting participants to All Party Meetings to be called by the Respondent in the future.

For Petitioner : Mr. T. Sivagnanasambandan For Respondent : Mr. M. Karthikeyan, Additional Government Pleader

O R D E R

The Writ Petition has been filed for a direction to the Respondent to frame necessary rules for inviting participants to All Party Meeting to be called by the Respondent. 2.

It is brought to the notice of this Court that by an order dated 25.11.2010 in W.P. No. 38458 of 2002 the claim for similar relief has been rejected by this Court, in which it has been held as follows:- "6. Calling any party for discussion is discretion vested with the Respondent. A invitation is required to be sent to a party which can take part in the discussion by way of giving useful and appropriate https://hcservices.ecourts.gov.in/hcservices/

inputs. The invitation has got relevancy to the issue involved as well. The Petitioner cannot seek as a matter of right that a political party should be invited by the Government under all circumstances.

7. The decision to invite a political party and hold discussions does not have any statutory basis. The said invitation is a formal in nature and the discussions are very informal in nature. The decisions made in the discussions also do not have any statutory force. It is for the Respondent to extend the invitation to a party concern considering the nature of the issue involved. It is equally not binding on the party which receives the invitation to attend the meeting as it is open to the said party to ignore the same. Therefore, in as much as the purpose of the meeting itself to have an informal discussion and hence a Writ of Mandamus seeking a scheme will not lie since there is no legal right vested with the Petitioner to seek such a direction."

3.

In view of that binding decision of this Court, the Writ Petition cannot be entertained and the same is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar vji/kv To The Chief Secretary, The Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

+1cc to Mr.T. Sivagnanasambandan, Advocate SR.No.62690 +1cc to Government Pleader SR.No.62360 W.P. No. 20743 of 2019 and W.M.P. No. 19902 of 2019 TM(CO) GMY(09/10/2019) https://hcservices.ecourts.gov.in/hcservices/