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Madras High CourtWP(MD)/3570/2021dismissed

Amuthan v. The State Of Tamil Nadu

2021-02-24Honourable The Chief Justice,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021

CORAM:

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE R.HEMALATHA Amuthan ... Petitioner -vs1. The State of Tamil Nadu, Represented by its Additional Chief Secretary, Fort St. George, Chennai - 9.

2. The Principal Secretary, Collegiate Education Department, Secretariat, Fort St. George, Chennai - 9.

3. The Principal Secretary, School Education Department, Secretariat, Fort St. George, Chennai - 9.

4. The Principal Secretary, Revenue Department, Secretariat, Fort St. George, Chennai - 9.

5. The Director, Collegiate Education, 9th Floor, E.V.K.Sampath Building, College Road, Chennai - 6.

6. The Director, School Education, DPI Campus, College Road, Chennai - 6.

... Respondents 1/3

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to eradicate the caste names which are used in front of the Educational Institutions and Shops and other Establishment in the State of Tamil Nadu, based on the petitioner's representation, dated 18.12.2019. For Petitioner :

Mr.A.Vadivel For Respondents :

Mr.K.P.Krishnadoss Special Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The petitioner does not like caste names to be used in connection with educational institutions, shops and establishments. 2.While the petitioner's sentiment may be appreciated, it is difficult for courts to control the activities undertaken by certain individuals unless such activities are downright illegal or criminal. The continuation of the caste system under the constitutional scheme of things is completely forbidden. However, there is also an element of freedom and choice left to the private individuals to put up display-boards or other material according to their wishes as long as they are not obscene or offensive. 3.The matter brought to the notice of the Court is not worthy or being carried forward.

4. W.P.(MD) No.3570 of 2021 is dismissed. There will be no order as to costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) KRK/SSL Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

2/3

To:

1.The Additional Chief Secretary, State of Tamil Nadu, Fort St. George, Chennai - 9.

2.The Principal Secretary, Collegiate Education Department, Secretariat, Fort St. George, Chennai - 9.

3.The Principal Secretary, School Education Department, Secretariat, Fort St. George, Chennai - 9.

4.The Principal Secretary, Revenue Department, Secretariat, Fort St. George, Chennai - 9.

5.The Director, Collegiate Education, 9th Floor, E.V.K.Sampath Building, College Road, Chennai - 6.

6.The Director, School Education, DPI Campus, College Road, Chennai - 6.

+1 CC to Mr.A.VADIVEL, Advocate ( SR-7107[F] dated 25/02/2021 ) +1 CC to THE SPECIAL GOVERNMENT PLEADER(SR-7200[F] dated 25/02/2021) Order made in 24.02.2021 ES(CO) SRS (03/03/2021) 3P : 9C 3/3