Madras High CourtWP(MD)/21292/2023disposed of

Murugan. N v. The Secretary

2023-08-31Honourable The Chief Justice,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN N.Murugan ... Petitioner -vs1.The Secretary Ministry of Home Affairs Ministry of Home Affairs North Block New Delhi-110 001 2.The Home Secretary Secretariat St.George Fort, Chennai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to issue the highest award of "BHARATH RATHNA" to Mr.Kalaignar Karunanithi. For Petitioner :

Ms.V.Jeya Rani For Respondents :

Mr.AR.L.Sundaresan Additional Solicitor General of India assisted by Mr.K.Govindarajan Deputy Solicitor General of India for R1 Mr.P.Thilakkumar Government Pleader for R2

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The present writ petition is filed seeking a direction against the respondents to issue the highest award of Bharath Rathna to Mr.Kalaignar Karunanithi.

2. Learned counsel for the petitioner submits that the petitioner does not belong to any political party nor has any political affiliation. Considering the work done by Mr.Kalaignar Karunanithi, he deserves to be awarded the highest civilian award of the country i.e. "Bharath Rathna".

3. Learned Additional Solicitor General of India submits that the Apex Court in the case of Balaji Raghavan and others vs. Union of India, reported in AIR 1996 SC 770, has directed that no award shall be conferred except on recommendations of National Committee.

4. Mandamus cannot be issued by the Court to direct an Executive to bestow a particular award upon a person. It would be beyond the realm of

Article 226 of the Constitution of India and also the Judgment of the Apex Court in the case of Amitabh Thakur and others vs. Union of India, reported in 2014 (2) ALJ 260.

5. In the light of that, the request of the petitioner, under Article 226 of the Constitution of India, cannot be considered.

6. The writ petition is accordingly disposed of. No costs. [S.V.G., .C.J.] [C.K., J.] 31.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Secretary, Ministry of Home Affairs, Ministry of Home Affairs North Block, New Delhi-110 001.

2.The Home Secretary, Secretariat, St.George Fort, Chennai.

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN , J.

krk 31.08.2023