M.Bharath v. Regional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.26304 of 2024 M.Bharath : Petitioner Vs.

1.The Regional Officer, Central Board of Film Certificate, Chennai.

2.The Director General of Police, O/o. Director General of Police, No.1, Kamaraja Salai, Mylapore, Chennai City.

3.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai.

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4.The Principal Secretary, Film and Television Department, Government of Tamil Nadu, Secretariat, Chennai.

5.Producer, Swipe Right Studio, G.Floor and First Floor D, No.44/1 Street, Jeevarathinam Nagar, Adayar City Corporation, Chennai - 600 020.

6.Producer, Think Studio, Arcot Road, Saligramam, Regus, Shyamala Towers, Chennai - 600 093.

7.Sidharath Vishwanath, Director of Sorgavaasal Movie, G.Floor and First Floor D, No.44/1 Street, Jeevarathinam Nagar, Adayar City Corporation, Chennai - 600 020.

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8.R.J.Balaji, Actor of Sorgavaasal Movie, No.152/153, Azam Arcade, (Dominos Building), Kodambakkam, High Road, Nungambakkam, Chennai - 600 034.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 to take action against the respondents 5 to 8 for their illegal act of Insult the name of former Great King and Freedom Fighter Thiru Veerapandiya Katabomman in Sorgavaasal Movie, by considering the petitioner's representation dated 10.12.2024.

For Petitioner : Mr.S.Neelam Raghuwaran For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader 3/8

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for a Mandamus to direct the respondents 1 to 4 to take action against the respondents 5 to 8 for their illegal act of insulting the name of former Great King and Freedom Fighter Thiru Veerapandiya Katabomman in Sorgavaasal Movie, by considering the petitioner's representation dated 10.12.2024. 3.Since this Court is directing the third respondent to consider the petitioner's representation, after giving due opportunity to the private respondents herein, notice to the private respondents is hereby dispensed with.

4.The petitioner herein had given a representation to the official respondents on 10.12.2024, in this regard. Since the said 4/8

representation was not considered, the present writ petition has been filed.

5.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time. 6.In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 10.12.2024, on its own merits and pass appropriate orders in accordance with law, within a period of three [3] months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on 5/8

its own merits.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 06.01.2025 Index : Yes/No Internet : Yes/No MR 6/8

To 1.The Regional Officer, Central Board of Film Certificate, Chennai.

2.The Director General of Police, O/o. Director General of Police, No.1, Kamaraja Salai, Mylapore, Chennai City.

3.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai.

4.The Principal Secretary, Film and Television Department, Government of Tamil Nadu, Secretariat, Chennai.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 06.01.2025 8/8