Dravida Munnetra Kazhagam, Rep. by its Organization Secretary R. S. Bharathi v. Government of Tamil Nadu, Rep. by its Chief Secretary, Chennai
2021-01-08
SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
body2021
DigiLaw.ai
JUDGMENT : (Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 8 to forthwith remove all types of digital banners, cutouts, flexi board, arches erected by the 9th Respondent in the entire State of Tamil Nadu including within the precincts of the ration shops and government buildings, and also remove the pamphlets, posters, hand bills pasted/distributed by the 9th Respondent inside the ration shops or in any other Government building, relating to or in connection with distribution of “2021 Pongal Free Gift Hamper of Rs.2500” to the Family Card Holders by the Government of Tamil Nadu or any other name.) 1. This petition appears to be in continuation of an earlier matter that was disposed of recently. 2. Two principal prayers have been pursued by the petitioner : that no political party should attempt to take mileage out of a government programme by printing its leaflets or other material or circulating the same while making available the Pongal gift hampers from within the ration shops or the precincts of the shops; and, that arches, banners, cutouts and the like put up at public places are a threat to traffic and pedestrian movement and should not be permitted to be put up by the ruling dispensation otherwise than in accordance with law. 3. As far as the first prayer is concerned, the State accepts that no leaflets or any material will be displayed or made over along with the gift hamper whether within the ration shops or in the precincts. However, it is pointed out by the State that the gift hampers are packed in a bag bearing the picture of a former Chief Minister of the State and the present Chief Minister. 4. At this stage, it may not be feasible to require the bags to be replaced. In such circumstances, other than what appears on the bags in which the gifts are to be distributed, no other material indicating any political party or the like should be made over to the recipients along with the gift hamper, nor any leaflet or other political advertisement displayed within the ration shops or the precincts thereof. 5. Gates, arches, cutouts and the like, indeed, are a cause of concern and have resulted in accidents.
5. Gates, arches, cutouts and the like, indeed, are a cause of concern and have resulted in accidents. Such material cannot be put up at public places without obtaining permission from the local administration in accordance with law. Accordingly, no further banners, hoardings, cutouts, gates, arches or the like will be put up without obtaining permission from the local administration and any such offending gates, banners, arches, cutouts or the like which have already been put up without permission will be brought down by the appropriate authorities as expeditiously as possible. This will apply to all political parties and their material and the order should be implemented uniformly. Since the primary matters canvassed have been addressed, nothing remains of the petition. W.P.No.567 of 2021 is disposed of. No costs. Consequently, W.M.P.No.631 of 2021 is closed.