N.Murugan vs The Secretary
2023 Latest Caselaw 11668 Mad

                                                                         W.P.(MD) No.21292 of 2023


                                  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


                                                    W.P.(MD) No.21292 of 2023

                 N.Murugan                                                              ... Petitioner

                                                               -vs-
                 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                                              ... 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


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https://www.mhc.tn.gov.in/judis
                                                                    W.P.(MD) No.21292 of 2023




                                                        ORDER

[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

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.21292 of 2023

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.

____________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.21292 of 2023

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.

krk

W.P.(MD) No.21292 of 2023

31.08.2023

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https://www.mhc.tn.gov.in/judis