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2008 Supreme(Mad) 1390

R.BANUMATHI, S.MANIKUMAR
A. S. M. Kumar – Appellant
Versus
State of Tamil Nadu, represented by its Secretary, Chennai – Respondent


Advocates Appeared:
For the Petitioner:B.N. Rajamohamed, Advocate.
For the Respondents: Pala. Ramasamy, Special Government Pleader.

Judgment :-

S. Manikumar, J

1. A practicing lawyer and Executive Committee Member of Madurai Bar Association has filed this "pro bono publico" litigation seeking for a mandamus directing the respondents 1 to 5 to institute appropriate legal action against respondent No.6 in the interest of upholding the dignity of our National Flag on the basis of petitioners representation dated 18.02.2008 and for further orders.

2. Facts in brief are as follows:

On 26.01.2008, being the Republic day, the National Flag was hoisted on all public and Government Buildings and establishments. It was also hoisted in the premises of All Women Police Station, Thirupparamkundram, Madurai, on the said day and it was not lowered till 05.00 p.m., on 01.02.2008. When the petitioner personally indicated to the authorities, they assured of lowering it. But on 02.02.2008, it was reported in "Dhina Thanthi" newspaper. Thereafter, the petitioner approached the Inspector of Police, Thirupparamkundram, Madurai, by lodging a complaint to take appropriate legal action against the 6th respondent. Excepting the 5th respondent, the other respondents acknowledged the registered notice of the petitioner dated 18.02.2008 an































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