ORDER :

S.M. Subramaniam, J.

1. The Writ of Mandamus has been instituted to direct the respondents to take necessary action as per the order dated 12.06.2013 passed by the Central Government against Sri. R. Anbarasu, who misused the National Emblem for his personal use and personal gain or any other orders.

2. The original Writ Petitioner Mr. S. Mukanchand Bothra who filed the Writ Petition states that Mr. R. Anbarasu was misusing the Indian National Emblem as per "the Emblem and Names (Prevention of Improper Use) Act, 1950". The said Anbarasu who was the Member of Parliament for two successful periods had used the Indian National Emblem for his personal gain to lodge a complaint against the original Writ Petitioner late, S. Mukanchand Bothra on 27.05.2006 to the Commissioner of Police in his letter pad, which contains the Indian National Emblem.

3. On the strength of the said complaint, though the complaints are false, the original petitioner was arrested and was in custody for a period of 21 days and thereafter he was released on bail. During the pendency of the Writ Petition, the writ petitioner died and his son Mr. M. Gagan Bothra impleaded himself and made a submission that an injustice had caused to his father. Therefore, he is interested in pursuing the matter as many such illegalities are being noticed and the Indian National Emblem and the Names of the Governments are misused on many occasions by many such persons. In view of the said submission and considering the importance involved, this Court thought fit to consider the issues raised by the petitioners.

4. In respect of the complaint given by Former Member of Parliament, Mr. Anbarasu, the original petitioner filed a quash petition before the High Court in Crl. O.P. No. 6807 of 2007, and it was posted in the month of December 2012 and this Court quashed the FIR. After quashing the complaint dated 27.05.2006, the petitioner came to understand that the complaint itself was lodged by the Ex-Member of Parliament Mr. Anbarasu in the letter pad containing the Indian National Emblem. Before that the petitioner had no occasion to see the copy of the complaint and he had no knowledge about the said complaint containing the Indian National Emblem. Thus, there was no delay in filing the Writ Petition.

5. As on 27.05.2006, the date of complaint Mr. Anbarasu was not a Member of Parliament and he was only an Ex-Member of Parliament. Thus, he was not supposed to use the Indian National Emblem as per Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. Inspite of the directions issued by the Central Government asking the State Government to take necessary action as per the provision, the State Government also failed to initiate any action against the Ex-Member of Parliament. Thus, the petitioner was forced to move the present Writ Petition.

6. The petitioner sent a representation to the Hon'ble Prime Minister of India on 25.03.2013 stating all the facts and circumstances. The Office of the Prime Minister had forwarded the said complaint to the Home Secretary, Ministry of Home Affairs dated 02.05.2013 via PMO ID No. 8/3/2013-PMP2/41550. The Ministry of Home Affairs via No. 13/1/2013-Public (Part I) had forwarded the complaint to the Secretary, the Government of Tamil Nadu vide its letter dated 12.06.2013 asking the State Government to take action against the Ex-Member of Parliament, Anbarasu as per the provisions of the Act and Rules. The said order was forwarded to the Office of the 4th respondent/the Commissioner of Police, Chennai, vide letter No. 20477/Gen-1/2013/1 sent to PA/Crime dated 13.07.2013. However, no action had been taken by the State Government as per letter dated 12.06.2013 regarding the misuse of the Indian National Emblem by the Ex-Member of Parliament.

7. The petitioner who is the son of the original writ petitioner is serious in pursuing the matter as his father was victimized due to the misuse of Indian National Emblem by the Ex-Member of Parliam