IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2021

CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P.No.12042 of 2021

and

W.M.P.No.12811 of 2021

Devaraj

..

Petitioner

Vs.

1 The State of Tamil Nadu

Rep. by the Chief Secretary to Government

Secretariat, Fort St. George

Chennai 600 009.

2 The Additional Chief Secretary to Government

Home, Prohibition and Excise Department

Government of Tamil Nadu

Secretariat, Fort St. George

Chennai 600 009.

3 The Additional Chief Secretary to Government

Co-operation, Food and Consumer

Protection Department

Government of Tamil Nadu

Secretariat, Fort St. George

Chennai 600 009.

4 The Principal Secretary to Government

Health and Family Welfare Department

Government of Tamil Nadu

Secretariat, Fort St. George

Chennai 600 009.

5 The Director General of Police

Post Box No.601, Dr.Radhakrishnan Salai

Mylapore, Chennai 600 004.

6 Tamil Nadu Civil Supplies Corporation

Rep. by its Managing Director

No.12, Thambusamy Road

Kilpauk, Chennai 600 010.

https://hcservices.ecourts.gov.in/hcservices/

7 Dravida Munnetra Kazhagam (DMK Party)

Represented by its General Secretary

No.369, Anna Arivalayam

Anna Salai, Teynampet

Chennai 600 018.

...

Respondents

Prayer: Petition filed under Article 226 of the Constitution of

India for issuance of a Writ of Mandamus directing the 1st to

6th Respondents to implement the Covid-19 relief Schemes,

including monetary relief under G.O.Ms.No.37, Co-operation, Food

and Consumer Protection Department dated 07.05.2021 and

distribution of groceries on Thiru.Kalaignar Karunanidhis

birthday, through direct / bank transfer and door-door transfer

to the beneficiaries to the extent possible and without any kind

of involvement or participation of the 7th Respondent, its

Party men or any of its alliance partners and further forbear

the 7th Respondent its party men or alliance partners from

printing any advertising material in relation to the same.

For Petitioner

:

Mr.V.Lakshminarayanan

For Mr.Adithya Reddy

For Respondents 1 to 6

:

Mr.R.Shunmugasundaram

Advocate-General

Assisted by

Mrs.A.Srijayanthi

Special Govt. Pleader

ORDER

(Made by the Hon'ble Chief Justice)

Two things have been pointed out on behalf of the

petitioner: that while distributing relief, there should not be

any promotion of any political party since the relief is being

granted by the State of Tamil Nadu; and, Covid protocol should

be maintained at all times.

2. The petitioner points out that it was the political

party which has now come to power which had objected in January,

2021 to Pongal gifts being doled out by the State Government in

packages bearing the symbol of the political party then in

power. The petitioner refers to several photographs, copies

whereof have been appended to the petition, to indicate that

there is a political flavour in the relief packages being

distributed to distressed citizens even now.

3. Of the several photographs that have been relied upon by

the petitioner, there is one that shows the photograph of the

Chief Minister of the State in course of relief being

https://hcservices.ecourts.gov.in/hcservices/

distributed inside a ration shop. There is also another

photograph pertaining to the distribution of relief material at

Anna Nagar, where the rising sun symbol of the ruling political

party is displayed.

4. Learned Advocate-General has taken notice on behalf of

the State and the official respondents and says that the

situation now is quite different from what it was in January,

2021 when the election was in the offing and the orders passed

by the Court clearly indicated that the grant of State largesse

should not take any politica