(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the State respondents to implement the displaying, naming, in the nomenclature and imagery of the current Chief Minister of Tamilnadu by removing the erstwhile as done for in the ages past.)

V. Dhanapalan, J.

1. The petitioner has come up with the present Writ Petition for a direction to the respondents/State to implement the displaying, naming in the nomenclature and imagery of the current Chief Minister of Tamilnadu by removing the erstwhile, as done for in the ages past.

2. With the consent of the learned counsel on either side, this Writ Petition is taken up for disposal at the admission stage itself.

3. Heard Mr.W.Peter Ramesh Kumar, learned counsel appearing for the petitioner and Mr.G.R.Swaminathan, learned Assistant Solicitor General appearing for the 1st respondent and Mr.A.L.Somayaji, learned Advocate General appearing for respondents 2 to 6.

4. The petitioner is a practicing lawyer before the Madurai Bench of Madras High Court and other Subordinate Courts in Southern Districts of Tamilnadu has filed this Public Interest Litigation (for short PIL) Petition in the interest of justice. In his affidavit, he has stated that to his knowledge no PIL has been filed on the same issue anywhere. According to the petitioner, the portraits of the following persons can be displayed in Government offices:

(a) The incumbent President of India

(b) The incumbent Prime Minister of India

(c) The incumbent Chief Ministers (for concerned States)

(d) Mahatma Gandhi

(e) Pandit Jawaharlal Nehru

(f) Saint. Thiruvalluvar (Tamilnadu)

(g) Arignar Anna (Tamilnadu)

(h) Thiru. K. Kamaraj (Tamilnadu)

(i) Thiru. C. Rajagopal Achari

(j) Thanthai Periyar (Tamil Nadu)

(k) Dr. B.R. Ambedkar

(l) and Thiru.U.Muthuramalinga Thevar (Tamil Nadu)

5. Apart from display of the above mentioned leaders, various Government Schemes are named after them apart from State Complexes being baptized with the above enlisted names and personalities. This being in vogue from 27.09.2014 onwards, the State of Tamil Nadu has been witnessing the portraits of the 7th respondent a convicted Former Chief Minister by the court of law, not being removed from the State Governmental Offices and other precincts even though the 7th respondent after conviction not only lost the Chief Ministership of Tamilnadu but also the elected membership of the Tamil Nadu Legislative Assembly (Sri Rangam Assembly Segment). While so, the portrait of the incumbent current Chief Minister of Tamilnadu Mr.O.Panneer Selvam is nowhere seen in the entire State of Tamilnadu except in Private albums. The Government Orders promulgated and the notifications by the respondents 2 to 4 are given a go-by for reasons best known to the Government of Tamilnadu. In such a situation, the petitioners, having no other alternative remedy, have approached this Court for the above relief.

6. Mr.Peter Ramesh Kumar, learned counsel for the petitioner, has vehemently contended that the practice in the ages past has to be followed in keeping the portrait of the current Chief MInister only and not that of the erstwhile Chief Minister. He has also highlighted the status of the erstwhile Chief MInister, whose portrait has been displayed even now and which has not been removed. Added further, he would contend that this position is against the policy of the Government and the Government Orders in practice.

7. Conversely, Mr.A.L.Somayaji, learned Additional Advocate General, appearing for the State, would contend that there cannot be a direction to the Government on policy matters and the policy decision to display the portraits of national leaders and important personalities as to who should be and who should not be is within the domain of the Government and, therefore, the Writ Petition is not maintainable. Placing reliance on the Government Order in G.O.Ms.No.457, the learned Advocate General would submit that as regards the display of portraits of the national leaders as also the eminent personalities, a decision was taken long back on 04.06.2006 and hence the petitioner cannot demand for removal of the portrait of the erstwhile Chief Minister.

8. We have heard the learned counsel for the parties and also gone through the records.

9. This case has been mainly focussed on the point that the portrait of the erstwhile Chief Minister has been displayed in Government offices and the same is not removed by the respondents. Therefore, the petitioner has come out with a prayer for a direction to the respondents to implement the display of the nomenclature and imagery of the current Chief Minister of Tamil Nadu.

10. In order to consider the grievance of the petitioner, G.O.Ms.No.457, Public (General-I) Department, dated 04.06.2006, is much relevant. In the said G.O., the policy of the Government is visualised to the effect of displaying the portraits of the national leaders like President of India, Prime Minister of India, Mahatma Gandhi, Pandit Jawaharlal Nehru, Saint Thiruvalluvar, Aringar Anna, Thiru K.Kamaraj, Thiru C.Rajagopalachari, Thanthai Periyar and Dr.B.R.Ambedkar and further added leaders like Thiru Muthuramalinga Thevar, Thiru V.O.Chidambaranar, Thiru Quaid-e-Milleth, Tmt. Indira Gandhi, Former Chief Ministers and Chief Minister, in the Government Offices.

11. When the above policy decision of the Government to have the display of those leaders, which included the former Chief Ministers and also the present Chief Minister, the grievance of the petitioner as to the displaying only the nomenclature and imagery of the current Chief Minister by removing that of the erstwhile Chief Minister cannot be allowed to stand. Since the Government has taken a policy matter as to portraits of which leaders and personalities to be displayed in the Government offices, which, in our considered opinion, is well within the domain of the Government to take a decision and particularly that of the past and the present Chief Minister, we see no reason to countenance the prayer of the petitioner.

12. Therefore, we are not inclined to direct the respondents to implement the display of the portrait of the current Chief Minister alone and remove the one of the erstwhile Chief Minister. It is only for the Government to take a decision as to the display of the portraits of the leaders and personalities but not for this Court to direct the respondents to display the portraits of only particular persons and remove others. As such, this Writ Petition is liable to be dismissed.

13. At this stage, we consider it necessary to state that the respondents, who are at the helm of affairs and the State authorities, are to look into the issues of this kind, by taking a definite policy of displaying of the portraits of the leaders and personalities and the same may be followed with uniformity to avoid any difficulties with the Government offices. The Government may act in a manner as in the past and there shall be a uniformity in maintaining such a principled policy to have the portraits in Government offices.

14. We also add, that, of late, on an earlier occasion, the very same issue arose before the First Bench at the Principal Seat at Madras in W.P.No.30504 of 2014, which was disposed of on 24.11.2014, with a direction to the respondents to dispose of the representation of the petitioner, keeping in mind the Government Orders in that regard.

15. With the above observation, this Writ Petition is dismissed. No costs. Consequently, the connected M.Ps. 1 to 4 are closed.