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2026 DAILYLAW 59690 (MAD)

ANANYA RADHAKRISHNAN v. THE JOINT SECRETARY to GOVERNMENT OF INDIA

WP/21971/2026 · 2026-08-18

G Arul Murugan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.21971 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.08.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.21971 of 2026 and W.M.P.Nos.23835, 23840 and 23844 of 2026 Ananya Radhakrishnan D/o.Late Radhakrishnan, Krishnalaya, Avai Shanmugam Salai, Royapettah, Chennai-600 014. Petitioner Vs 1.The Joint Secretary to Government of India, Ministry of Home Affairs, Public Section, Government of India Kartavya Bhawan-3, New Delhi-110 001. 2.The Union of India Hon'ble Union Home Minister, Ministry of Home Affairs, Government of India, North Block, Central Secretariat, New Delhi-110 001, India. 3.State of Tamil Nadu Rep. by the Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009. ______________ https://www.mhc.tn.gov.in/judis W.P.No.21971 of 2026 4.State of Tamilnadu Rep. by the Additional Chief Secretary, Public Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009. 5.State of Tamilnadu Rep. by the Governor Raj Bhavan, Chennai-600 022. [Respondent No.5 deleted from the array of respondents vide order dated 12.6.2026] Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to the GO bearing File No.14.02.2025-Public dated 28.01.2026 issued by the 1st respondent and quash the same and direct the respondents to issue appropriate administrative instructions and protocol guidelines ensuring that Tamil Thaai Vaazhthu, being the officially recognized State Song of Tamil Nadu is rendered at the commencement of official State functions and constitutional ceremonies and is not relegated to a position subsequent to Vande Mataram or the National Anthem in the absence of any express constitutional statutory or binding executive mandate. For Petitioner: Ms.Oveya for Mr.R.Prabhakaran For Respondents: Mr.A.Kumaraguru Senior Panel Counsel for R1 and R2 ______________ https://www.mhc.tn.gov.in/judis W.P.No.21971 of 2026 Mr.Vijay Narayan Advocate General assisted by Mr.J.Lenin Spl. Govt. Pleader for R3 and R4 ORDER (Order of the Court was made by the Hon'ble Chief Justice) This public interest litigation challenges the Circular dated 28.1.2026 issued by the first respondent. The petitioner seeks to quash the said circular and direct the respondents to issue guidelines ensuring that Tamil Thaai Vaazhthu, the official State song of Tamil Nadu, is sung at the start of all official functions and constitutional ceremonies. 2. The petitioner states Tamil Thaai Vaazhthu was written by Manonmaniam Sundaram Pillai in 1891. The State of Tamil Nadu officially declared it the State song on 17.12.2021. The State functions in Tamil Nadu have traditionally opened with Tamil Thaai Vaazhthu and closed with the National Anthem. However, during the swearing-in ceremony of the Chief Minister and Council of Ministers on 10.5.2026, Tamil Thaai Vaazhthu was sung third, ______________ https://www.mhc.tn.gov.in/judis W.P.No.21971 of 2026 following Vande Mataram and Jana Gana Mana. The petitioner claims this altered order of rendition dilutes the ceremonial status of the State song, violating cultural rights under Article 29(1) and principles of federalism. It is further stated that the circular dated 28.1.2026 does not explicitly mandate rendering State songs after national songs. 3.1. When the matter was taken up today, the learned Senior Panel Counsel appearing on behalf of respondent Nos.1 and 2 placed before the court a revised circular dated 9.7.2026 issued by the Ministry of Home Affairs. Learned Senior Panel Counsel highlighted Paragraph 3 of the revised circular, which reads: "3. In some of the States, State Song is also sung and played along with National Anthem/National Song. It is stated that whenever State Song is sung or played with National Song/National Anthem, both the National Song and National Anthem shall be sung or played together; and National Song will be sung or played first followed by National Anthem." ______________ https://www.mhc.tn.gov.in/judis W.P.No.21971 of 2026 3.2. Learned Senior Panel Counsel further submitted that the whenever a State song is rendered with the National Song and National Anthem, the National Song (Vande Mataram) and National Anthem (Jana Gana Mana) must be performed together, with the National Song preceding the National Anthem. He added that the individual States retain full discretion to decide when to render their State song and may place it at any point in the programme. 4. It is brought to our notice that the State of Tamil Nadu has also issued Government Order G.O.Ms.No.531, Public Department, dated 12.8.2026. This order explicitly refers to the Central Government's revised circular dated 9.7.2026 and confirms that Tamil Thaai Vaazhthu shall continue to be sung at the beginning of programmes across educational institutions, universities, government offices, and public sector undertakings in Tamil Nadu. 5. The revised circular dated 9.7.2026 leaves the placement and performance of State song to the discretion of the State Government. The Government of Tamil Nadu has formally ______________ https://www.mhc.tn.gov.in/judis W.P.No.21971 of 2026 reaffirmed that Tamil Thaai Vaazhthu will be sung at the commencement of official functions. 6. As the grievances aired through this petition have been fully addressed by these administrative updates, no further issue remains for judicial determination. The prayer made in the writ petition has become infructuous and, accordingly, the same is dismissed, sans costs. All connected miscellaneous petitions are closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 18.08.2026 Index : Yes/No Neutral Citation : Yes/No bbr/sasi ______________ https://www.mhc.tn.gov.in/judis W.P.No.21971 of 2026 To: 1.The Joint Secretary to Government of India, Ministry of Home Affairs, Public Section, Government of India Kartavya Bhawan-3, New Delhi-110 001. 2.The Union of India Hon'ble Union Home Minister, Ministry of Home Affairs, Government of India, North Block, Central Secretariat, New Delhi-110 001, India. 3.The Chief Secretary, State of Tamil Nadu Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009. 4.The Additional Chief Secretary, State of Tamilnadu Public Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009. ______________ https://www.mhc.tn.gov.in/judis W.P.No.21971 of 2026 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. bbr/sasi W.P.No.21971 of 2026 18.08.2026 ______________ https://www.mhc.tn.gov.in/judis