Madras High Court permits Tamil Nadu government to withdraw writ appeals filed against Stalin, Duraimurugan
The Hindu
Madras High Court allows Tamil Nadu government to withdraw writ appeals against Chief Minister M.K. Stalin and Minister Duraimurugan.
The Madras High Court on Thursday, March 28, 2024 permitted the Tamil Nadu government to withdraw two writ appeals filed during the previous AIADMK government in 2019 against incumbent Chief Minister M.K. Stalin and Water Resources Minister Duraimurugan.
A Division Bench of Justices R. Suresh Kumar and K. Kumaresh Babu observed that the court could not compel a litigant to conduct a case when he/she/it wishes to abandon the matter completely, in the midst of the hearing, without reserving any right whasoever.
Though AIADMK former Member of Parliament J. Jayavardhan had filed an application to get impleaded in the writ appeal, the judges closed the application by terming it as unnecessary. They said, it would be a futile exercise to allow the application when the appeals had been withdrawn.
Authoring the verdict, Justice Kumar however, said, Mr. Jayavardhan could seek appropriate legal remedy against the State’s present attempt to wriggle out of a Government Order issued on September 14, 2018 to conduct a vigilance inquiry into the construction of a new Legislative Assembly-cum-Secretariat complex.
Since the Directorate of Vigilance and Anti Corruption (DVAC) had conducted the inquiry and closed a complaint lodged by the impleading petitioner too, he could always seek appropriate legal remedy in the manner known to law if he was so advised, the Division Bench said.
The issue relates to a Commission of Inquiry instituted in 2011 to probe into alleged irregularties in construction of the Assembly-cum-Secretariat complex between 2008 and 2010 when Mr. Stalin and Mr. Duraimurugan served as Deputy Chief Minister and Public Works Department Minister respectively.
The then government led by Jayalalithaa had instituted the Commission of Inquiry (CoI) and converted the complex at Government Omandurar Estate in Chennai into a multi super speciality hospital. It was initially led by retired High Court judge S. Thangaraj and then succeeded by R. Regupathy.
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