← Library
Madras High CourtWP/5049/2017withdrawn dismissed

C.Kumaran, v. The Chief Secretary,

2018-08-08Honourable The Acting Chief Justice,Honourable Mr Justice S.S. Sundar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2018

CORAM

The HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND The HON'BLE MR.JUSTICE S.S.SUNDAR W.P.Nos.5049 and 18651 of 2017 and 12486 and 15483 of 2018 W.P.No.5049 of 2017:

C.Kumaran S/o. Chakkarapani, Chennai District Secretary Thanthai Periyar Dravidar Kalagam No.63 Saivamuthaiah 5th Street Royapettah, Chennai - 600 014.

.. Petitioner Vs.

1 The Chief Secretary State of Tamil Nadu Secretariat, Chennai - 600 009.

2 The Home Secretary State of Tamil Nadu Secretariat, Chennai - 600 009. ...Respondents W.P.No.18651 of 2017:

S.Doraisamy, Advocate No.223, N.S.C.Bose Road, Y.M.C.A.Building, 2nd Floor Chennai-01.

.. Petitioner Vs.

1 The Commissioner Chennai Corporation Ripon Building Chennai-03.

2 State of TamilNadu rep by Chief Secretary Secretariat Chennai-09.

3 The Member Secretary Tamil Nadu Coastal Zone Management Authority Department of Environment & Forests 1st Floor, Panagal Building, Saidapet Chennai-15.

4 Ministry of Environment, Forest and Climate Change, Government of India 3rd Floor Prithvi Wing Indira Parvayaran Bhawan Jor Bagh, New Delhi-110 003 rep by Joint Secretary.

5 The Director of Town and Country Planning Chengalvarayan Building 4th Floor, 807 Anna Salai Chennai-02.

6 The Member Secretary Thalamuthu Natarajan Building No.1 Gandhi Irwin Road Egmore Chennai-08.

7 State of Tamil Nadu, rep. by Principal Secretary to Government Tamil Development & Information Department Secretariat Chennai-09.

.. Respondents W.P.No.12486 of 2018:

S.Jeyaseelan Advocate, 75, Law Chambers, High Court Buildings Chennai - 104.

.. Petitioner Vs.

1 State of Tamil Nadu rep. by its Principal Secretary to Government Tamil Development & Information Department Secretariat, Chennai - 9.

2 The Commissioner Chennai Corporation Ripon Building Chennai - 3.

3 The Director of Town and Country Planning Chengalvarayan Building 4th Floor, 807, Anna Salai Chennai - 2.

4 The Member Secretary Talamuthu Natarajan Building No.1 Gandhi Irwin Road, Egmore, Chennai - 8.

5 The Superintending Engineer Public Works Department Building (C&M) Circle Chepauk, Chennai - 5.

6 The Member Secretary Tamil Nadu Coastal Zone Management Authority Department of Environment & Forests 1st Floor, Panagal Building, Saidapet Chennai - 15.

7 Ministry of Environment, Forest and Climate Change Government of India 3rd Floor, Prithvi Wing, Indira Parvayaran Bhawan Jor Bagh, New Delhi - 110 003 Rep. Joint Secretary.

.. Respondents W.P.No.15483 of 2018:

S.Doraisamy, Advocate No.223 N.S.C.Bose Road Y.M.C.A. Building 2nd Floor Chennai-600 001.

.. Petitioner Vs.

1 The Member Secretary Tamil Nadu State Coastal Zone Management Authority & Director of Environment 1st Floor Panagal Building Saidapet Chennai - 600 015.

2 Ministry of Environment Forest & Climate Change Government of India, 3rd Floor Prithvi Wing Indira Parvayaran Bhawan Jor Bagh New Delhi-110 003, Rep. by its Joint Secretary.

3 Public Works Department Rep. by its Executive Engineer Building Construction Division-I Chepauk Chennai-600 005.

4 The Commissioner Greater Chennai Corporation Ripon Building Chennai-600 003.

5 The Mamber Secretary Thalamuthu Natarajan Building No.1 Gandhi Irwin Road, Egmore Chennai-600 008.

6 The District Environmental Engineer / Convener DCZMA for CMDA areas Tamil Nadu Pollution Control Board No.950/1 P.H.Road Arumbakkam Chennai-600 106.

7 State of Tamil Nadu Rep. by its Principal Secretary to Government Tamil Development & Information Department Secretariat Chennai-600 009.

.. Respondents PRAYER in W.P.No.5049 of 2017: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus forbearing the respondents from raising any memorial for Selvi J.Jayalalitha on the Government Exchequer at the Marina Beach or elsewhere and direct the respondents to remove the portraits from the public places.

PRAYER in W.P.No.18651 of 2017: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the 1st respondent to remove the dead body of J.Jayalalitha from the Chennai Marina Beach situated behind the memorial of M.G.Ramachandran and bury the dead body anywhere else other than the coastal area and directing the other respondents not to raise any construction in the name of a memorial to J.Jayalalitha in the above place. PRAYER in W.P.No.12486 of 2018: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the 2nd respondent to remove the mortal remains of

J.Jayalalitha from the Chennai Marina Beach situated behind the memorial of M.G.Ramachandran and bury the same other than the coastal area and directing the other respondents not to raise any construction in the name of a memorial to J.Jayalaitha in the above place.

PRAYER in W.P.No.15483 of 2018: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for the records relating to the order passed in Proceedings No.P1/618/2018 dated 16.03.2018 on the file of the 1st respondent quash the same and direct the respondents not to raise any construction in the name of a memorial to J.Jayalaitha at Sy.No.3372, Kamarajar Salai, Chepauk, Chennai.

For Petitioners in W.P.Nos.5049 of 2017 and 12486 of 2018 : Mr.S.Doraisamy For Petitioner in W.P.Nos.18651 of 2017 and 15483 of 2018 : Mr.V.Elangovan For Respondents : Mr.T.N.Rajagopalan Government Pleader for respondents 1 and 2 in W.P.No.5049 of 2017;

for respondents 2, 5 and 7 in W.P.No.18651 of 2017;

for respondents 1, 3, 5 and in W.P.No.12486 of 2018;

for respondents , 3 and 7 in W.P.No.15483 of 2018 Mr.K.Soundarajan for 1st respondent in W.P.No.18651 of 2017 for 2nd respondent in W.P.No.12486 of 2018 for 4th respondent in W.P.No.15483 of 2018

Mr.M.Thiruvengadam for 6th respondent in W.P.No.18651 of 2017;

for 4th respondent in W.P.No.12486 of 2018

ORDER

(Order of the court was made by the Acting Chief Justice) Mr.Doraisamy, learned counsel appearing for the petitioners in W.P.Nos.5049 of 2017 and 12486 of 2018, filed a memo dated 7.8.2018 seeking permission to withdraw the said writ petitions. In the said memo, it is stated thus:

"In view of the fact that the Anna Samadhi area falls within the Coovam river bed area and in view of the fact that in the counter affidavit filed by the Government that the Anna Square area falls within CRZ II Zone not prohibited area and in view of the fact that the Anna Square area is recognized as burial ground area the petitioner submits that he is withdrawing the above cases and the same may be dismissed as withdrawn."

2. Mr.V.Elangovan, learned counsel appearing for the petitioners in W.P.Nos.18651 of 2017 and 15483 of 2018, also sought permission of this Court to withdraw the said writ petitions and has made an endorsement to that effect. In view of the above, these writ petitions are dismissed as withdrawn. No costs. Consequently, W.M.P.Nos.5339, 20188 of 2017, 3234, 4306, 4307, 14629, 18360, 18361, 18362 of 2018 are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.

The Chief Secretary, State of Tamil Nadu, Secretariat, Chennai.-600 009

2.

THe Home Secretary, State of TamilNadu, Secretariat, Chennai-600 009

3. The Commissioner Greater Chennai Corporation Ripon Building Chennai-600 003.

4 The Member Secretary Tamil Nadu State Coastal Zone Management Authority & Director of Environment 1st Floor Panagal Building Saidapet Chennai - 600 015.

5. Ministry of Environment Forest & Climate Change Government of India, 3rd Floor Prithvi Wing Indira Parvayaran Bhawan Jor Bagh New Delhi-110 003, Rep. by its Joint Secretary.

6 The District Environmental Engineer / Convener DCZMA for CMDA areas Tamil Nadu Pollution Control Board No.950/1 P.H.Road Arumbakkam Chennai-600 106.

7. The Mamber Secretary Thalamuthu Natarajan Building No.1 Gandhi Irwin Road, Egmore Chennai-600 008.

8. State of Tamil Nadu Rep. by its Principal Secretary to Government Tamil Development & Information Department Secretariat Chennai-600 009.

9.

The Director of Town and cuntry Planning, Chengalvarayan Building, 4th floor 807, Anna Salai, Chennai.02

10. Public Works Department Rep. by its Executive Engineer Building Construction Division-I Chepauk Chennai-600 005.

11.The Superintending Engineer, Public works Refertment building (C & M) circle Chepauk, Chennai-600 005

+2cc to Mr.S.Doraisamy, Advocate, S.R.No.54725 & 54724 +2cc to Mr.V.Elangovan, Advocate, S.R.No.54726 & 54727 +1cc to Mr.Sunita Kumari, Advocate, S.R.No.54604 +1cc to the Government Pleader, S.R.No.54532 W.P.Nos.5049 and 18651 of 2017 and 12486 and 15483 of 2018 SKV(CO) GSP(21/08/2018)