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IN THE HIGH COURT IN THE JUDICATURE AT MADRAS (EXTRAORDINARY ORIGINAL JURISDICTION) WRIT PETITON NO. OF 2018 Thiru.R.S.BHARATHI Organising Secretary, Dravida Munnetra Kazhagam Party, Anna Arivalayam, -Versus-

1. Government of Tamilnadu Represented by Chief Secretary, Secretariat, Fort St.George, Chennai-600009 2. Secretary to Govt., Public Department, Secretariat, Fort St.George, Chennai-600009 3. Secretary to Govt., Home Department, Secretariat, Fort St.George, Chennai-600009 4. Secretary to Govt., Public Works Department, Secretariat, Fort St.George,

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Chennai-600009 5. Commissioner, Corporation of Chennai, Chennai. AFFIDAVIT OF R.S.BHARATHI I, R.S.BHARATHI, aged about __ years, Organising Secretary, , Dravida Munnetra Kazhagam Party, Anna Arivalayam, Chennai, do hereby solemnly affirm and sincerely state as follows;

1. I am the Organization Secretary of the Petitioner herein and as such I am well acquainted with the facts and circumstances of the case and competent to swear to this affidavit. 2. It is respectfully submitted that our beloved leader Dr.Kalaignar Thiru.M.Karunanidhi, former Chief Minister of Tamilnadu for five terms and Member of Legislative Assembly for 13 terms, President of DMK party, a world leader, renowned political and social reformer, who unfortunately demised on 07.08.2018 at 6.10 PM due to old age related health issues. The one of the forefathers and founder of DMK party Thiru.Annadurai former Chief Minister of Tamilnadu was laid to rest in . The great idealogies of the great leaders of dravidian movement was taken forward by the great leader Dr.Kalaignar M.Karunanidhi, who has been times Chief Minister of Tamilnadu five times and who is regarded as guardian of social justice by the tamilians all over the world. He is regarded as the Godfather of millions of people across the globe. His contribution to the cause of Tmilians and their

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welfare would be countless. The entire State of Tamilnadu is bereaved by the demise of this tall leader. It is only right and proper to give this leader his due respects by laying his mortal remains next to his beloved 'Aringnar Anna' to fulfil the wishes of millions of Tamilians. 3. Therefore at this juncture, the Petitioner on behalf of the DMK party had given letter to the Government of Tamilnadu seeking to allot land in Marina Beach near the tomb of Thiru.Annadurai, former Chief Minister of Tamilnadu to lay the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu. 4. The leader of opposition and the working president of DMK party Thiru.M.K.Stalin, Member of Legislative Assembly along with party leaders met the Chief minister of Tamilnadu and made a formal request for allotment of the land in Marina Beach for burial of the leader. 5. Further the party leaders and members of assembly again met the Chief Minister of Tamilnadu Thiru.Edapadi Palanisamy on 07.08.2018 around 7 pm and made a written request to allot the land in Marina Beach near the tomb of Thiru.Annadurai, former Chief Minister of Tamilnadu to lay the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu. While so, by around 7.50 pm the first respondent had issued a impugned press release in P.R.No.532 dated 07.08.2018 refusing to allot the land in marina beach tomb of Thiru.Annadurai, former Chief Minister of Tamilnadu citing pendency of cases before the Hon'ble and some legal issues and they are ready to allot a land in Sardar Vallabhai Patel Road

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opposite to . The said press release is discriminatory, injustice and wholly illegal. I am personally aggrieved by the letter issued by the 1st respondent refusing to permit and allot the land to lay the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu on the Marina Beach within the campus burial place of the founder of DMK party and former Chief Minister of Tamilnadu Thiru.Annadurai namely "Anna memorial', at Kamaraj Salai, Chennai-600005. The 5th respondent has declared the part of Marina Beach as burial ground vide resolution of Corporation of Chennai vide resolution no.671 of 1988. 6. It is pertinent to note that on 6.12.2017 the former Chief Minister Dr.Selvi.J.Jayalalitha was laid to rest on Marina Beach next to the founder of ADMK party and former Chief Minister Dr.M.G.Ramachandran. The licence for burial of former Chief Minister Dr.M.G.Ramachandran on the Marna beach was following the Corporation council resolution no.671/88 dated 22.08.1988 and as per the provisions of Section 319(3) of the Chennai City Municipal Corporation Act. Therefore in line with the tradition and practice of laying to rest mortal remains Former Chief Ministers of Tamilnadu in Marina Beach, it only just and proper to lay the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu on the Marina Beach next to the founder of DMK party and former Chief Minister of Tamilnadu Thiru.Annadurai. 7. Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu Refusing to permit and allot the land to lay the

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mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu on Marina Beach is discriminatory and violation Article 14 of the Constitution of . Therefore having no other equally efficacious alternate remedy the petitioner herein is prefering this writ petition on the following among other GROUNDS A. The fundamental rights guaranteed under Article 14 of the petitioner and the millions of DMK cadres are violated by not allowing the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu to be laid on Marina Beach. B. The impugned order is vague and bereft of material facts and it is liable to be quashed. C. The family and the cadres of DMK party have a right of 21 of the constituioin of India to have their leader the former chief minister Dr.Kalaignar M.Karunanidhi buried along with their founder of DMK party and former Chief Minister of Tamilnadu Thiru.Annadurai. D. It is pertinent to note here that the 5th respondent herein by a resolution no.671/1988 for and also has declared the part of Marina beach as burial Ground as per appropriate laws. The precints namely Anna samadhi where founder of DMK party and former Chief Minister of Tamilnadu Thiru.Annadurai is also declared as burial ground as per section 319 of Chennai City Corporation Act. hence there is no legal impediment to permit and allot land to lay the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu on the Marina Beach within the

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precincts burial place of the founder of DMK party and former Chief Minister of Tamilnadu Thiru.Annadurai namely "Anna memorial', at Kamaraj Salai, Chennai-600005. E. The Government of Union of India had declared one day official mourning on the demise of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu the that the national flag in the president's office and the prime minister office would have the national flag at half mast. F. Government announced a seven-day mourning following the death of former chief minister and DMK president M Karunanidhi. The Indian national flag would fly half mast during this period and all Government-related functions would be cancelled. G. The Government has declared a day’s holiday tomorrow for his final rites. His mortal remains would be kept at for VIPs and public to pay homage. H. State honours will be accorded and the tricolour will be draped over him, adding a gun salute will also be given to the leader. I. There are no interim order passed by any court preventing the respondents from permitting and allotting land on marina beach to bury the mortal remains of the former chief minister Dr.Kalaignar M.Karunanidhi. J. The land sought for is not covered under Costal Regulatory Zone or under any other legal impediment warranting refusal of allotment of land on Marina beach. K. The refusal of the respondent to permit and allot the land is discriminatory and gross violation of fundamental rights.

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L. The press release was given by the 1st respondent in media and that the petitioner presently does not have the original copy of the same. But he is aggrieved by the decision of the 1st respondent and therefore the present writ petition. Under these circumstances it is humbly prayed that this Hon'ble Court may be pleased to issue dispense with the production of original copy of the impugned press release issued by the 1st respondent herein in P.R.No.532 dated 07.08.2018 for the present pending disposal of the above writ petition and thus render justice. M. The mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu cannot be kept waiting for the decision for the respondents which may be delayed. Therefore it is imperative that this Hon'ble Courtintervenes and renders appropriate interim orders directing the respondents to permit and allot land to lay the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu on the Marina Beach. There is also unrest among the public all over Tamilnadu and other places due to the refusal of allotment of land for burial within the precints of Anna samadhi. Hence there is grave urgency to hear and pass appropriate interim orders. Therefore it is humbly prayed that this Hon'ble Court may be pleased to pass and ad interim direction order directing the respondents to permit and allot land to lay the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu on the Marina Beach within the precincts of burial place of the founder of DMK party and former Chief Minister of Tamilnadu Thiru.Annadurai namely

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"Anna memorial', at Kamaraj Salai, Chennai-600005 pending disposal of the above writ petition and pass such other further orders as deem fit and proper in the circumstances of the case and thus render justice Under these circumstances it is humbly prayed that this Hon'ble Court may be pleased to issue a writ, direction, order particularly in the nature of Writ of Certiorarified mandamus calling for the records of the impugned press release issued by the 1st respondent herein in P.R.No.532 dated 07.08.2018 and quash the same and consequently issue a direction to the respondents to permit and allot land to lay the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamilnadu on the Marina Beach within the precincts of burial place of the founder of DMK party and former Chief Minister of Tamilnadu Thiru.Annadurai namely "Anna memorial', at Kamaraj Salai, Chennai-600005 and pass such other further orders as deem fit and proper in the circumstances of the case and thus render justice. Solemnly affirmed at Chennai on this the 7th day of August 2018 and signed his name in my presence Before Me ::Advocate

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