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In the High Court of Judicature at Madras Dated

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In the High Court of Judicature at Madras Dated 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.No.20531 of 2018 R.S.Bharathi Organising Secretary Dravida Munnetra Kazh agam Party Anna Arivalayam, Chennai. .. Petitioner Vs 1 Government of Tamil Nadu rep. by Chief Secretary Secretariat, Fort St. George Chennai – 600 009. 2 The Secretary to Government Public Department Secretariat, Fort St. George Chennai – 600 009. 3 The Secretary to Government Home Department Secretariat, Fort St. George Chennai – 600 009. 4 The Secretary to Government Public Works Department Secretariat, Fort St. George Chennai – 600 009. 5 The Commissioner Corporation of Chennai Chennai. http://www.judis.nic.in (2) 6 The Commissioner of Police Greater Chennai City Vepery, Chennai – 8. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus to call for the records of the impugned press release issued by the first respondent herein in P.R.No.532, dated 7.8.2018, to quash the same insofar as para (vi) of impugned press release, 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 Tamil Nadu on the Marina Beach within the precincts of burial place of the founder of DMK party and former Chief Minister of Tamil Nadu Thiru Annadurai, namely “Anna Memorial”, at Kamaraj Salai, Chennai – 600 005. For Petitioner : Mr.P.Wilson, Senior Counsel Mr.R.Shanmugasundaram, Senior Counsel Mr.C.Veerakathiravan, Senior Counsel, Mr.N.R.Elango Senior Counsel assisted by Mr.R.Girirajan http://www.judis.nic.in (3) For Respondents : Mr.C.S.Vaidyanathan Senior Counsel assisted by Mr.T.N.Rajagopalan Government Pleader for 1st respondent Mr.P.H.Arvindh Pandian Additional Advocate General Mr.T.N.Rajagopalan Government Pleader for respondents 2 and 3 Mr.L.P.Shanmugasundaram Special Govt. Pleader for 4th respondent Mr.S.R.Rajagopal Additional Advocate General assisted by Mr.K.Soundarajan for 5th respondent Mr.T.N.Rajagopalan Government Pleader assisted by Mr.C.Munusamy Special Government Pleader for 6th respondent http://www.judis.nic.in (4) ORDER (Order of the court was made by Huluvadi G.Ramesh, Acting Chief Justice) In this writ petition filed by Mr.R.S.Bharathi, Organising Secretary of the Dravida Munnetra Kazhagam (DMK) Party, the prayer sought is to call for the records of the impugned press release issued by the first respondent herein in P.R.No.532, dated 7.8.2018, to quash the same insofar as para (vi) of impugned press release is concerned, and consequently, to 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 Tamil Nadu on the Marina Beach within the precincts of burial place of the founder of DMK party and former Chief Minister of Tamil Nadu Thiru Annadurai, namely “Anna Memorial”, at Kamaraj Salai, Chennai – 600 005. 2.1. The facts in a nutshell are as under: It is a matter of record that (Late) Dr.Kalaignar M.Karunanidhi, who was the Chief Minister of Tamil Nadu for five times; Member of Legislative Assembly for 13 times; President of the DMK Party, and a renowned political and social reformer, passed away on 7.8.2018 at 6.10. PM due to age related health issues. http://www.judis.nic.in (5) 2.2. It is stated that (Late) Mr.C.N.Annadurai, who was former Chief Minister of Tamil Nadu and one of the forefathers and founders of DMK Party, was laid to rest at Marina Beach and the said place is called “Anna Square”. It is stated that the great ideologies of the great leaders of Dravidian Movement were taken forward by (Late) Dr.M.Karunanidhi and he is regarded as the god-father of millions of Tamilians across the globe and his contribution to the cause of Tamilians and their welfare is invaluable. The entire State of Tamil Nadu is bereaved by the demise of the great leader and in order to give this leader all due respects the mortal remains should be laid next to his beloved “Aringnar Anna” to fulfil the wishes of millions of Tamilians. 2.3. It is stated that a request was made on 7.8.2018 by the Leader of Opposition and the working President of DMK Party, Mr.M.K.Stalin, Member of the Legislative Assembly, along with his party members, when they met the Chief Minister of Tamil Nadu in person to allot space in Anna Square at Marina Beach near the tomb of (Late) Mr.C.N.Annadurai, former Chief Minister of Tamil Nadu, to lay the mortal remains of (Late) Dr.M.Karunanidhi. It is stated that some party leaders and Members of Assembly also met the Chief Minister of Tamil Nadu on 7.8.2018 and made a written request in this http://www.judis.nic.in (6) regard. 2.4. It is stated that, when things stood thus, at around 7.50 PM, the first respondent issued a press release, being P.R.No.532, dated 7.8.2018 refusing to allot the land at Marina Beach as sought for, citing pendency of cases before this Court and some other legal issues. It was further stated in the press release that the Government is ready to allot Two Acres of government land near Gandhi Mandapam, Kamarajar Memorial, Rajaji Memorial, Opposite to Anna University in Sardar Vallabhai Patel Road. 2.5. It is alleged that the said press release is illegal, discriminatory and unfair, inasmuch as the licence for burial of former Chief Minister, (Late) Dr.M.G.Ramachandran at the Marina Beach was issued pursuant to the resolution of the Corporation Council, being Resolution No.671 of 1988 and in terms of Section 319(3) of the Chennai City Municipal Corporation Act, whereby a part of the Marina Beach was declared as burial ground and even thereafter, the former Chief Minister, Dr.J.Jayalalithaa, was laid to rest at Marina Beach, next to the founder of AIADMK Party and former Chief Minister Late Dr.M.G.Ramachandran. http://www.judis.nic.in (7) 2.6. In line with the tradition and practice of laying to rest mortal remains of former Chief Ministers of Tamil Nadu at Marina Beach, it is averred that it is just and proper to lay to rest the mortal remains of (Late) Dr.M.Karunanidhi within the precincts of his political mentor (Late) Mr.C.N.Annadurai's mausoleum at the Marina Beach. 2.7. In the said backdrop, the present writ petition is filed for the relief stated supra. 3.1. In the counter affidavit filed by the second respondent, it is stated that the use of land for burial as requested by the DMK party is under the control of the Government, through the Director of Information and Public Relations, Government of Tamilnadu, and that the fifth respondent is the competent authority to grant permission for burial within Corporation limits of Chennai. It is stated that the petitioner has not obtained any approval from the Corporation of Chennai or the requisite authorities for carrying out their request and that no such request has been filed before this Court. 3.2. It is stated that the instructions and policy issued by the Government of India, Ministry of Home Affairs, titled “Instructions regarding action to be taken on the Death of High Dignitaries” had http://www.judis.nic.in (8) been taken note of by the State Government while issuing the Press Release. 3.3. It is specifically stated that a decision has been taken by the State Government and the press release dated 7.8.2018 stipulates the six honours that are extended by the Government to (Late) Dr.Kalaignar M.Karunanidhi, which are well within the domain of the State Government and are in tune with the established precedents and protocol. 3.4. To fortify the stand taken in paragraph (vi) of the Press Release, wherein it is stated that due to pendency of many cases regarding burial at Marina Beach before this Court and due to various legal hurdles, the said place cannot be allotted, it is stated that there are legal hurdles regarding the allocation of the place as demanded, next to (Late) Mr.C.N.Annadurai. It is averred in paragraph (6) of the counter that “the petitioner is wontedly feigning ignorance of the second reason given, referring to the legal hurdles regarding the allocation of the said place demanded, i.e., at Anna Samadhi, next to Arignar Anna.” 3.5. It is stated that the three memorials at Marina Beach are of http://www.judis.nic.in (9) Arignar Anna, Dr.M.G.Ramachandran and Dr.J.Jayalalithaa, who died during their tenure as the Chief Minister of the State, and that insofar as former Chief Ministers are concerned, they have been provided place at Gandhi Memorial Campus at Sardar Patel Road, based on requests made and/or decisions of the Government. It is stated that three former Chief Ministers, Late Mr.Rajagopalachari, Late Mr.K.Kamarajar and Late Mr.M.Bakthavatchalam were laid to rest at Gandhi Memorial Campus. 3.6. It is averred that the Public (Protocol) Department is always consistent with regard to the decisions being taken and when once such request was made in the case of death of a former Chief Minister, (Late) Mrs.Janaki Ramachandran, wife of (Late) Mr.M.G.Ramachandran, it was clearly stated that there was no specific instruction in the Protocol Manual with reference to the arrangements that are to be made in the case of death of former Chief Ministers of Tamil Nadu, and it was (Late) Dr.M.Karunanidhi, the then Chief Minister, who has handwritten a note permitting the burial of Mrs.Janaki Ramachandran at Ramawaram Gardens with full State Police Honours.
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