New secretariat: HC allows TN to withdraw appeal against CM
CHENNAI: The Madras High Court allowed the State to withdraw the appeal that the then AIADMK government had filed against the then Opposition Leader and present Chief Minister MK Stalin, in connection to the alleged irregularities in the construction of new secretariat-assembly complex.
A division bench comprising Justice R Suresh Kumar and Justice K Kumaresh Babu observed that the court cannot compel anyone to proceed with the case, while allowing the withdrawal petition of the State.
The bench also closed the impleading petition filed by former Member of Parliament (MP) from AIADMK, J Jayavardhan challenging the withdrawal petition.
During the DMK regime in 2006-2011, a new secretariat building was constructed at Omandurar Government Estate, Chennai. The successor AIADMK government raised the issue of irregularities in the construction of the new secretariat and set up an inquiry commission chaired by retired High Court judge R Ragupathy to probe the alleged irregularities.
Subsequently, the DMK moved the HC challenging this commission and the court ordered the dissolution of the commission. The court also ordered to hand over the collected evidence by the commission to the DVAC and directed it to take action if any irregularities were found.
However, the DMK moved the court again to quash the government order allowing the DVAC to investigate the allegation. The HC also quashed the government order. Challenging this order, the AIADMK filed appeal petitions in the HC.
After the regime change in the State, the present DMK government moved a petition seeking to withdraw the appeal.
While those appeal petitions were pending in the HC, Jayavardhan filed a new petition to initiate the DVAC investigation in the complaint given by him in 2018 against DMK alleging irregularities in the construction of the new secretariat.
Further, he also sought to implead him in the main appeal.
Present DMK government moved a petition seeking to withdraw the appeal