HC dismisses PILS against Kudankulam N- plant

Paving the way for commissioning of the Kudankulam Nuclear Power Plant ( KKNPP), the Madras high court on Monday dismissed two public interest litigations against completing the project without complying with the directions of the Supreme Court. A division bench comprising acting Chief Justice R. K. Agrawal and Justice M. Sathyanarayanan dismissed the PILs filed by G. Sundarrajan.

Disposing of another PIL from advocate P. Pugalenthi seeking to direct the state government to withdraw all the criminal cases filed against the anti- nuke protesters, the bench said 216

Madras high court dismissed two PILs against completing the project without complying with the directions of the Supreme Court cases have been registered under various sections of IPC and Section 3 of the TN Public Property ( prevention of damage and loss) Act. The TN government was under an obligation to maintain law and order. Taking into consideration the situation prevalent in and around Kudankulam and in view of the continuing ongoing agitation by the local residents, the TN government has taken a decision to postpone/ defer the with- drawal of cases.

Given the facts and circumstances of the case, it cannot be stated that the apprehension expressed by the state government was not genuine or actuated by malafide motives or extraneous reasons. Therefore, the petition was disposed of with a direction to the home secretary to act in accordance with the direction- 14 of the Supreme Court, the bench added.

Citing the direction of the apex court that an endeavour shall be made to consider withdrawal of cases, advocate general A. L. Somayaji had earlier submitted that the state was not ripe to withdraw the cases and if the situation was conducive the government will consider withdrawal of cases.