{"id":319670,"date":"2024-04-08T09:00:53","date_gmt":"2024-04-08T03:30:53","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=319670"},"modified":"2024-04-10T15:21:19","modified_gmt":"2024-04-10T09:51:19","slug":"madras-hc-allowed-tn-govt-withdraw-cases-against-cm-mk-stalin-water-resources-minister-durai-murugan","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/04\/08\/madras-hc-allowed-tn-govt-withdraw-cases-against-cm-mk-stalin-water-resources-minister-durai-murugan\/","title":{"rendered":"Read why Madras HC allowed TN Govt. to withdraw cases against CM MK Stalin and Water resources Minister Durai Murugan"},"content":{"rendered":"
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Madras High Court:<\/span> In writ appeals filed by State challenging the Single Judge order, wherein the Court allowed the petition filed by M. Stalin and Durai Murugan challenging Government Order and a letter dated 28-09-2018, according permission to Directorate of Vigilance and Anti-Corruption (‘DVAC’) to conduct a detailed enquiry against both the leaders, the division bench of R. Suresh Kumar and K. Kumaresh Babu., JJ. while permitting the State to withdraw the two writ appeals filed during the All-India Anna<\/span> Dravida Munnetra Kazhagam (‘AIADMK’) Government against M. Stalin and Durai Murugan, said that the Court cannot insist upon a party to conduct the case, particularly, when a party wishes to abandon his claim without reserving any right. Further, the Court closed the impleading application filed by AIADMK former Member of Parliament J. Jayavardhan, as it would be a futile exercise to allow the application when the appeals had been withdrawn.<\/p>\n

Background:<\/p>\n

During 2006-2011, the Tamil Nadu Government decided to construct new legislative assembly building. At that time, the MK Stalin and Durai Murugan served as Deputy Chief Minister and Public Works Department Minister respectively. Power shifted to AIADMK (rival party) in 2011, due to which, various allegations on how the construction has been done and regulated was aroused. A commission was set up by the then government led by Jayalalithaa, chaired by retired judge who resigned soon after taking the lead, thus another retired judge was appointed to lead to committee and summons were issued to MK Stalin, Durai Murugan and former Chief Minister M. Karunanidhi.<\/p>\n

Challenging the appointment of the Commission of enquiry and the consequential summons and proceedings all three filed writ petitions in Madras High Court. The Single Judge had dismantled the Commission of enquiry with a direction to the Commission to hand over the records to the Chief Secretary of Tamil Nadu for him to look into the matter. However, the petitions were closed as M. Karunanidhi had died.<\/p>\n

Thereafter, by a Government Order dated 24-09-2018 directed Secretary Commission of enquiry to hand over all the records including the report of the investigation agency, and the statement of evidence to DVAC. After that, the impleading petitioner – J. Jayavardhan had filed the complaint before DVAC. The Government accorded permission to DVAC to conduct a detailed enquiry on the subject.<\/p>\n

Another petition was filed by M. Stalin and Durai Murugan challenging Government Order and a letter dated 28-09-2018 issued by the Government, which was allowed by the Single Judge. Thus, the present appeal has been filed by the State.<\/p>\n

Issues:<\/p>\n