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MGR arch: HC allows unveiling, bars function
In a set back to the ruling AIADMK, the Madras High Court has allowed the Tamil Nadu Government to unveil the newly constructed arch – to mark the birth centenary of the late Chief Minister and AIADMK founder MG Ramachandran–without holding an inaugural function.
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Chennai
A division bench comprising Justice M Sathyanarayanan and Justice P Rajamanickam, which had granted an interim stay for the inauguration of the arch, said, “Considering the submissions of both the parties, we are of the view that counter affidavit with supporting documents has to be filed without which inaugural of the arch cannotbe permitted.”
“Since it is represented that the construction of the arch is completed, and green net is put forth on the arch, this court permits the State to remove the net alone and make it clear that till the disposal of the plea, inauguration cannot be done.”
The case has been posted for further hearing to February 5. The bench passed the order on a plea moved by advocate D Dinesh Kumar seeking to restrain the government from constructing the arch by violating statutory provisions.
The petitioner had submitted that as per the Tamil Nadu Highways Act, no permanent structure can be constructed either on the middle or on the pathway of a road. Hench, the 66-feet wide and 52-feet tall arch built encroaching the arterial Kamarajar Salai along Marina beach posed a big hindrance to pedestrians and motorists, the petitioner said.
It may be noted that the bench, on November 19, while allowing the construction of the arch to proceed, had stayed its inauguration till the public interest litigation opposing it was disposed.
The Tamil Nadu government had planned to inaugurate the arch built at a cost of Rs 2.52 crore on January 17 in a grand manner. Advocate General Vijay Narayan during the earlier hearing had contended that since the High Court had accorded permission for the construction of an arch built on the same road near the War Memorial to commemorate the 60th year celebration of the Assembly, there was nothing wrong in putting up a similar structure for the MGR arch.
Officials directed to respond to downloaded judgment copies
Accounting for the frequent complaints from the bar regarding enormous delay in issuing certified copies of the orders/judgments leading to orders not being implemented in time, the Madras High Court has directed the Chief Secretary, Tamil Nadu, to issue a circular to all departments to ensure that attested downloaded judgement copies submitted by the respective counsels are responded to properly.
Clarifying that the authorities can neither reject or refuse printed copy of downloaded orders/judgements communicated by the respective counsels for implementation, Justice SM Subramaniam said, “The officials concerned shall act based on the attested copies from the counsels by verifying the same with the official website of the Madras High Court on www.hcmadras.tn.nic.in.”
“In view of this, the High Court Registry shall ensure that the orders/judgements signed by the Judges are uploaded on the official website without any delay,” the Judge said, while directing the Registrar to issue suitable instructions to all the subordinate courts and the officials to follow the said procedure.
“It is needless to state that even Government Orders are now uploaded on the Government official website, enabling the subordinate officials and the public to download such orders and act accordingly or utilise the same for their benefit. This being the practice already in force, more specifically for a considerable length of time, such a procedure shall be adopted in respect of the orders/judgements passed by the High Court also,” Justice Subramaniam said.
Based on this, the Judge directed both the Chief Secretary and Registrar to issue consolidated instructions to all concerned with four weeks. The Judge then posted the plea to February 14 for reporting compliance.
Justice Subramanian passed this above order while disposing a plea moved by a farmer seeking for a direction to resume power connection, which is in the name of his late father, to the agricultural fields inherited from him in Kangeyam.
“This court is of an opinion that TANGEDCO are bound to verify the service connection and accordingly provide electricity supply up to the meter box/fuse carrier, enabling the petitioner to use the electricity as per the terms and conditions of the Tamil Nadu Electricity Supply Code,” the Judge held.
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