Madras HC allows state to withdraw appeal against CM Stalin

CHENNAI: The Madras High Court allowed the State to withdraw the appeal filed against the incumbent Chief Minister (CM) MK Stalin by the erstwhile AIADMK government, in connection with the alleged irregularities in the construction of the new secretariat-assembly complex.

A division bench of Justice R Suresh Kumar and Justice K Kumaresh Babu wrote that even though the impleading petitioner J Jayavardhan, a former Member of Parliament (MP) has a locus-standi to be represented in the appeals, it would be a futile exercise to order the impleading petitions, hence the application for impleading are closed as unnecessary.

The bench cited the judgment of the Supreme Court in Anurag Mittal vs. Shaily Mishra Mittal, 2018 case, and wrote that when a person has initiated proceedings before the Court, it is always open to him to withdraw or abandon his claim. The Court cannot insist upon a party to conduct the case, particularly, when a party wishes to abandon his claim without reserving any right, wrote the bench while allowing the withdrawal petition.

During the DMK regime in 2006-2011, a new extravagant secretariat building was constructed in Omandurar Government Estate, Chennai. The successor AIADMK government raised irregularities in the construction of the new secretariat and set up an inquiry commission chaired by retired Justice R Ragupathy to investigate the alleged irregularities.

The commission summoned the former CM M Karunanidhi, former deputy CM Stalin, and former PWD minister Durai Murugan regarding the alleged irregularities in constructing the new secretariat complex.

Subsequently, three of them moved the HC challenging this commission and the HC ordered the dissolution of the commission. Pursuant to the court's order the head of the commission demitted office. In 2018, the AIADMK government led by the former CM Edappadi K Palaniswami ordered to conduct the DVAC inquiry into the alleged irregularities and instructed to hand over the collected evidence by the commission to the DVAC for the inquiry.

However, the DMK once again went to the HC to quash the government order allowing DVAC to probe into the investigation. 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 in HC seeking to withdraw the appeal.

In the meantime, 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 a new secretariat at Omandurar government estate. Further, he also sought to implead him in the main appeal. However, the State and appellants MK Stalin and Durai Murugan objected to the implead petition.

The Advocate General submitted that in the present case, a third party cannot seek to object to the withdrawal of the proceedings initiated by the appellant. The State also submitted that the DVAC has closed the complaint lodged by Jayavardhan.

Senior counsel P Wilson appeared for the appellants submitted the impleading petitioner is a meddlesome interloper, who cannot be said to be an aggrieved person for him to be heard by this court. The impleading petitioner is a former MP and a member of the opposition party and therefore, he is trying to exploit the situation to gain popularity which he is lacking, he added.