How can a third party assail TN's withdrawal: MHC seeks J Jayavardhan explanation in new Secretariat row

CHENNAI: The Madras High Court (MHC) directed AIADMK former Lok Sabha member J Jayavardhan to submit a citation judgment holding that third-party interest is society's interest, in a case assailed against the State's act of withdrawing an appeal challenging the quashing of investigation on irregularities in the construction new secretariat complex at Omandurar government estate, Chennai.

Jayavardhan moved the MHC to implead him in the case preferred by the DMK government to withdraw the appeal filed by the then government led by AIADMK challenging the court's order quashing the government order to probe into the alleged irregularities in the construction of the new Secretariat.

The case was listed before a division bench comprising Justice R Suresh Kumar and K Kumaresh Babu.

Advocate General (AG) PS Raman appeared for the State and submitted that the withdrawal of an appeal is the opinion of the government.

Jayavardhan's petition seeking to implead him in the case is wrong at this stage, the State is entitled to withdraw its appeal, he added.

Senior counsel P Wilson appeared for DMK president MK Stalin and submitted that a plaintiff has the right to abandon his claim at any time, the court cannot compel the plaintiff to proceed. Being in that position how can a third party assail the withdrawal decision, the counsel wondered.

Senior counsel V Raghavachari appeared for Jayavardhan and submitted that the then DMK government constructed the new secretariat complex at an exorbitant rate and incurred a loss to the State exchequer. Hence, it is a case of society's interest to assail the withdrawal decision, he added.

After the submission, the bench directed Jayavardhan to submit judgments to cite that the third party's interest is the third party's interest and adjourned the matter on February 7 for further hearing.