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The Madras High Court Wednesday directed the Tamil Nadu government to allot space near Anna Samadhi on Marina Beach for the burial of DMK patriarch M Karunanidhi, as demanded by the his family members and the DMK. The state government had refused to allot space near the memorial of DMK founder C N Annadurai, citing legal hurdles and protocol, and offered two acres at Gandhi Mandapam.
The bench, comprising additional Chief Justice Huluvadi G Ramesh and Justice S S Sundar, passed the order despite a strong objection raised by the state government against the DMK’s urgent plea. The DMK’s plea challenged a state government release in which it cited pending cases and legal hurdles and stated that it cannot allot space at Marina Beach.
On Tuesday, hours before Karunanidhi’s death was announced, a pending PIL by a lawyer to prevent Greater Chennai Corporation from granting permission for disposal of bodies on the coastal area was also withdrawn. But there were more PILs filed on similar issues, including those by activist ‘Traffic’ K R Ramaswamy, advocate S Doraisamy and C Kumaran of Thanthai Periyar Dravidar Kazhagam. The petitions questioned the burial of former CM J Jayalalithaa at Marina Beach in December 2016, arguing that it was a violation of Coastal Regulatory Zone (CRZ) norms.
Ramaswamy’s petition sought a direction to shift mausoleums of former Chief Ministers Annadurai, M G Ramachandran and Jayalalithaa from Marina Beach to Gandhi Mandapam at Guindy. The state government had opposed Ramaswamy’s plea. According to sources, the government’s argument was that CRZ norms would not be applicable to mausoleums of Annadurai and MGR as they were built before the regulations came into force.
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After Chief Minister Edappadi K Palaniswami turned down Stalin’s request for space on Marina Beach, the DMK moved a petition in the court around 9 pm on Tuesday. It was adjourned to 8.30 am on Wednesday.
On Wednesday, DMK counsel and party leader P Wilson argued that the five-time chief minister was considered a godfather by millions of Tamil people across the world and that he should be shown due respect by laying his mortal remains next to his “beloved leader Aringnar Anna”. The counsel argued that Chennai Corporation had already declared Marina Beach a burial ground through a council resolution dated August 22, 1988 under Chennai City Municipal Corporation Act and said the state’s refusal to not allot space for Karunanidhi’s burial amounted to discrimination and violation of Article 14 of the Constitution.
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Also, several pending pleas on burials on Marina Beach were withdrawn by lawyers. ‘Traffic’ Ramaswamy refused to withdraw his petition, but told the court that he had no objection to a decision on the DMK’s plea.
The state government argued that the decision to not allot land on Marina Beach was taken after considering legal issues. It argued that as per protocol, only the burial of sitting Chief Ministers is allowed on the Marina Beach. The state government also argued that Karunanidhi too had denied space on Marina Beach for the burial of former Chief Ministers K Kamaraj and Janaki Ramachandran.
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