'How Is Public Money Being Wasted?' Madras High Court Questions Plea Against New Secretariat Building
The Madras High Court on Monday (October 5) wondered how public money was wasted by the construction of a new secretariat building. The court also questioned what powers it had to issue orders against the construction of the government building. [2026 LiveLaw (Mad) 478]
The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan made the oral observations while hearing a plea by a lawyer, Tamilvendan, challenging the decision of the Tamil Nadu Government to construct a new secretariat building in Chennai's Pattinampakkam (Foreshore Estate).
“How is public money being wasted? It's for the government to build wherever they want. Where does the court have the power to direct the government to build at a particular location?” the court asked.
The court also commented that even the Supreme Court had refused to entertain a plea challenging the construction of the new Parliament building in 2022, holding that it was a policy decision. The court added that in 2011, the High Court had dismissed a similar plea challenging the shifting of the secretariat.
“In 2011 only this court said that relief against shifting of secretariat could not be granted/ Even construction of the new parliament was challenged before the Supreme Court in 2022. The Supreme Court had also refused to entertain the plea and said that it was a policy decision,” the court said orally.
The court also criticised the manner in which the petition was filed, and said that the petitioner had not provided any materials to support his case. The court added that it was ready to entertain such petitions if proper materials were placed before it and remarked that it would start imposing costs on such petitions, filed without materials.
“Nothing mentioned. Just for publicity. Please mention what is the purpose of the challenge. Very casual approach. We'll have to start imposing costs. Otherwise, these kinds of petitions will keep coming up. We're ready to entertain these petitions, but you have to show us materials,” the court said.
Following the court's remarks, the petitioner requested permission to withdraw the plea. The court allowed the request and dismissed the plea as withdrawn.
It may be noted that on September 3, CM Vijay announced on the assembly floor that a new building complex comprising the Legislative Assembly and the Secretariat with modern facilities would be constructed in Chennai in an area of 20 lakh sq.ft. at an estimated cost of Rs.1,200 crores.
Another plea has been filed by Mylapore DMK MLA Dha Velu challenging the GO issued pursuant to this announcement. In his plea, Velu argued that the Government order which was issued pursuant to this announcement does not refer to any report, opinion or clearance from the Department of Environment and Climate Change, the Tamil Nadu State Coastal Zone Management Authority, the Fisheries and Fishermen Welfare Department, the Greater Chennai Traffic Police, the Chennai Metropolitan Development Authority, or the Tamil Nadu Urban Habitat Development Board.
Velu submitted that the Foreshore Estate junction is already a congested bottleneck and the proposed construction in this area would generate more traffic with daily trips by thousands of employees, visitors, petitioners, legislators, officials, contractors, service vehicles, and convoy movements of the Ministers.
Velu also pointed out that the area is surrounded by schools and the proposed construction would disrupt the movement of nearly 20,000 school children who are studying in these schools. Velu has thus called for quashing of the GO, arguing that the same is arbitrary and issued without any application of mind.
Case Title: RS Tamilvendan v. The State of Tamil Nadu and Others
Citation: 2026 LiveLaw (Mad) 478
Case No: WP 39889 of 2026