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Supreme Court Refuses To Entertain Plea Challenging TN Govt Decision To Construct Pen Statue In Karunanidhi's Memory
LIVELAW NEWS NETWORK
1 Aug 2023 1:17 PM GMT
The Supreme Court, on Monday, refused to entertain a petition challenging the Tamil Nadu Government’s decision to construct a 134 ft tall ‘Pen Statue’ in memory of DMK leader M. Karunanidhi.As a bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia expressed disinclination to entertain the matter, the petitioner chose to withdraw the petition to avail other remedies....
The Supreme Court, on Monday, refused to entertain a petition challenging the Tamil Nadu Government’s decision to construct a 134 ft tall ‘Pen Statue’ in memory of DMK leader M. Karunanidhi.
As a bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia expressed disinclination to entertain the matter, the petitioner chose to withdraw the petition to avail other remedies. The petition was accordingly dismissed as withdrawn with liberty to avail alternate remedies.
Senior Advocate Siddharth Dave, appearing for the petitioner, submitted that the proposed structure can affect coastal zone and affect the livelihood of fishermen.
"If this is about the environment, the NGT can consider it. Go to NGT. Should we just decide everything sitting here? Don't make Supreme Court something it was not supposed to be", Justice Kaul observed.
Senior Advocate, P. Wilson appearing on behalf of the State apprised the Bench that nothing survives in the matter now that the Environmental Clearance has been granted for the construction of the monument. According to him, the petition has become infructuous. He submitted that the present petition was filed in January, 2023 seeking directions to the State Government and the Ministry of Environment, Forest and Climate Change (Ministry) to not proceed with the construction of the monument on the Marina Bench as the same would cause damage to the ecosystem and marine life along the coast. It was emphasised on that pursuant to the filing of the present petition the Environmental Clearance was granted by the Ministry. Thus, he argued, in view of the subsequent development the matter does not survive.
[Case Title: Nallathambi And Ors. v. State of Tamil Nadu And Anr. WP(C) No. 213/2023]
