Supreme Court Adjourns Hearing Of Plea Challenging Tamil Nadu Government’s Decision To Construct Pen Statue In Memory Of Karunanidhi

As the advocate for the petitioner sought adjournment in terms of the letter circulated by him, the Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia deferred the hearing.

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.

Justice Dhulia asked, “What is the prayer in the petition?”

Wilson pointed out, “Challenging the Government's decision. It is a generalised prayer challenging the Government’s decision to construct a 134 ft Pen statue. It is a memorial, a monument.”

Justice Dhulia enquired, “Pen statute means a statue of a fountain pen?”

Wilson responded, “Yes. It is in memory of a late leader, Kalaignar who has contributed for the growth of culture…”

Noticing that an application for intervention has been filed in the matter, Justice Kaul asked the Senior Counsel, “Who has filed the application for intervention?”

Wilson informed the Bench that the intervention petition was filed by ‘the Opposition party’.

Justice Kaul asked the parties to refrain from ‘bringing politics to court’.

The Bench was also informed by the State that some orders with respect to the issue at hand had been passed by the National Green Tribunal and requested that it be permitted to file the orders and related documents before the Apex Court. The Bench permitted the State Government to file the orders and documents it would like to place on record before the next date of hearing.

The matter is to be listed for hearing on 14th July, 2023 (“List on next Friday”).

[Case Title: Nallathambi And Ors. v. State of Tamil Nadu And Anr. WP(C) No. 213/2023]