Journalism of Courage
The Madras High on Friday stayed for four weeks the Chennai Corporation’s bid to take back from former Tamil Nadu Deputy chief minister and MLA M K Stalin his MLA office premises.
Passing the orders on a writ petition by Stalin,Justice V Dhanapalan said: “This court feels that this matter requires a detailed adjudication,as it involves a question of law to be decided at the time of final disposal of the writ petition.”
The court,the Judge said,was of the considered opinion that Stalin had made out a prima facie case in his favour to grant interim injunction.
“Accordingly,there shall be an order of interim injunction considering the facts and circumstances of the case”.
Stalin,representing the Kolathur Assembly constituency,was allotted office premises in Kolathur by a June 29 last resolution by the Chennai Municipal Corporation council.
However,citing a January 30,2001 High Court order,the Corporation adopted a resolution on December 22 pointing out that the order insisted that the premises should be used only for educational purposes and hence allotment of the premises for a MLA office amounted to contempt of court.
Complaining that he had not been issued any show-cause notice,Stalin contended that if the authorities required the premises in question for their use,the procedure contemplated under the relevant law should be followed.
Advocate General A Navaneethakrishnan submitted that there was no need for issuance of showcause notice to Stalin as no allotment order had been given in the first place.
The impugned Government Order only sought to cancel a council resolution allotting the land,the AG claimed.
Justice Dhanapalan also noted that under section 44 of the Chennai City Municipal Corporation Act,the state government should give the person concerned an opportunity for explanation before taking any action under the provision.
“That opportunity is not provided to the petitioner,” he said.
