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HomePoliticsAIADMK Appeals Towards HC Order Quashing Taking Over of Jayalalithaa's Home Case

AIADMK Appeals Towards HC Order Quashing Taking Over of Jayalalithaa’s Home Case

The AIADMK on Wednesday moved the Madras Excessive Courtroom with an attraction difficult the ruling of a single choose quashing all of the orders of its led earlier authorities to take over late Chief Minister J Jayalalithaa’s residence right here, for establishing a memorial for the chief. 24 order, Justice N Seshasayee had quashed all of the orders handed from 2017, which culminated within the taking on of the property in 2020, moreover chiding the earlier authorities for its motion referring to the sprawling property situated on the posh Poes Backyard.

In its current attraction, former Legislation Minister and Villupuram district secretary of the AIADMK, C Ve Shanmugham submitted that the only choose order is misguided and opposite to the settled proposition of legislation. The order attributing mala fides is extremely uncalled for and the identical should be expunged.

A mere studying of the entire judgment would manifest that the identical has been biased by a number of elements, for which no proof or pleadings was accessible earlier than the court docket. Making remarks on the Legislature’s competency to enact the Act and Ordinance referring to the Puratchi Thalaivi Dr. J. Jayalalitha Memorial Basis Act when the identical was not even beneath problem earlier than the court docket, was misguided, the attraction claimed. When there is no such thing as a lapse within the process adopted by the state for buying the land and when ample alternative had been granted to the individuals to lift their objections through the enquiry performed by the Land Acquisition officer and when an award was handed by the competent authority, the one recourse for the writ petitioners was to file an utility beneath Part 64 of the ‘The Proper To Truthful Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013’ earlier than the District Collector for reference earlier than the competent authority constituted beneath the Act, he stated.

Therefore, when there may be an efficient different treatment, the choose ought to not have entertained the Writ Petitions difficult the award handed by the Land Acquisition officer. The choose had did not see that each the Writ Petitioners claimed their proper to the property of the late Chief Minister J Jayalaitha solely primarily based on the Letters of Administration granted by this court docket in a civil go well with. The grant of letters of administration was restricted and the stated order had turn into remaining and the writ petitioners did not problem the identical.

Within the absence of problem to the identical, the petitioners couldn’t have challenged the acquisition proceedings initiated in opposition to the property of Jayalaithaa. As soon as a division bench beneath Testamentary Jurisdiction had handed an order directing the State to contemplate its solutions and when the identical being thought-about by the federal government and when acquisition proceedings handed, the identical is binding on the only choose and the identical ought to not have interfered by him, the petitioner submitted. Final week, the court docket had quashed the orders, from 2017 to 2020, whereas permitting a batch of three writ petitions and about 15 miscellaneous petitions with numerous associated prayers filed by J Deepa and J Deepak, the niece and nephew, respectively, of the late AIADMK supremo.

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