Madras HC Rejects PIL against Conversion of Late TN CM Jayalalithaa's Poes Garden House into Memorial

The Madras High Court on Thursday dismissed a petition seeking to restrain the Tamil Nadu government from acquiring and converting the Poes Garden

residence of late Chief Minister J Jayalalithaa here into a memorial using public funds.

When the plea by social activist Traffic Ramaswamy came up, a division bench of Justices R Subbiah and Krishnan Ramaswamy dismissed it after recording the submissions.

During the hearing, advocate general Vijay Narayan representing the state government submitted that an identical plea filed by the petitioner has already been rejected by a coordinate bench of the court.

It was declined since the state had passed an ordinance to take possession of 'Vedha Nilayam', the residence of former Chief Minister Jayalalithaa located in Poes Garden in Chennai.

Since he chose to withdraw the petition, he was given liberty to file a fresh one challenging the ordinance. But, now he has moved a very similar plea, Narayan said.

Claiming that the residence of the former chief minister was a scene of crime, the petitioner said it cannot be converted into a memorial.

The Supreme Court has declared that a portion of the property was acquired by Jayalalithaa during the period of 'misappropriation.'

The IT department too had carried out raids at the property after her demise and portions of it remained under the department's seal temporarily. The Income Tax department is yet to pass a final order on the raid conducted, the petitioner said.

The Supreme Court, in its February, 2017 order, had abated the proceedings against Jayalalithaa in the disproportionate assets case, in which she was the prime accused, in view of her death on December 5, 2016.

It, however, had convicted three other accused, including Jayalalithaa's close aide Sasikala. Besides, a commission of inquiry headed by a former high court judge is probing the causes of death of the former chief minister.

He pointed out that the commission is yet to complete its inquiry and pass a final order. While the property is subject matter of this many proceedings, the state cannot proceed further and convert the residence into a memorial that too by spending public money, the petitioner added.