M.S.ARASA KUMAR Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) Whether erection of "Tamilnadu Legislative Assembly's Diamond Jubilee Memorial Arch" on Rajaji Salai Kamarajar Salai (Beach Road) between Fort St. George and War Memorial is in violation of Doctrine of Public Trust and the provisions of Tamil Nadu Highways Act or Chennai City Municipal Corporation Act are the points falling for consideration in this Public Interest Litigation, at the instance of a Legal Practitioner.

(2.) Tamilnadu Legislative Assembly formed in 1952 has completed 60 years of its existence in 2012. Government of Tamilnadu have accorded permission for construction of an Arch to commemorate the Diamond Jubilee Celebrations of Tamilnadu Legislative Assembly (1952-2012) at Rajaji Salai between Fort St. George and War Memorial. The Diamond Jubilee Memorial Arch (for short "Arch") is to be constructed at the estimated cost of Rs.1.33 crores. The Arch would be 41 feet height and 80 feet wide. Design of the Arch is stated to be inspired by the design Cues of the Fort St. George.

(3.) The Case of Petitioner:- Writ Petitioner who is a practising Advocate in various Courts in Chennai and also in Madras High Court has filed this Public Interest Litigation contending that construction of Arch will be an obstruction for road expansion in future and it would obstruct larger truck vehicles which comes to Chennai Port Trust to reach the Port Gate from Royapuram. According to the Petitioner, Rajaji Salai is the main arterial road which connects High Court and northern Chennai to other parts of city and the road is also used by litigants and Advocates reaching the High Court and if Rajaji Salai is to be blocked for such construction of Arch, the city will be choked and there will be no roads to reach the High Court and place like Royapuram.