CHENNAI: The Madras High Court on Tuesday asked whether a Chief Minister could file a writ petition against the state. The query was raised by Chief Justice SV Gangapurwala when a writ petition filed by Dravida Munnetra Kazhagam (DMK) president and Tami Nadu Chief Minister MK Stalin seeking a CBI probe into the tragic collapse of an under-construction building at Moulivakkam near Chennai in 2014 came up for hearing.
Advocate Richardson Wilson, who sought a week for filing a change of vakkalat for Stalin since two counsels had difficulties representing him, said he would answer the question after the change of vakkalat was filed.
When he noted that Stalin was not holding the post of Chief Minister at the time of filing the petition in 2014, the CJ told him to come to the present situation --- where the petitioner is the CM. To this, Richardson replied, “It is a 2014 petition and the prayer does not survive. It will have to be closed. I will make my submission after a week.”
State Government Pleader P Muthukumar, representing the government, also sought a week’s time for taking instructions.
Subsequently, the bench adjourned the matter by a week.
The collapse of the under-construction building, which resulted in the death of 61 persons, led to a huge outcry against officials who had aided the private builder to raise 12 storeys instead of the permitted 6 storeys.
Stalin, who was DMK Treasurer then, wanted a thorough probe by the Central Bureau of investigation (CBI) to get to the bottom of the issue and ensure the culprits were punished. Expressing lack of confidence in the special investigating team and an inquiry commission, he had approached the High Court seeking orders for a CBI probe.