No interim order, HC refers Veda Nilayam case to division bench

According to Deepak, the house was used for celebrating several functions and family events. His aunt Jayalalithaa never had any plans of converting the house into a memorial.
Veda Nilayam as seen from outside in Poes Garden | R Satish Babu
Veda Nilayam as seen from outside in Poes Garden | R Satish Babu

CHENNAI: Refusing to pass any interim order on the case filed by J Deepak, nephew of former Chief Minister Jayalalithaa challenging the acquisition of her residence Veda Nilayam, Justice Anand Venkatesh of the Madras High Court referred it to a division bench, on Thursday.

According to Deepak, the house was used for celebrating several functions and family events. His aunt Jayalalithaa never had any plans of converting the house into a memorial. He prayed for the keys of Veda Nilayam to be handed over to him. The petition also said that they are emotionally and sentimentally attached to it and have plans to use it for doing charity through a public trust in her name. The plea comes a day after the government of Tamil Nadu informed the court of its plans to convert a portion of ‘Veda Nilayam’ into the Chief Minister’s official residence. 

Deepak also brought to the notice of the court, the plea of the Poes Garden Residents Welfare Association, challenging the government’s decision. He also said that the state has to take note of the objections of his sister and himself after being declared as rightful heirs by the High Court. The move by the government is in total violation of the principles of natural justice as mandated by the Land Acquisition Act, 2013. The petitioner sought an interim stay on the state government decision to acquire the property. 

The state in its reply denied the submissions made by the petitioner and said that notices were issued to both Deepa and Deepak. During the property acquisition proceedings, Deepa and Deepak had sought clarification on pending Income Tax proceedings.

Justice Anand Venkatesh who heard the plea recorded the submissions and refused to grant an interim stay. The judge observed that there is already a case pending regarding Veda Nilayam with a division bench of the Madras High Court. The division bench, after declaring Deepak and Deepa as the rightful legal heirs, has sought a compliance report to be filed on the formation of a trust within eight weeks, he added. “To avoid any contradicting orders by two different benches of the court, the court refers this matter to the division bench,” it observed. Justice Anand Venkatesh passed it to the High Court Registry and refused to pass any interim orders.

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