iconimg Wednesday, July 08, 2015

Press Trust Of India
Chennai, July 29, 2013
The Madras high court on Monday directed Tamil Nadu Government to act in accordance with the direction 14 of the Supreme Court order of May six which stated that endeavour should be made to withdraw cases filed against anti-Kundankulam Nuclear Power Plant protestors.
Disposing a petition filed by Pughalenthi, an advocate, the first bench comprising acting chief justice RK Agrawal and Justice M Sathyanarayana observed that the apprehension of the state government to postpone/defer the withdrawal of cases cannot be said to be a malafide.

While concurring with the submissions made by advocate general AL Somayaji, the bench observed that the state government was under obligation to maintain law and order and taking into consideration the situation prevalent in and around the KNPP and in view of the continuous agitations by the residents in the area, the government has taken a decision to postpone or defer the withdrawal of cases filed against the agitators.

However, the bench directed the state home secretary to act in accordance with the direction of the Supreme Court that an endeavour shall be made to withdraw the cases filed against the agitators.

The bench also dismissed two other petitions filed by one G Sunderajan to declare that the clearance granted by the AERB for first approach criticality of unit one on July 11 as null and void and to direct the power plant to comply with all the 15 directions of the apex court.

The bench observed that the perusal of documents filed by the AERB and others disclosed that the pre-operational directions issued by the apex court have been complied with.

If the petitioner has any grievance, it was always open to him to move the apex court and bring it to its notice.

The judges also made it clear that the high court cannot interpret the orders passed by the apex court.