Supreme Court dismisses petition challenging construction of ‘Pen Statue’ in Tamil Nadu
The Supreme Court, on Monday, refused to entertain a petition challenging the Tamil Nadu Government’s decision to construct a 134 ft tall ‘Pen Statue’ in memory of DMK leader M. Karunanidhi.
Petitioner withdraws the petition
A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia expressed disinclination to entertain the matter, leading the petitioner to withdraw the petition and explore other remedies. The petition was dismissed as withdrawn, with the liberty to avail alternate remedies.
Environmental concerns raised
Senior Advocate Siddharth Dave, representing the petitioner, argued that the proposed structure could impact the coastal zone and threaten the livelihood of fishermen.
Supreme Court suggests approaching the NGT
Justice Kaul responded to the environmental concerns by suggesting that the National Green Tribunal (NGT) could consider the issue. He stated, “If this is about the environment, the NGT can consider it. Go to NGT. Should we just decide everything sitting here? Don’t make Supreme Court something it was not supposed to be.”
Environmental Clearance obtained
Senior Advocate P. Wilson, appearing on behalf of the State, informed the Bench that the matter had become infructuous as the Environmental Clearance had already been granted for the construction of the monument. The petition was filed in January 2023, seeking directions to the State Government and the Ministry of Environment, Forest, and Climate Change (Ministry) to halt the construction of the monument on the Marina Beach due to potential damage to the ecosystem and marine life along the coast. However, with the subsequent grant of Environmental Clearance, the State argued that the petition no longer held relevance.
Conclusion
- The Supreme Court has dismissed a petition challenging the construction of a ‘Pen Statue’ in Tamil Nadu.
- The petitioner withdrew the petition to explore other legal remedies.
- Senior Advocate Siddharth Dave raised concerns about the potential environmental impact of the proposed structure.
- Justice Kaul suggested approaching the NGT for consideration of the environmental concerns.
- Senior Advocate P. Wilson informed the Court that the Environmental Clearance had already been obtained, rendering the petition infructuous.
[Case Title: Nallathambi And Ors. v. State of Tamil Nadu And Anr. WP(C) No. 213/2023]
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