[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to appoint a retired High Court Judge so as to find out the movable and immovable assets of late Tamil Nadu Chief Minister J.Jayalalitha and submit a report and also for directing the respondents 3 and 4 to issue proper Government Orders and attach all movable and immovable properties of late Tamil Nadu Chief Minister J.Jayalalitha, by way of issuing a writ of mandamus.
2.It is averred in the petition that the petitioner is the Managing Trustee of Tamil Nadu Centre for Public Interest Litigation. Further it is averred in the petition that the then Chief Minister of Tamil Nadu J.Jayalalitha has passed away and she owned so many movable and immovable properties. She has left no legal heir and therefore the present writ petition has been filed for getting the reliefs sought therein.
3.Mr.P.Paulpandi, learned Senior Panel Counsel for Central Government, has taken notice for the respondents 1 and 2 and Mr.B.Pugalendhi, learned Additional Advocate General, has taken notice for the respondents 3 to 6.
4.The petitioner is present and he advanced his argument on the basis of averments made in the writ petition.
5.The learned Additional Advocate General appearing for the respondents 3 to 6 has contended sparingly to the effect that the present writ petition is not legally maintainable in view of the Guidelines given by the Hon'ble Surpeme Court.
6.The Hon'ble Supreme Court has dealt with similar nature of writ petitions and ultimately evolved certain Guidelines wherein it has been candidly stated to the effect that no petition involving individual/ personal matter shall be entertained as a PIL matter except as indicated hereinafter.
7.From a cursory look of the Guidelines given by the Hon'ble Supreme Court, it is made clear that a Public Interest Litigation in the form of writ petition cannot be filed in respect of individual/personal. It is an admitted fact that the then Chief Minister of Tamil Nadu J.Jayalalitha has passed away. The main contention putforth on the side of the petitioner is that the then Chief Minister of Tamil Nadu J.Jayalalitha has left so many movables and immovables. The further contention of the petitioner is that she has left no legal heir.
8.Considering the fact that the alleged movables and immovables of the then Chief Minister of Tamil Nadu J.Jayalalitha are nothing, but her personal properties, as per Guidelines given by the Hon'ble Supreme Court, the present Public Interest Litigation in the form of writ of mandamus is not legally maintainable and therefore the same is liable to be dismissed.
9.In fine, this writ petition is dismissed. No costs.
To
1.The Principal Secretary to Prime Minister, Prime Minister's Office, Government of India, South Block, Raisina Hill, New Delhi ? 110 001.
2.The Home Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi ? 110 001.
3.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai ? 9.
4.The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai ? 9.
5.The Law Secretary, Government of Tamil Nadu, Secretariat, Chennai ? 9.
6.The Secretary, Tamil Nadu Legislative Assembly, Government of Tamil Nadu, Secretariat, Chennai ? 9..