Resuming its hearing on Wednesday on a petition filed by the DMK seeking allotment of space at Marina beach for the burial of its departed leader M Karunanidhi, the Madras High Court dismissed all pending petitions challenging burials on the Marina.

The petitions included one by social activist Traffic Ramaswamy,

After a special sitting that commenced late last night at Acting Chief Justice Huluvadi G Ramesh’s residence, the court had adjourned the matter at 1.15 am for resumed hearing at 8 am.

On Wednesday, the hearing resumed in the court, when the first bench comprising Acting Chief Justice Huluvadi G Ramesh and Justice S S Sundar dismissed the petitions.

The DMK had moved the court late Tuesday evening, after the state government announced its inability to allot burial space for Karunanidhi on the Marina beach citing legal hurdles.

The five-time Tamil Nadu chief minister and DMK patriarch passed away on Tuesday evening after a prolonged illness. He was 94.

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The first bench, comprising Acting Chief Justice Huluvadi G Ramesh and Justice S S Sundar, took up the case for hearing in a special late night sitting at the acting chief justice’s residence in Chennai.

As the DMK counsel questioned the government’s legal ground for not allotting space for burying Karunanidhi at the Marina beach, senior counsel for the state government made their submissions saying they would get instructions and file a counter in the morning.

Acting Chief Justice Huluvadi G Ramesh then adjourned the case to 8 am, Wednesday.

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As the hearing resumed in the Madras High Court on Wednesday morning, the Tamil Nadu government filed its counter affidavit.

On Tuesday night, the DMK argued that there was no legal impediment to allotting space within the memorial of former Chief Minister C N Annadurai on the beachfront.

In his observations, the acting chief justice told the government counsel that “every minute of delay” might cause problems to the government and asked if it was prepared to handle it. He also said Karunandihi was among the country’s tallest leaders and asked what was the problem in allotting a burial site for him at the Marina.

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Advocate G Doraisamy (Periyar Dravidar Kazhagam) and PMK advocate K Balu submitted before the bench that they were withdrawing their petitions against construction of a memorial for Chief Minister J Jayalalithaa at the Marina beach. This would remove legal hurdles for the government allowing a site for Karunanidhi, they told reporters later.

Earlier, DMK working president M K Stalin had written to Chief Minister K Palaniswami seeking space inside the mausoleum complex of the departed leader’s mentor C N Annadurai at the Marina.

A government statement said it was “unable to allot space at Marina beach owing to several pending cases in the Madras High Court and legal complications”.

It said the government was prepared to allot a two-acre site on Sardar Patel Road near the memorials to Rajaji and Kamaraj.

(With agency inputs)