Madras HC: Unfortunate that some people claiming to be advocates act like ”Paid Hooligans” to grab land
Recently the Madras HC observed that it is unlucky that even some people are claiming to be adv. dressed up in black and white also act, like paid hooligans to seize the properties with the ease of land grabbers, while taking Judicial note of the fact that many communal organizations and political parties along with some black-sheeps in the Police Force and in the administration, are indulging in Land Grabbing.
Further, the Bench of Justice N. Kirubakaran and Justice B. Pugalendhi observed, “As a result, the Police Force is also not registering the cases against them fearing that there will be agitation by Advocates.”
The matter before the Court
The Court was hearing a plea moved by one Muthaiah (aged about ninety years), who claimed that his land had been grabbed by way of fake documents in the year 2008.
Noting a high increase in the crimes relating to the properties, particularly Land Grabbing, the Court also observed that many Land Grabbers with the help of dissatisfied elements in the Police Force, muscle power and political power are intruding upon the properties of innocent persons and illegally enjoying the same.
NOTE: In the year 2011, the State Government had directed the formation of 36 Anti-Land Grabbing Special Cells in Tamil Nadu to deal with Land Grabbing cases and Special Courts in some Districts were dedicated to exclusively conduct trials of Land Grabbing cases under the Code of Criminal Procedure. However, the said Government Orders were cancelled by Madras HC in R.Thamaraiselvan v. Government of Tamil Nadu, 2015 (2) MLJ 641 and the matter is recently pending before the Apex Court.
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In the order, the Court suggested, “If the Government is so interested, in the next Assembly Session or by a Special Session, it can pass a proper Act to avoid Land Grabbing and safeguard the interest of property and land owners.”
Further, the Court observed that when someone’s land or property is seized, not only the right of the owner is infringed, but also criminal case and civil case are filed and because of that, already stressed Police Force and the Court are needlessly burdened due to filing of new cases wherein the arrears are ascending.
Further, the Court suggested that “to prevent these types of cases, the better way is to legislate on the lines of AP, Karnataka, Odisha and Gujarat Land Grabbing Act.”
Lastly, the Court also remarked that for the fake documents, some of the Registrars are stated to be hand in glove with the Land Grabbers and they are exchanging even 3 or 4 years old documents with new documents to make it present as if the Land Grabbers are the owners of the properties.
The Court asked the Advocate General to get proper instructions. The matter has been posted for further hearing on 16th December.