Unfortunate That Some People Claiming To Be Advocates Act Like ''Paid Hooligans'' To Grab Land: Madras High Court

While taking Judicial note of the fact that many political parties and communal organizations along with some black-sheeps in the Police Force as well as in the administration, are indulging in Land Grabbing, the Madras High Court recently observed, "It is unfortunate that even some people claiming to be Advocates dressed up in black and white also act, like 'paid hooligans' to grab the properties with the connivance of land grabbers." The Bench of Justice N. Kirubakaran and Justice B. Pugalendhi further 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 90 years), who alleged that his land has been grabbed in the year 2008 by way of fabricated documents. Noting a steep increase in the offences relating to the properties, especially, Land Grabbing, the Court also observed that many Land Grabbers with the help of disgruntled elements in Police Force, muscle power and political power are encroaching upon the properties of innocent persons and enjoying the same illegally. [NOTE: The State Government had, in the year 2011, ordered the formation of 36 Anti-Land Grabbing Special Cells in Tamil Nadu to deal with Land Grabbing cases and Special Courts in certain Districts were dedicated to exclusively conduct trial of Land Grabbing cases under the Code of Criminal Procedure. However, the said Government Orders were quashed by Madras HC in R.Thamaraiselvan v. Government of Tamil Nadu, 2015 (2) MLJ 641 and the matter is currently pending before the Apex Court.] Court's observations The Court, in its order, suggested, "If the Government is so interested, in the next Assembly Session or by a Special Session, it can pass an appropriate Act to prevent Land Grabbing and protect the interest of property/land owners." Further, the Court observed that when someone's land or property is grabbed, not only the right of the owner is violated, but also criminal case and civil case are filed and because of that, "already stressed Police Force and the Court, wherein the arrears are mounting, are unnecessarily burdened due to filing of new cases." The Court further suggested that "to avoid these types of cases, the better way is to legislate on the lines of Andhra Pradesh, Karnataka, Odisha and Gujarat Land Grabbing Act." Lastly, the Court also remarked that for the fabrication of documents, some of the Registrars are "stated to be hand in glove with the Land Grabbers and they are substituting even three or four-year-old documents with new documents to make it appear as if the Land Grabbers are the owners of the properties." The Court asked the Advocate General to get appropriate instructions. The matter has been posted for further hearing on 16th December. Case title - Muthaiah v. The Principal Secretary To Government Of Tamil Nadu [WP(MD) No.17677 of 2020] Click Here To Download OrderRead Order

Unfortunate That Some People Claiming To Be Advocates Act Like ''Paid Hooligans'' To Grab Land: Madras High Court

Sparsh Upadhyay

"The Police Force is also not registering the cases against them fearing that there will be agitation by Advocates."

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