Unfortunate that some claiming to be advocates act like ''paid hooligans'' to grab land: Madras High Court

The Madras High Court on Monday expressed anguish over the fact that persons claiming to be advocates were acting like paid hooligans to grab land in Tamil Nadu..Observing that there is a steep increase in offences relating to property in the last three decades, the Court opined that there was a need to enact a special law in the State to counter land grabbing, akin to such laws passed in Andhra Pradesh, Karnataka, Odisha and Gujarat..The Madurai Bench of Justices N Kirubakaran and B Pugalendhi observed in its order:."It is very 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. As a result, the Police Force is also not registering the cases against them fearing that there will be agitation by Advocates.".The Court also took judicial notice that political leaders and communal organizations, along with "black sheep" in the police force and the administration, are known to indulge in land grabbing. To fabricate documents, Registrars are also stated to be hand-in-glove with land grabbers, it was noted. .The Court was hearing a plea moved by 90-year-old Muthaiah, who claimed that his property had been taken over by land grabbers through fabrication of documents..Opining that the case raised an issue of public importance, the Bench remarked that many land grabbers acted to violate the Constitutional property rights of people with the aid of disgruntled elements in Police Force, muscle power and political power. .Whereas the State of Tamil Nadu had earlier brought in 36 Anti-Land Grabbing Special Cells and Special Courts in certain districts to deal with such cases, these were struck down by the Madras High Court in R Thamaraiselvan v. Government of Tamil Nadu. A challenge in this case is pending before the Supreme Court..While rendering its verdict, however, the Madras High Court had clarified that the State was at liberty to bring about legislation to counter land grabbing. On Monday, the Madurai Bench questioned why the State has not acted on this suggestion by the Court. As noted in the order, ."When the Division Bench of this Court highlighted the necessity for having a suitable Legislation on the lines of A.P. Land Grabbing (Prohibition) Act, 1982 or better Legislations, the suggestion given by the Division Bench of this Court should have been considered very seriously and the issue could have been addressed by a suitable Legislation. However, half-a-decade has gone after the order passed by the Division Bench of this Court i.e., from 10.02.2015. 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.".The Court pointed out that without such legislation, cases of land grabbing will continue to add to the burden of the police and the courts. ."If one's land or property is grabbed, not only the right of the owner is violated, but also criminal case and civil case are filed. Because of that, already stressed Police Force and the Court, wherein the arrears are mounting, are unnecessarily burdened due to filing of new cases. 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", the Bench opined. .In this backdrop, the Court has now called on the Advocate General to obtain instructions on the larger issues raised in the case, which will be taken up next on December 16. Special Government Pleader M Muthugeethaiyan took notice for the State authorities in the matter on Monday. .Read the order: