Saturday, March 3, 2012


Cast Hindus Tried to hoodwink Judicial system to grab the land acquired for Home less Dalit with the help of caste minded  bureaucrats.

‘REGISTRATION DEPT POORLY MAINTAINED’

HC fines six for bid to claw back acquired land

Says They Used Court To Drag Case


Chennai: Slamming unscrupulous ‘litigation mongers’ who use courts to drag civil casesover properties,theMadras high court has imposed Rs 60,000 cost on six persons who sought to get back lands acquired in 1983. 
    They shall pay the amount to the Tamil Nadu State Legal Services Authority, in equal proportions, within four weeks, ruled a division bench comprising Justice Elipe Dharma Rao and Justice N Kirubakaran on Wednesday. 
    Expressing displeasure at the poor maintenance of re
cords and data in the state registration department, the judges also asked the inspector-general of registration to take criminal and departmental action against officials who kept registering high-value properties without duly verifying their present status. The six persons, who approached the high court with the present case, too shall face the penal proceedings, the judges added. 
    The matter relates to 4.06 acres of land in Sriperumpudur taluk, acquired for a housing project for dalits of Chembarambakkam village. The acquisition notification was issued in December 1983 and the entire compensation amount was deposited within a year thereafter. The government took possession of the land in 1993, and even distributed it to the beneficiaries. 
    The present appellants ‘purchased’ the property in December 2006, and initiated 
a civil case in a local court, and then filed a writ petition too. After the writ petition was dismissed, the six people including the sellers, preferred the present appeal. 
    Rejecting their plea, the bench said: “It is really shocking to know that the appellants – P Sundar and S Gomathi – having dared to purchase the lands already acquired under due process of law, areinitiating different proceedings against the officials as if they are bonafide purchasers of the lands. ” 
    Describing them as ‘cunning’ litigants initiating ‘clandestine’ proceedings, the judges dismissed the appeal in order “to curb the practice of filing fictitious litigations like the one in hand by unscrupulous litigants like the appellants.” 
    The judges pointed out that the sale transaction was allowed to happen in 2006 and the already acquired property was registered in the names of the present appellants only due to the callous attitude of the sub-registrar’s office at Poonamallee. Noting that the present appealwould nothavebeen filed had the authorities were vigilant at the time of registering the documents, the judges said: “The dereliction of duty of the officers concerned at the helm of affairs at the relevant point of time and their ‘inaction’, for the reasons best known to them, has precipitated the matter, paving the way for unscrupulous persons to claim rights based on such illegal and fictitious documents.” 
    They said: “We place on recordour anguish atthe apathy and sorry state of affairs prevailing in the registration department in this time of real estate boom and undervaluation of the properties. If such unworthy officers are allowed to deal with the properties, it would not only help the avariciousclientstocome up with ‘claims’ like the case on hand.”

source: The Times of India dt 1.3.12

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