Panchami land case: HC issues notice to NCSC chairman
The court directed the commission to clarify whether it had the jurisdiction to investigate the complaint.
Madras High Court
CHENNAI: The Madras High Court on Tuesday directed the Chairman of the National Commission for Scheduled Castes (NCSC) to respond to a petition against the notice sent to the Murasoli trust in connection with a Panchami land case.
During the hearing of the writ petition filed by the Murasoli trust, Justice Anita Sumanth expressed concern over the delayed filing of the counter affidavit and directed the Additional Solicitor General to ensure that it is submitted by June 27, as the petition has been pending since 2020.
Furthermore, the court directed the commission to clarify whether it had the jurisdiction to investigate the complaint.
During the course of the hearing, senior counsel P Wilson representing the petitioner, contended that the commission had no authority whatsoever to usurp the jurisdiction of a civil court which alone could decide the title of a property.
“The complaint was filed by R Srinivasan, a BJP member, against the Murasoli trust to the commission in 2019. Subsequently, the then vice-chairman of the commission, L Murugan, issued notices to the trustees and summoned them for an inquiry. How can the commission take cognisance of a complaint that involves deciding the title of a property? Suppose if someone lodges a complaint that Kamalalayam (state BJP headquarters) is situated on Panchami land, will the commission conduct an inquiry on that too? The plaint was filed with political motives, “ the senior counsel argued.
Therefore, he sought a writ of prohibition restraining the commission from proceeding forward with the inquiry.
Responding to this, the Additional Solicitor General ARL Sundaresan representing the NCSC, submitted that the commission is not politicising the issue and accused the petitioner of politicizing the case. He sought time untill June 27 to file a counter affidavit in the plea.
The Murasoli trust, associated with the ruling Dravida Munnetra Kazhagam (DMK), approached the Madras High Court in 2020 to stay the inquiry into a complaint alleging that the trust had occupied over 12 grounds of Panchami land in Kodambakkam, Chennai.
