Single judge direction asking CBI to book officials set aside
The Adi Dravidar Welfare Department moved an appeal seeking to set aside the single-judge order directing CBI to investigate the officials of the department.
Madras HC
CHENNAI: The Madras High Court set aside the order of a single judge directing the CBI to register a case against officials responsible for not initiating land acquisition proceedings to allot plots for landless Adi Dravidar community since 2001.
“It is unnecessary for the CBI to register a case in this matter… since no circumstances warranting registration of case arises in the present proceedings,” said the division bench comprising Justice SM Subramaniam and Justice K Rajasekar while allowing the State’s appeal.
The Adi Dravidar Welfare Department moved an appeal seeking to set aside the single-judge order directing CBI to investigate the officials of the department. Appearing for the State, Additional Advocate General Ramanlaal submitted that the direction to the central agency to register a case was beyond the scope of the writ proceedings. More so because the government has already initiated action to acquire the said land to implement the scheme, he added.
The respondents, who were the petitioners of the writ petition, pointed out that the earlier land acquisition proceedings were quashed by the court and hence the patta of the acquired land should transferred to them as the legal heirs of the erstwhile owners of the land.
“This court is inclined to consider the appeal, since the erred officials who caused delay in concluding acquisition proceeding retired from the service long back, the State could not take disciplinary actions against them,” the bench said.
As the fresh land acquisition proceedings were yet to commence, the title of the land should be transferred to the private respondents as on date under the Tamil Nadu Patta Passbook Act, it added. “After commencing the acquisition proceedings, the State can make necessary changes and implement the scheme for the benefit of the Adi-Dravidar community as per the earlier decision of the government,” it said.
Three individuals had moved the court seeking to direct the State to transfer the patta of 3.92 acres of land at Kalur village in Kancheepuram.
According to them, in 2001 the court quashed the land acquisition proceeding and directed the Adi Dravidar Welfare Department to initiate fresh land acquisition proceedings. However, it was not done, said the petitioner, seeking to transfer the patta in their favour as the heirs of erstwhile owners of the land.Justice P Velmurugan had on January 30 said directed the CBI to register case against the erring officials.
