After SC diktat, Madras HC issues memo to retransfer land grab cases pending in spl courts to jurisdictional magistrate courts

C Shivakumar @ CHENNAI:
After Supreme Court quashed two State government notifications of 2011 which sanctioned the formation of 36 anti-land grabbing special cells in Tamil Nadu and transfer of land-grabbing cases to special courts last week, the Madras High Court  has issued memo ordering retransfer of land grab cases pending on the file of special courts to jurisdictional magistrate courts.

In a office memorandum, issued on Wednesday to principal judge, city civil court, Chennai, the principal district judge/district judge, Coimbatore, Cuddalore, Dharmapuri, Erode, Karur, Krishnagiri, Madurai, Namakkal, Perambalur, Ramanathapuram, Salem, Thanjavur, Thoothukudi, Theni, Tiruppur, Tiruchirapalli, Tiruvallur, Tirunelveli, Villupuram, Virudhunagar and the district Judge-cum-Chief Judicial Magistrate, Udhagamandalam were directed to re-transfer the cases pertaining to Land Grabbing pending on the file of Special Courts to the Jurisdictional Magistrate Courts.

In 2011, the State of Tamil Nadu sanctioned the formation of 36 Anti Land Grabbing Special Cells in Tamil Nadu through a Government Order with one cell each at the State Police Headquarters, seven Commissionerates, and 28 Districts to deal with land grabbing cases in the State. Similarly, another Government order was issued and the Land Grabbing Cases were ordered to be transferred to the Special Courts which were constituted to deal with land grab cases.

The High Court of Madras in 2015 set aside the Government Order because order does not define or mention ‘land grabbing cases’. The rationale behind dismissing the government order was that it gives unfettered and unguided arbitrary powers to the police officers.

Following this the state government approached the Supreme Court in which an interim stay was granted and the court has stated that in view of the interim order passed by this Court, there shall not be any impediment for functioning of such Courts. Following this, last year, the High Court in its official memoranda had directed the presiding officers of the Special Courts for exclusive trial of land grabbing cases to expedite the trial proceedings and the Principal District Judges were directed to re-transfer the cases pertaining to land grabbing and ensure speedy trial and disposal of such cases in the Special Court for exclusive trial of land grabbing cases. And now after the verdict of the Supreme Court the cases have again been retransferred.