News Tamil Nadu

Madras High Court Directs Investigation Into Murasoli Trust Land Dispute

January 10, 2024
The Commune

The Madras High Court on 4 January 2024, presided over by Justice SM Subramaniam, directed the state government to furnish revenue documents related to Murasoli Trust’s land in the Panchami land case. The Trust, representing DMK, sought to restrain the National Commission for Scheduled Castes (NCSC) from hearing a complaint by Tamil Nadu Bharatiya Janata Party Secretary R Srinivasan. The Trust argued insufficient evidence for the Panchami land claim, citing ownership documents. They challenged Srinivasan’s standing, questioning the political bias of former NCSC vice-chairman L Murugan. The NCSC asserted its duty to investigate SC deprivation. 

On 5 January 2024, the Tamil Nadu government informed the Madras High Court that, based on revenue department records, the land housing the Murasoli office belongs to Anjugam Publications, refuting Panchami land claims. RS Bharathi, DMK organization secretary, challenged the National Commission for SC/ST’s notice on the alleged Panchami land issue. The Additional Advocate General asserted Anjugam’s ownership, accusing political misuse of the commission. The Murasoli Trust’s counsel claimed a prolonged, publicity-driven delay. 

In a development on 10 January 2024, the Madras High Court directed the National Commission for Scheduled Castes (NCSC) to issue new summons in the Murasoli Trust land dispute. Justice SM Subramaniam invalidated the prior summons by ex-NCSC Vice-Chairman L Murugan, now a Central Minister, ordering a fresh notice. The judge urged the commission to conduct an unbiased inquiry, considering the TN government’s documents and BJP’s R Srinivasan’s complaint. 

Dismissing RS Bharathi’s plea to annul the 2019 summons, Justice Subramaniam stated that the disputed facts about Panchami land should be examined through the commission’s investigation. 

The judge observed, “Such disputed facts relating to immovable properties cannot be adjudicated in the present writ proceedings. The complaint before the NCSC is that the Panchami lands allotted to scheduled caste members were transferred to other persons in an illegal manner. Thus an investigation and an inquiry by the commission is warranted for the purpose of ascertaining the truth regarding the character of the land in safeguarding and protecting the interest of the scheduled caste members.” 

Justice Subramaniam noted that the notices from the commission to the petitioner lost relevance as the third respondent, Murugan became a Minister and no longer held the vice-chairman position in the NCSC.

Addressing arguments against the commission investigating property rights, the judge emphasised the primary duty of the commission to safeguard the rights and socio-economic development of SCs under Article 338(5)(b). He said, “It squarely falls within the ambit of the NCSC to probe any such complaints with respect to the deprivation of rights and safeguards of the SCs. It is the duty of the Commission to inquire into any such illegal occupation of Panchami lands”.

Rejecting assumptions about the commission exceeding its powers, the judge stated that mere presumption isn’t grounds for a writ of prohibition, especially regarding Bharathi’s plea to halt the commission from hearing complaints.

Regarding allegations of political motive and malice in the summons, the judge emphasized the need to examine the nature of the dispute, prioritizing constitutional and legal rights over political affiliations in the public interest.

TN BJP chief K Annamalai took to his X handle to write about this. He wrote, “Allegations that the Panchami land belonging to Scheduled Castes, where the office of Mursoli, the DMK’s official newspaper, is located have been for years. The fact that the DMK, which should have been asked to explain this allegation on several platforms, has avoided giving an answer has raised strong suspicions among the public. In the case of BJP4Tamilnadu state general secretary Mr. @ProfessorBJP as the first complainant and @BJP4Tamilnadu

 state list team leader Mr. @tadaperiyasami as the second complainant, the DMK sought a ban on the inquiry by the National Listing Commission. The following petition was dismissed today by the Hon’ble Madras High Court and a fresh notice has been issued to start the investigation.

I earnestly request that the DMK should not try to delay the investigation any more and cooperate with the investigation. BJP’s legal struggle to recover Panchami lands belonging to Scheduled Community will continue.”

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