CHENNAI: Justice S Vaidyanathan of the HC has slammed Velachery-based Annai Indira Gandhi Hut Dwellers Welfare Association, which grabbed land in Vijaya Nagar, for accusing him of being biased.
“I have never shown any partiality to anyone,” the judge said, while dismissing a writ petition from the association seeking to quash an order dated December 29, 2013, of the State revenue secretary asking them to vacate.
The association had filed an affidavit along with a complaint dated February 1 last addressed to the Chief Justice (CJ) alleging that Justice Vaidyanathan should recuse from hearing the petition.
Justice Vaidyanathan said it is for the judge to decide as to whether he should recuse himself from hearing the case or not and no one can compel him to opt out from hearing the case, when he had nothing personal in the matter. Raising questions during the arguments is only to seek clarifications.
The court is empowered to ask question or make any observation and ultimately, the judgment alone will speak. The action of the petitioner, who had given the complaint to the CJ, would amount to interference with the judiciary. Any judge can express his views in the open court and ask questions by way of clarification. Whether the complaint would amount to contempt or not, is for the CJ to decide, the judge said and added that he has to discharge his duties based on the oath taken, more particularly in the light of the term ‘fear or favour’.
Coming to the case, the judge said that on a bird’s eye view on the inspection report, it is clear that the subject lands alleged to have been claimed by the members of the association are not for residential purpose alone and more places are also used for commercial purpose. Admittedly, after order of Chennai Collector, the assignment of land had been cancelled, which has been confirmed by the Commissioner of Land Administration and the matter attained finality.
The government has not issued any order in favour of any members of the petitioner association allotting any land for residential purpose and hence squatting in the property is illegal. The land grabbers cannot be shown any indulgence. If this court is coming to the rescue of the association, then it is like the court also perpetuating illegality, the judge said and dismissed the petition.