Evict encroachers, deities yearning for land: Madras High Court

Justice M Dhandapani also stated that when applications are filed under section 78 of HR&CE Act for removal of encroachments, the HR&CE authorities are “duty bound” to act immediately
Madras High Court
Madras High Court (File Photo| EPS)
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CHENNAI: The Madras High Court has observed that failure on the part of the HR&CE department in acting against encroachers will leave deities yearning for their share.

The observation was made by Justice M Dhandapani recently while dismissing a batch of petitions filed by occupants of land belonging to Perumal Swamy temple at Kathari village, Natrampalli in Tirupattur district.

“If the HR & CE authorities do not act on the Section 78 applications diligently, the intent and purpose of such dedication would get eroded and encroachers would have a field day by encroaching upon the lands making the deities yearn for due share which had been bestowed upon them from persons out of benevolence and devotion,” the judge said.

He also stated that when applications are filed under section 78 of HR&CE Act for removal of encroachments, the HR&CE authorities are “duty bound” to act immediately and not put the applications in “cold storage”.

He said the claim of the petitioners that they are owners of the land through purchase by their predecessors is “wholly erroneous” as even if it is presumed to be a purchase, it is from a person who had not got the title (rights) over the property. Therefore, it is not a legal purchase in the eye of law.

Holding that the order passed by the HR&CE commissioner, based on the order of the jurisdictional joint commissioner, is just and reasonable and legally sustainable, the judge said no interference is warranted and there are no merits in the petitions which deserved to be dismissed.

The judge also directed the commissioner to collect details of pending applications made under section 78 for eviction from the respective assistant/joint commissioners across the state and file a comprehensive report on the status of such applications.

HuT cadre gets 5 yrs RI for promoting divisive ideology

Chennai: A special court in Chennai on Monday convicted a Hizb-ut-Tahrir cadre to five years rigorous imprisonment for promoting divisive and violent ideology of the terrorist outfit, the NIA said on Tuesday. The accused, Abdullah alias Saravana Kumar, has also been fined `10,000 for offences under various sections of IPC and UA(P) Act, the agency said. The court found him guilty of advising / inciting others for commission of unlawful activity, NIA said. Investigation revealed that the accused had attempted to associate himself with the proscribed organisation with the intent of furthering its allegedly nefarious activities. ENS

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