Madras High Court: In a contempt petition filed by a 65-year-old landlady against a DMK ward secretary who refused to evict her property despite the Court dated 12-01-2023, S.M. Subramaniam, J. remarked that the Court is witnessing large scale exploitation of political power by certain politicians, especially in land grabbing matters. Further, it said that using political power and influence to grab land from a powerless common man is nothing short of day-light robbery.
The Court took note of the status report filed by the Deputy Commissioner of Police, wherein it was stated that the order passed by this Court dated 01-09-2023, wherein the Court directed the Commissioner of Police to appoint police officials and evict the politician from the premises within 2 days, has been complied with, and the respondent has already been evicted and the vacant possession was handed to the landlady by the Police authorities. However, the landlady has stated that the arrears of rent are yet to be settled by the respondent. The respondent committed default in payment of rent for more than past 5 years, by abusing his political power. The respondent being an office bearer in the ruling political party, he is emboldened to refuse payment of monthly rent to the old landlady for many years.
The Court said that the power wielding politicians have an inherent responsibility in having positive and healthy impact on the lives of the people and guiding them in the right path, but instead what we are witnessing today in many instances that the politicians are using their political connections and power to threaten and create nuisance to public at large. Politics must be played for the betterment of a common man and the Country, instead, playing with the lives of the common man for securing monetary and personal gains is not only misuse of power, but against the constitutional ideals.
The Court remarked that the Court is witnessing large scale exploitation of political power by certain politicians especially in land grabbing matters. This will pave the way for an unhealthy democracy. Using political power and influence to grab land from a powerless common man is nothing short of day-light robbery. A common man may seem powerless in front of the society. But every citizen of our Great Nation and his rights are Constitutionally protected. The Court said that it will not remain a mere spectator, especially when the citizen’s right to carry on with a peaceful life under Article 21 is threatened.
The Court noted that it took 12 years for the senior landlady to vacate the Tenant through the Court of Law with the assistance of Police and several years rent has not been paid.
The Court further said that the District Collector, under the provisions of the Welfare of Parents and Senior Citizens Act, 2007 is duty bound to protect the security and dignity of the senior citizen living in his/her District.
The Court said that the lengthy Court proceedings in rent control matters are being abused by certain litigants by protracting the case to evade eviction by the landlords and to recover arrears of rent. Even under the new enactment on Rental Law, few tenants are attempting to protract the legal proceedings with the gainful guidance of the legal brains and by taking undue advantage of the frequent adjournments being granted liberally by the Rent Controller / Courts.
The Court noted that a huge amount of rental arrears is yet to be settled in favor of the landlady by the respondent. Thus, the Court asked her to file a memo of calculation of arrears of rent due and serve the copy of the same to the respondent.
The matter will next be taken up on 11-09-2023.
[R. Girija v .S. Ramalingam, Contempt Petition No.1341 of 2023, Order dated 04-09-2023]
Advocates who appeared in this case :
For Petitioner: Advocate S.N.Narasimhulu
For Respondents: Government Advocate .S.Vinoth Kumar
