Madras HC Says Political power cannot be exploited to grab the land from common people.
TITLE: R. Girija Vs. Ramalingam and Another.
Decided On: September 4, 2023.
CONT.P.No.1341 of 2023 in C.R.P.No.3983 of 2022.
CORAM: Hon’ble Mr. Justice S.M. Subramaniam.
Facts:
The petitioner has stated that the arrears of rent is yet to be settled by the 1st respondent. The 1st respondent committed default in payment of rent for the past more than 5 years, by abusing his political power. The respondent being an office bearer in the ruling political party (DMK), he is emboldened to refuse payment of monthly rent to the old landlady for many years. It took 12 years for the senior landlady to vacate the 1st respondent / Tenant through the Court of Law with the assistance of Police. Several years rent has not been paid. The husband of the contempt petitioner is aged about 75 years. Senior citizens at their old age require funds to meet out their medical expenditures and to lead a normal life. The District Collector under the provisions of the Senior Citizen Act is duty bound to protect the security and dignity of the senior citizen living in his/her District. Rules framed under the Senior Citizen Act.
Legal Analysis and Decision:
The court was hearing a contempt petition filed by a 65 years old Landlady against a DMK Ward Secretary who refused to evict her property despite court orders. The court had earlier directed the Commissioner of Police to depute required number of police officials and evict the politician from the premises within 48 hours. Following this, the Deputy Commissioner of Police filed a status report informing the court. that its order had been complied with and the same was acknowledged by the landlady. She however informed the court that arrears of rent was yet to be settled and that the politician had been committing default of rent for the past more than five years by abusing his political power. The court noted that lengthy court proceedings in Rent Control matters were being abused by litigants to evade eviction and recovery of arrears. The court added that attempts to take undue advantage by seeking adjournments must also be thwarted. The lengthy Court proceedings in Rent Control matters are being abused by certain litigants by protracting the case in order 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. Nothing that the landlady and her husband were senior citizens who had been suffering for a long period of time, the court also observed that under the Senior Citizen Act, it was the duty of the State and the District Collector to ensure security and dignity to the senior citizens.
Conclusion:
The Court stated that the court cannot sit back and watch that the common man is facing ordeals. The 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.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.