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Synopsis

The Madras High Court recently observed that at present it is witnessing large-scale exploitation of political power by certain politicians, especially in land-grabbing matters.

The bench of Justice SM Subramaniam said that using political power and influence to grab land from a powerless common man is nothing short of daylight robbery.

While dealing with a contempt petition filed by an old landlady whose property had earlier been illegally occupied by politically influential respondent and it took her 12 years to take back the possession, court emphasised that politicians play an influential role in the life of a common man and the words and actions of a politician have an impact on his followers, party men and public at large.

"It is imperative that this power is not to be misused for illegal and personal gains," court said. 

It highlighted that power-wielding politicians have an inherent responsibility to have a positive and healthy impact on the lives of the people and guide them on 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," court underscored. 

Regarding courts' role in ensuring that justice prevails, the high court said, "This 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".

It added that a common man may seem powerless in front of the society but every citizen of the country and his rights are Constitutionally protected.

"The Courts will not remain spectators, especially, when his/her right to carry on with a peaceful life under Article 21 is threatened,' it asserted. 

Moreover, it said that political power should be used only for the benefit of the public and not for which is detrimental to the latter.

"When politicians are given such power by the common public, it must be used for socially beneficiary issues and not for creating problems for self gains," court stressed. 

Regarding the case at hand, court noted that it had taken 12 years for the senior landlady to vacate the respondent, an office bearer in the ruling political party (DMK), through the Court of Law with the assistance of the Police and still several years' rent was due. 

Court opined that senior citizens in their old age require funds to meet their medical expenditures and to lead a normal life and 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.

Therefore, taking note of the facts of the matter, and the submission of the petitioner's counsel that he will file a memo of calculation of arrears of rent due to the petitioner, court ordered the private respondent to appear in person or through his counsel before the court on the next date of hearing. 

The matter will be next heard on September 11, 2023. 

Case Title: R.Girija v. S.Ramalingam and Another