1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned final judgment and orders dated 05.08.2019, 27.08.2019 and 29.08.2019 passed by the High Court of Judicature at Madras in Criminal O.P. No. 20889/2019, by which the learned Single Judge of the High Court has directed to transfer 864 cases in which the final reports have been filed before the concerned Special Courts for Land Grabbing Cases pending in various districts and has directed the concerned Special Courts before whom the final reports are filed to return back the final reports filed by the concerned investigating officers of the respective police stations in order to enable those final reports to be filed before the concerned jurisdictional Courts, the High Court of Judicature at Madras through the Registrar General has preferred the present appeals, being in a quandary with regard to the implementation of the impugned orders though passed on the judicial side.
3. The facts leading to the present appeals in a nutshell are as under:
G.O of creating of Land Grabbing cell in Tamil Nadu
That the State of Tamil Nadu issued G.O. (Ms) No. 423 dated 28.07.2011 creating 36 Anti Land Grabbing Special Cells in the State of Tamil Nadu with one cell each at the State Police Headquarters, 7 Commissionerates and 28 Districts except Karur, Tiruvannamalai and Nagappattinam Districts. That consequent upon G.O. (Ms) No. 423 dated 28.07.2011, Special Courts were constituted exclusively to deal with Land Grabbing Cases. That the aforesaid G.O. was the subject matter of controversy before the High Court.
High court of Madras set aside G.O and directed to enact a legislation
3.1 By a common judgment and order dated 10.02.2015 passed in Writ Petition No. 18872/2014 and other allied writ petitions, the High Court has set aside G.O (Ms) No. 423 dated 28.07.2011 and G.O.(Ms) No. 451, Home (Court III) Department dated 11.08.2011. While allowing those writ petitions, the High Court has also observed that the State Government is at liberty to enact any appropriate legislation on the lines of A.P. Land Grabbing (Prohibition) Act, 1982 or better legislations. The common judgment and order dated 10.02.2015 passed in Writ Petition No. 18872/2014 and other allied writ petitions is the subject matter before this Court by way of Special Leave Petition (Civil) Nos. 6050 6078 of 2015.
Supreme Court stayed the High Court of Madras order
3.2 That by order dated 27.02.2015, this Court, while issuing notice in the aforesaid special leave petitions, stayed the operation and implementation of the judgment and order dated 10.02.2015 passed by the High Court. Meaning thereby, pursuant to the said interim order, the aforesaid G.O. No. 423 dated 28.07.2011 and G.O. No. 451 dated 11.08.2011 are in operation and the jurisdiction of the Land Grabbing Cases is to be continued with the Special Cell/Special Courts.
High Court of Madras on a Criminal Original Petition has transferred the case from Land Grabbing court to CCB court
3.3 That, during the pendency of the aforesaid special leave petitions, one, S. Natarajan, original complainant in Crime No. 434/2015 pending on the file of the Special Court for Land Grabbing Cases No. II, Chennai, filed Criminal O.P. No. 20889/2019 before the High Court, seeking transfer of the said case from the Special Court to the Court of CCB and CBCID, Metropolitan Magistrate, Egmore, Chennai. By order dated 05.08.2019, the learned Single Judge of the High Court has allowed/disposed of the said petition and has directed the concerned police officials to take back the final report from the Special Court for Land Grabbing Cases No. II, Chennai and to file the same before the CCB and CBCID, Metropolitan Magistrate, Egmore, Chennai.
High Court in further direction has directed transfer of 82 pending cases from Special courts to jurisdictional courts
3.4 That thereafter, on ‘mentioning’ made by the learned Additional Public Prosecutor in the disposed of matter, being the aforesaid Criminal O.P. No. 20889/2019, disposed of vide order dated 05.08.2019, a further order dated 27.08.2019 came to be passed by the learned Single Judge of the High Court directing transfer of other 82 cases pending on the files of the Special Courts to the jurisdictional Courts. That thereafter, again on a ‘special mentioning’ made by the learned Additional Public Prosecutor in the disposed of matter being Criminal O.P. No. 20889/2019, the learned Single Judge by order dated 29.08.2019 has directed transfer of 782 cases pending in the Special Courts to the jurisdictional Courts. Orders dated 05.08.2019, 27.08.2019 and 29.08.2019 are the subject matter of the present appeals.
Apex Court quashed the order of transferring cases from Special courts to jurisdictional courts
5. Even otherwise on merits also, orders dated 05.08.2019, 27.08.2019 and 29.08.2019 transferring the cases/final reports from the concerned Special Courts for Land Grabbing Cases pending in different districts to the concerned jurisdictional Magistrates in different districts of the State can be said to be in the teeth of the interim order passed by this Court dated 27.02.2015 in Special Leave Petition (Civil) Nos. 6050 6078/2015. Once the judgment and order passed by the High Court quashing and setting aside G.O. No. 423 dated 28.07.2011 and G.O. No. 451 dated 11.08.2011 came to be stayed by this Court, the jurisdiction of the concerned Special Courts to deal with the Land Grabbing Cases continues. From the impugned orders, it appears that the learned Single Judge of the High Court was aware of the pending proceedings before this Court and despite that the impugned orders are passed transferring the final reports/cases from the concerned Special Courts to the jurisdictional Magistrates. Under the circumstances also, impugned orders passed by the High Court dated 05.08.2019, 27.08.2019 & 29.08.2019 passed in Criminal O.P. No. 20889/2019 are unsustainable and deserve to be quashed and set aside.
6. In view of the above and for the reasons stated above, the present appeals are allowed. Impugned judgment and orders dated 05.08.2019, 6 27.08.2019 & 29.08.2019 passed by the learned Single Judge of the High Court of Judicature at Madras in Criminal O.P. No. 20889/2019 directing transfer of approximately 864 cases from the concerned Special Courts to the concerned jurisdictional Magistrates are hereby quashed and set aside. However, the same shall be subject to the final outcome and the decision of this Court in the pending proceedings being Special Leave Petition (Civil) Nos. 6050-6078 of 2015. All these appeals are accordingly allowed.
Party
Registrar General, High Court of Judicature at Madras Versus The State, represented by the Inspector of Police, Central Crime Branch, Chennai & Another – CRIMINAL APPEAL NOS. 272-274 OF 2022 (Arising out of S.L.P.(Criminal) Nos. 1752-1754 of 2022 @ D.No. 2419/2022 – FEBRUARY 23, 2022.
https://main.sci.gov.in/supremecourt/2022/2419/2419_2022_12_18_33662_Order_23-Feb-2022.pdf
Madras high court order
S.Natarajan Vs. State Rep. by The Inspector of Police, Central Crime Branch, Team – XVI-A, (Cr.No.434/2015) Vepery, Chennai-600 007. … Petitioner … Respondent – Crl.O.P.No.20889 of 2019 – DATED: 05.08.2019 CORAM THE HON’BLE MR.JUSTICE N.ANAND VENKATESH
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/483101
