Madras HC directs 2 Puducherry MLAs to return back temple land
The Madras High Court recently directed two BJP MLAs from Puducherry and four of their family members to return a temple property grabbed illegally. BJP MLA A John Kumar and his son Vivilian Richards John Kumar, who is also a BJP MLA, as well as their family members, have been accused of having illegally secured ownership of land parcels belonging to the Kamatchiamman Temple in Puducherry. In an interim order passed on Tuesday, Justice S M Subramaniam directed them to return the land until the probe is complete and the authorities determine the land’s rightful owners.
The Court was hearing a petition filed by the temple trust, having possession of the assets from 1935. The temple trust in this petition said the properties belonging to the temple were grabbed by creating certain fraudulent documents since it remained as vacant land. The counsel for the temple alleged a nexus between bureaucrats from the Puducherry administration (BJP is the partner of the ruling alliance) and politicos.
At the stage of admission of the plea, the Court had impleaded the Superintendent of Police, Crime Branch-Criminal Investigation Department of Puducherry, and directed him to conduct an investigation into the allegations of criminality raised against the two sitting MLAs as well as their family members.
After going through the investigation reports, the Court said that certain “shocking revelations” were found regarding the documents executed and the manner in which the government officials acted.
The web portal Bar and Bench has uploaded the full order of the Madras High Court, preventing the temple land grab by ruling BJP MLAs from Puducherry.[1]
The accused BJP MLAs and their family members claimed before the Court that they had had no role to play in the alleged instance of land grabbing and that they were merely “innocent purchasers.” They also told the Court they were willing to return the land to the temple authorities if the latter could prove their ownership. The High Court directed the Puducherry administration to take possession of the entire temple land and hand over the same to the temple administration until further orders.
“The people’s representatives involved in such nature of criminal allegations, cannot be tolerated and the MLAs have taken oath under the Constitution. Therefore, they are expected to be truthful and trustworthy Public Servants and thrive hard for the upliftment of the people residing within their Constituency, and to upheld the constitutional principles of law. They are the parens patriae of the people of their Constituency and in respect of the grievance of the people and they are constitutionally obligated to represent them in the manner contemplated,” said the order.
Justice Subramaniam also said that considering that the father-son duo held public posts and were expected to be truthful, they must subject themselves to the probe being conducted into the issue by the Puducherry CB-CID. The matter was directed to be listed after six weeks following the completion of the investigation.
Reference:
[1] Madras High Court passes interim order asking BJP MLAs to return temple land alleged to have been acquired illegally – Sep 27, 2023, Bar and Bench
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