Case Title: Murasoli Trust v National Commission For Scheduled Castes
Case No: W.P.No.35 of 2020
Decided on: 10th January, 2024
CORAM: THE HON’BLE MR. JUSTICE S.M. SUBRAMANIAM
Facts of the Case
At first, Anjugam Pathippagam, the previous owner, leased a piece of land to the petitioner, Murasoli Trust. Following their acquisition of the property, the petitioner received the patta, or land title, which was then transferred to them. The 2nd respondent, however, filed a complaint with the National Commission for Scheduled Castes (NCSC) claiming that the land in question was illegally transferred to non-eligible parties despite being designated as Panchami land (Depressed Class Land) intended for Scheduled Caste individuals. The petitioner filed a writ of prohibition under Article 226 of the Indian Constitution in response to a notification that the first respondent had sent to the managing trustee of the petitioner’s trust.
In a related case, Dr. Srinivasan asserted that Panchami land allotted to Scheduled Caste members was occupied by the Murasoli Trust, and that this transfer was unlawful. Because “land” is included in the State List, the Trust contended, the NCSC has no jurisdiction over it and cannot ascertain the title of immovable property. They further claimed that, considering the complainant’s membership in a different political party, the complaint may have political motivations. Respondent said, in response, that the NCSC was empowered to look into and determine the character of the land, particularly in situations where fraud or abuse of authority resulted in the improper transfer of Panchami land. The argument further highlighted that political considerations did not abate the NCSC’s obligation to look into such matters.
Legal Provisions
Article 338(5)(a) of the Constitution empowers the National Commission for Scheduled Castes (NCSC) to investigate and monitor all matters concerning the safeguards provided for Scheduled Castes. The Trust filed a writ petition under Article 226 of the Constitution, seeking relief against the notice issued by the NCSC. Article 226 grants the High Courts the power to issue writs, orders, or directions to enforce fundamental rights or for any other purpose.
Issues
Whether the National Commission for Scheduled Caste has the jurisdiction to inquire into allegations related to the transfer of property, specifically Panchami land assigned to Scheduled Caste members?
Courts analysis and decision
The High Court determined that the Murasoli Trust’s action was unjustified and superfluous when it dismissed a plea that the Trust had filed contesting a notice from the National Commission for Scheduled Caste (NCSC). As a constitutional body for the socially disadvantaged, the NCSC enjoyed considerable powers similar to those of a civil court. The court held that the NCSC was functioning fully within its authority. The court ruled that the NCSC, as mandated by Article 338 of the Constitution, could investigate issues pertaining to the denial of legal rights of members of Scheduled Caste.
The NCSC’s authority to issue notifications for inquiry was recognized by the court, which dismissed the idea that it lacked jurisdiction or was inconsistent with natural justice principles. The High Court recognized that political party members frequently brought up allegations of malafides in their pleadings, even as it addressed the problem of political vendetta. Nonetheless, the court ruled that it was improper to reject petitions based on political vendetta or infidelity where there was a greater public interest involved and legitimate rights had been violated.
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Written by- Rupika Goundla
