MURASOLI TRUST Vs. NATIONAL COMMISSION FOR SCHEDULED CASTES

JUDGEMENT

(1.) The lis is to issue a writ of prohibition, to restrain the National Commission for schedule Caste from proceeding with the hearing or adjudication of the complaint dtd. 21/10/2019 given by the 2nd respondent herein.

(2.) The facts in brief would reveal that the petitioner Murasoli Trust is in occupation and the erstwhile owner of the subject property, namely Anjugam Pathippagam had leased out a portion of the property to the petitioner. Subsequently, the petitioner purchased the property and patta has been transferred in the name of the Petitioner. A complaint has been registered by the 2nd respondent before the National Commission for Scheduled Castes [hereinafter referred to as 'NCSC', in short], stating that the subject land is a Panchami land (Depressed Class Land) assigned to the Scheduled Caste people and illegally transferred in the name of other persons. The complaint was registered by the 1st respondent and a notice was issued to the managing trustee of the petitioner's trust, asking them to appear in person before the 1st respondent. Having aggrieved from and out of the said notice issued by the 1st respondent, the writ of prohibition came to be instituted under Article 226 of the Constitution of India. ARGUMENTS ON BEHALF OF THE PETITIONER:

(3.) Mr.P.Wilson, learned Senior Counsel appearing on behalf of the petitioner would mainly raise the following issues: -