Chennai: Justice N Anand Venkatesh of the Madras high court criticized an order by a division bench declaring that the Tenancy Act is not applicable to lands owned by HR&CE department. The judge said the order of the division bench, headed by Justice S M Subramaniam, was misconceived and passed without considering the orders of the Supreme Court.
Earlier, the single judge criticized another order passed by the same division bench, declaring that Grama Natham lands belong to the govt. The present order was passed on a plea moved by Canara Bank, asset recovery management branch, seeking direction to the HR&CE department to issue an NOC to register a sale certificate.
During the course of the hearing, the court was informed that a division bench of Justice S M Subramaniam and Justice K Rajasekar held that the Tenancy Act was inapplicable to the lands covered under the HR&CE Act and that any order passed under the Tenancy Act in respect of such lands is a nullity.
Refusing to concur with the ruling, Justice Anand Venkatesh observed that the division bench begins by observing that the HR&CE Act is a special law and the Tenancy Act is a general law, and that as a consequence, the provisions of the former would prevail over the latter. The stand is unfortunately misconceived for the reason that such a rule can apply only when the provisions of a special law clash with those of a general law, Justice Anand Venkatesh said.
Chennai: Justice N Anand Venkatesh of the Madras high court criticized an order by a division bench declaring that the Tenancy Act is not applicable to lands owned by HR&CE department. The judge said the order of the division bench, headed by Justice S M Subramaniam, was misconceived and passed without considering the orders of the Supreme Court.
Earlier, the single judge criticized another order passed by the same division bench, declaring that Grama Natham lands belong to the govt. The present order was passed on a plea moved by Canara Bank, asset recovery management branch, seeking direction to the HR&CE department to issue an NOC to register a sale certificate.
During the course of the hearing, the court was informed that a division bench of Justice S M Subramaniam and Justice K Rajasekar held that the Tenancy Act was inapplicable to the lands covered under the HR&CE Act and that any order passed under the Tenancy Act in respect of such lands is a nullity.
Refusing to concur with the ruling, Justice Anand Venkatesh observed that the division bench begins by observing that the HR&CE Act is a special law and the Tenancy Act is a general law, and that as a consequence, the provisions of the former would prevail over the latter. The stand is unfortunately misconceived for the reason that such a rule can apply only when the provisions of a special law clash with those of a general law, Justice Anand Venkatesh said.