Monday, April 9, 2012

Madras HC quashes land grab case against Stalin, son - India

09 apr 2012

CHENNAI: In a big relief to former deputy chief minister of Tamil Nadu, M K Stalin, and his film producer-son Udhayanidhi, the Madras high court has quashed the land grab case registered against them by the Jayalalithaa government. Justice T Mathivanan quashed the criminal proceedings against a total of seven persons, including the two, by pointing out that the person who had lodged the complaint against them had offered to withdraw the complaint stating that he had been given Rs 1.75 crore for the property in question, as an out of court settlement.

The state government, however, unsuccessfully pressed for continuation of the criminal proceedings, contending that mere withdrawal of the complaint would not obliterate the criminality of the action. The matter relates to 2.5 grounds of a house and land adjacent to Stalin's posh Chittaranjan Salai residence in Chennai. On August 10, 2008, during the DMK regime, the property was bought by P Venugopal Reddy for Rs 5.54 crore. The house was later leased to Udhayanidhi's film unit.

One year and three months later, after the AIADMK returned to power, the original owner N Seshadri Kumar lodged the complaint claiming that he was in fact threatened to part with the property. He implicated Stalin, Udhanidhi and Stalin's friend Raja Shankar among others in the case. While others moved the high court and obtained anticipatory bail, apprehending arrest, Stalin refused to seek anticipatory bail. He, instead, met the director-general of police and complained of malafide action.

The present petition to quash the entire proceedings was filed by Venugopal Reddy. During the pendency of the petitioner, on February 12, 2012, Reddy and Seshadri Kumar and others involved in the property transaction entered into an agreement. As per the pact, Reddy gave an additional sum of Rs 1.75 crore to Seshadri Kumar. In return, he offered to withdraw the complaint, and inform the high court of the same.

However, state public prosecutor I Subramanian objected to the out of court settlement, and said that merely because of that, the criminal proceedings should not be allowed to lapse. Rejecting the submissions, Justice Mathivanan said that the continuation of the proceedings would not serve any purpose sinec the dispute between the parties had been settled amicably 'in the presence of friends and well-wishers'.

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