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Supreme Court: The Division Bench of M.R. Shah* and B. V. Nagarathna, JJ., while dismissing the instant appeal, upheld the impugn judgment and order of High Court of Madras and held that in absence of any specific guidelines and/or definition of ‘Land Grabbing Cases’, such power can be abused or misused and can be exercised arbitrarily.
The Chief Minister of Tamil Nadu made an announcement on 10-07-2011 that Anti Land Grabbing Special Cells will be formed in State of Tamil Nadu to deal with the Land Grabbing cases.
Eventually, the High Court of Madras set aside the Government Order because order does not define or mention ‘land grabbing cases’.
The rationale behind dismissing the government order was that it gives unfettered and unguided arbitrary powers to the police officers.
In the instant case, the petitioner claimed that the High Court erred in quashing the Government Order, the Special Cells constituted for investigating the cases pertaining to l