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Supreme Court of India 2023-05-04 dismissed

GOVERNMENT OF TAMIL NADU & OTHERS vs R. THAMARAISELVAM ETC. ETC

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

Tamil Nadu established 36 Anti Land Grabbing Special Cells via Government Orders to investigate land grabbing cases, but without defining "land grabbing" or providing guidelines. The High Court struck down these Orders, holding that undefined discretion granted to police to select which cases constitute land grabbing violates Article 14 and risks arbitrary or abusive exercise of power. The Supreme Court upheld this decision, finding that without statutory definition and clear yardsticks, such orders delegate unguided, arbitrary authority to police. The Court affirmed that Tamil Nadu must enact proper legislation—similar to Acts in other States—clearly defining "land grabber" and "land grabbing" before establishing special investigative machinery.

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Constitutional Law Administrative Law Land Grabbing Police Powers Arbitrary Action Article 14 Statutory Definition

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