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TN lawyers strike: Farmer pleads own case and gets stay of auction by DRT


With the impending auction of his agricultural land a farmer could not wait for the lawyers strike to end. He presented himself before their lord ships of the Madras High Court and walked away with a stay order.

The lawyers strike in Tamil Nadu has had a positive effect as well. It has brought out in the common man, who would tremble to enter the portals of the High Court, to shed his fear and not only enter the imposing building but also personally appear before the Judges and plead his case. A humble farmer did just that.

In a case of recovery of debts due to a public sector bank, the Debts Recovery Tribunal at Chennai had ordered the auction of secured assets. The auction was impending and the farmer wanted a stay. The only way to stay the auction was to have got an order either from the Appellate Tribunal or the High Court. Had he gone to Appellate Tribunal the farmer would have been asked to pay about 50% of the debts determined by the Tribunal below in addition to the fee payable. The other option was to approach the High Court. In either case he would need the services of a lawyer. With the lawyers in Tamil Nadu on strike he could not get one to appear for him.

As a last resort the farmer himself appeared before their Lordships. He could not state the provisions of law under which the auction should be stayed. He however stood his ground with folded hands. The judges poured over law books and finally granted two weeks stay.

Getting an interim stay from the High Courts is not an easy job even for well heeled lawyers, particularly when there is an alternative and statutory remedy in the form of an appeal to the DRAT. The lawyers strike in Tamil Nadu has resulted in ordinary people and judiciary, the farmer in this case, coming up close to each other. This might have been one of those rare occasions where the judges might possibly have got a direct peep into the eyes of the farmer standing in front of them and the laws might have automatically unfolded. The farmer in turn might have got the feel of majesty of judiciary on his side. Though this may not be beneficial in the long run, but sensitizing the ordinary citizens to the most fundamental provisions of law and procedures to look after their immediate legal rights would perhaps be the best outcome of the current situation.








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