Land rights cause people to act in crazy ways

first_imgFacebook by Andrew CareySign up for the weekly Limerick Post newsletter Sign Up [email protected]“THE most sensible and decent people behave in crazy ways when it comes to land”, according to a Limerick barrister.Defence counsel Mark Nicholas BL, made his comments during the sentencing hearing of a Limerick man accused of threatening to kill a business owner in a dispute over a right of way to his home.Brian Healy (48) of Sexton Street North pleaded guilty to threatening to kill Patrick Moloney at the Woodworkers store in Thomondgate on May 19, 2012.Limerick Circuit Court heard evidence from Detective Garda Keith Harmon, who said there had been difficulties in the past between the two men over a “common area or passageway” between Mr Healy’s home and the Woodworkers store owned by Mr Moloney.On May 19, 2012, Mr Healy was walking to his mother’s house where he lived when Mr Moloney came out from his shop. A n argument ensued and Mr Healy said he had a gun and would use it to shoot Mr Moloney.He also threatened to “burn out” the business and slit Mr Moloney’s throat.Mr Moloney’s father was waiting for his son in a car nearby and made a statement to Gardaí of overhearing the exchange.Prosecuting counsel John O’Sullivan said it caused great distress to Mr. Moloney.Mr Healy attempted to goad Mr Moloney into hitting him. There was no physical altercation between the two men and no further incidents since.Detective Harmon said Mr Healy admitted he threatened to “knock him out” but denied saying he would use a gun.Gardaí did not search Mr Healy’s home for a gun.Mark Nicholas BL said that his client, who had no previous convictions, regretted what happened and he had no intention of harming Mr Moloney.“The most sensible and decent people behave in crazy ways when it comes to land,” he said, adding that the house, which was owned by his client’s mother until she died, was to be sold.Applying the probation act, Judge Carroll Moran said that Brian Healy said some “very unpleasant things but he had a previous good record and there was no issue between the two parties since.“If he does it again or anything similar, he will likely go to jail”, the judge warned. Twitter WhatsApp Advertisement NewsCommunityLand rights cause people to act in crazy waysBy Staff Reporter – February 6, 2014 1178 #HearThis: New music and video from Limerick rapper Strange Boy Linkedin Print Rape Crisis welcomes publication of O’Malley reportcenter_img Watch the streamed gig for Fergal Nash album launch RELATED ARTICLESMORE FROM AUTHOR Celebrating a ground breaking year in music from Limerick Email TAGSassaultCourtland rightsMusic Limerickthreatswoodworkers store Previous articleJFK and Brian BorúNext articleBurglar jailed after found hiding in wardrobe Staff Reporterhttp://www.limerickpost.ie #SaucySoul: Room 58 – ‘Hate To See You Leave’ Emma Langford shortlisted for RTE Folk Award and playing a LIVE SHOW!!! this Saturday last_img read more

SC/ST Reservations Can’t Be Taken Away By Invoking Technicalities Forgetting The Hardships faced By Them In Accomplishing Literacy And Awareness: Delhi High Court

first_imgNews UpdatesSC/ST Reservations Can’t Be Taken Away By Invoking Technicalities Forgetting The Hardships faced By Them In Accomplishing Literacy And Awareness: Delhi High Court Akshita Saxena5 Jan 2021 5:51 AMShare This – x”The very fact that members of the STs have been granted certain reservations/relaxations, not only legislatively but also constitutionally, shows the need therefor. The said need has to be fulfilled, not only by providing reservations/relaxations but also by providing relaxations in implementing the said reservations and benefits conferred on the STs. The reasons and objective of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login”The very fact that members of the STs have been granted certain reservations/relaxations, not only legislatively but also constitutionally, shows the need therefor. The said need has to be fulfilled, not only by providing reservations/relaxations but also by providing relaxations in implementing the said reservations and benefits conferred on the STs. The reasons and objective of providing such reservations/relaxations should not be lost sight of while implementing the reservations and relaxations,” observed the Delhi High Court recently. A Division Bench of Justices Rajiv Sahai Endlaw and Asha Menon emphasized that the authorities should not take technical objections while considering candidatures filed by people belonging to these communities. It observed, “The said reservations/relaxations are in admission of the disadvantages which the STs have suffered for generations and which disadvantages place them in a unequal position vis-a-vis other citizens. Such disadvantages extend to all parameters of day to day life, making it more difficult than for others. The said reservations/relaxations cannot be given by one hand and taken away by another, invoking technicalities, forgetting the hardship and difficulties faced by such members in accomplishing smallest of the things, including of literacy and awareness.” The remarks were made while hearing a writ petition filed by Lekhraj Meena, a Police-forces aspirant from Rajasthan, belonging to the reserved category. Background It was the Petitioner’s case that though he had applied for the SSC examination under the SC category and had passed the examination with flying colours, he was unable to qualify the Physical Efficiency Test (PET) conducted in Delhi, for the reason that he had not filled up the form of certificate for height relaxation. It was submitted that the Presiding Officer of the PET Board granted 5 days’ time to the Petitioner to submit the requisite form of certificate for height relaxation, after obtaining certification from the competent authorities of the district where the petitioner ordinarily resides (Karauli, Rajasthan). However, the same could not be submitted on time and the Presiding Officer refused to accept his certificate after five days. The Petitioner submitted that the delay beyond the stipulated five days was for reasons beyond his control and due to hurdles created by the ongoing Farmers’ Protest and Municipal Elections held in Rajasthan. Findings Taking note of these submissions, the Court held the default by the petitioner in submitting the certificate for height relaxation, though he submitted a caste certificate of belonging to the ST, cannot be enforced pedantically, forgetting the very purpose of granting the reservations. The Court also judicial notice of the ongoing Farmers’ Protest around NCR to ensure that none is deprived of due owing thereto, and directed the concerned authorities to consider the Petitioner’s application along with height relaxation certificate. Case Title: Lekhraj Meena v. Union of India & Ors. Click Here To Download Order Read OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more