Discipline Is Of Paramount Consideration In Military Services, Lenient View Will Bring Organisational Disorder: Madras High Court

The Madras High Court recently observed that in military services, the paramount consideration was towards discipline and any lenient view would cause organisational disorder. The bench of Justice D Krishnakumar and Justice N Senthilkumar was hearing a plea against an order of the Central Administrative Tribunal upholding a driver's removal from service and seeking to reinstate...

Madras High Court Deprecates Udhayanidhi Stalin's Comments Against 'Sanatana Dharma', Refuses To Direct His Removal As Minister

The Madras High Court on Wednesday refused to issue a writ of quo warranto against Tamil Nadu Ministers Udhayanidhi Stalin, Sekar Babu and MP A Raja to remove them from their posts because of the comments against Sanatana Dharma. At the same time, Justice Anita Sumanth made critical remarks against the statements made by the Ministers and observed that those holding constitutional...

Parks And Playgrounds Are Lungs Of City, Lands Earmarked Should Not Be Used For Anything Else: Madras High Court

The Madras High Court recently remarkes that parks and playgrounds are the lungs of a city and lands earmarked for constructing the same should not be used for any other purpose. The bench of Chief Justice SV Gangapurwala and Justice P Dhanabal observed that as per Section 32(4) and Section 122 of the Tamil Nadu Town and Country Planning Act 1971, and Rule 47 of the Tamil...

Madras High Court Monthly Digest: February 2024

Citations: 2024 LiveLaw (Mad) 51 To 2024 LiveLaw (Mad) 90NOMINAL INDEX XXXX v State, 2024 LiveLaw (Mad) 51 H Santhosh v The District Collector, 2024 LiveLaw (Mad) 52 Pay Perform India Private Limited v The Union of India and Another, 2024 LiveLaw (Mad) 53 M/s.India Cements Limited Versus Commissioner of Customs, 2024 LiveLaw (Mad) 54 Flow Link Systems Pvt. Ltd. Versus...

Church Of South India Amenable To Writ Jurisdiction Under Article 226 Except When Discharging Functions Of The Clergy: Madras High Court

The Madras High Court has recently observed that the Church of South India performs public functions when it is engaged in the running of schools, colleges, hospitals, etc and if any action taken by the CSI is detrimental to this public duty, a writ petition against the same would be maintainable. The bench of Justice R Subramanian, Justice PT Asha, and Justice N Senthilkumar...

Like Fulfilling Unwritten Will Of Deceased Govt Servant: Madras HC Says Granting Compassionate Employment Should Be Rule, Denying It An Exception

The Madras High Court has held that while considering compassionate appointments, granting appointments should be the rule, and denying it should be an exception. Justice RN Manjula observed that providing compassionate appointment was like fulfilling the unwritten will of the deceased government servant, and required an understanding of how the deceased employee would have wished...

Madras High Court Weekly Round-Up: February 26 - March 03, 2024

Citations: 2024 LiveLaw (Mad) 83 To 2024 LiveLaw (Mad) 94 NOMINAL INDEX The State v I Periyasamy, 2024 LiveLaw (Mad) 83 Krishapriya Foundation v The Union of India, 2024 LiveLaw (Mad) 84 Union of India v The Deputy Director, UIDAI, 2024 LiveLaw (Mad) 85 S Lakshmipathy v The State and Others, 2024 LiveLaw (Mad) 86 V Senthil Balaji v Deputy Director, 2024 LiveLaw...

Courts Need To Strike Balance Between Individuals' Right To Be Forgotten And Citizens' Right To Know: Madras High Court

The Madras High Court recently emphasized that though the courts were expected to preserve data as a court of record, it was also required to strike a balance between the collection of such data and the protection of a person's personnel data. The bench of Justice Anita Sumanth and Justice R Vijayakumar observed that while the courts were expected to possess data, it was the...

AO's Classification Of Harpic And Lizol Under 28% GST Slab Rate Is Without Application Of Mind: Madras High Court

The Madras High Court has held that Ao's classification of Harpic and Lizol under the 28% GST slab rate is without application of mind.The bench of Justice Mohammed Shaffiq has observed that when objections are raised, a duty is cast on the assessing authority to apply its mind to the objections and deal with each one of them. Failure to do so would vitiate the order of assessment on the...

Tamil Nadu Urban Local Bodies Act Mandates 15 days' Time To Be Provided To Property Tax Assessee To Respond To Notice: Madras High Court

The Madras High Court has held that Section 116A of the Tamil Nadu Urban Local Bodies Act, 1998, mandates that 15 days' time should be provided to the property tax assessee to respond to the notice before action is taken.The bench of Justice Senthilkumar Ramamoorthy has directed the respondent department to de-seal the restaurant.The petitioner/assessee has assailed a demand notice that...

Madras High Court Directs TNPSC To Cancel Provisional Selection List For 245 Civil Judges, Says Reservation Rules Not Followed

The Madras High Court has directed the Tamil Nadu Public Service Commission to cancel the provisional list for the recruitment of 245 civil judges in the State. Asking the TNPSC to prepare a revised provisional list within two weeks, the bench of Justice SM Subramaniam and Justice K Rajasekar observed that the impugned provisional list was prepared without applying Section 27(f) of...

“Would You Have Conducted Further Investigation For Ordinary Person?”: Madras HC Asks IO In Suo Motu Revision Against Acquittal Of Minister Thangam Thenarasu

While hearing the Suo Motu revision against the acquittal of Tamil Nadu Finance Minister Thangam Thenarasu in a corruption case, the Madras High Court on Thursday interrogated the Investigation Officer who had conducted further investigation and filed the final closure report leading to the acquittal of the Minister. Justice Anand Venkatesh interrogated the Investigating...