Madras High Court Monthly Digest - May 2023 [Citations 133 to 155]

NOMINAL INDEX

Sundaresan Suresh Kumar Versus Assessment Unit, 2023 LiveLaw (Mad) 133

BR Aravindakshan v. Union of India and others, 2023 LiveLaw (Mad) 134

M/s. Prime Store and others v. Sugam Vanijya Holdings Private Limited and others, 2023 LiveLaw (Mad) 135

Jayaraman TM v The National Commission for Scheduled Castes and others, 2023 LiveLaw (Mad) 136

Ilavarsan v The Superintendent of Police and Others, 2023 LiveLaw (Mad) 137

Vaishnavi Jayakumar v The State of Tamil Nadu and others, 2023 LiveLaw (Mad) 138

M/s. Apollo Hospitals Enterprises Ltd. Versus Union of India, 2023 LiveLaw (Mad) 139

Dr. R Pavithra v The Commissioner of Police and others, 2023 LiveLaw (Mad) 140

S.Periyaraja v. The Principal Secretary and others, 2023 LiveLaw (Mad) 141

P Ayyakannu v. The Government of Tamil Nadu and others, 2023 LiveLaw (Mad) 142

Dr T Murugavel v The Additional Chief Secretary and others, 2023 LiveLaw (Mad) 143

Mathiyari v The District Collector and Others, 2023 LiveLaw (Mad) 144

Harini v. The State of Tamil Nadu and others, 2023 LiveLaw (Mad) 145

M. Suveathan vs. The State Commission for Protection of Child Rights and Ors, 2023 LiveLaw (Mad) 146

K Singaravelu v The Government of Tamil Nadu and others, 2023 LiveLaw (Mad) 147

Desiya Deiveega Murpokku Kazhagam v Election Commission of India and another, 2023 LiveLaw (Mad) 148

Annalakshmi v. The District Collector and others, 2023 LiveLaw (Mad) 149

Parvathi Sunitha Kumaran v. The District Collector and others, 2023 LiveLaw (Mad) 150

Raja v State, 2023 LiveLaw (Mad) 151

Tamil Nadu Ayush Sonologist Association v. The Union of India and others, 2023 LiveLaw (Mad) 152

Rajini v The Superintendent of Police and others, 2023 LiveLaw (Mad) 153

E Anna Yesudhas v The District Collector, 2023 LiveLaw (Mad) 154

Vadivel and others v State, 2023 LiveLaw (Mad) 155

REPORTS

Assessee Was Given Only 13 Hours Time To Reply To The Show-Cause Notice: Madras High Court Quashes Assessment

Case Title: Sundaresan Suresh Kumar Versus Assessment Unit

Citation: 2023 LiveLaw (Mad) 133

The Madras High Court has quashed the assessment as the assessee was given only 13 hours to reply to the show-cause notice.

The bench of Justice M. Dhandapani has directed the department to consider the matter afresh and, after providing an opportunity to the petitioner, pass appropriate orders within a period of four weeks.

The court observed that the second show cause notice was issued to the petitioner on March 27, 2023, at 19.10 p.m., and the petitioner was given time to respond until 9.00 a.m. on March 28, 2023, a clear violation of natural justice principles.

Madras High Court Dismisses PIL Seeking Ban On 'The Kerala Story' Movie, Says Can't Assume It Will Create Problems

Case Title: BR Aravindakshan v. Union of India and others

Citation: 2023 LiveLaw (Mad) 134

The Madras High Court on Thursday dismissed a Public Interest Litigation seeking ban on the release of the multilingual movie, "The Kerala Story".

BR Aravindakshan, a Chennai-based journalist had filed the petition stating that the movie will affect the country's sovereignty and unity causing disturbance to the public order. He contended that the movie was an intentional attempt to portray the State of Kerala as a terrorist-supporting state. He also submits that if the movie is allowed to be released, it'll be a humiliation to the entire country as it'll create an impression that India is a country that produces terrorists.

When the case was taken up today, the vacation bench of Justice AD Jagadish Chandira and Justice C Saravanan dismissed the PIL after observing that the Kerala High Court and the Supreme Court had already dealt with the issue regarding the release of the movie. The court also asked the petitioners how they could assume that the movie would create law and order problems without watching the movie.

Provisions Regarding Appointment And Disqualification Of Arbitrator Are Mandatory, Will Apply To Retired Judges As Well: Madras High Court

Case Title: M/s. Prime Store and others v. Sugam Vanijya Holdings Private Limited and others

Citation: 2023 LiveLaw (Mad) 135

The Madras High Court has recently held that the provisions for disqualification for appointment as arbitrator under the Seventh Schedule of the Arbitration and Conciliation Act would be applicable to any person, including a retired judge. The court noted that the provisions with respect to ineligibility and disqualification are mandatory and non-derogable.

Justice Krishnan Ramasamy thus set aside an arbitral award that was passed by a sole arbitrator unilaterally appointed by one of the parties to the dispute.

National Commission For Scheduled Caste Has Powers Of Civil Court But Cannot Pass Interim or Permanent Injunction Orders: Madras High Court

Case Title: Jayaraman TM v The National Commission for Scheduled Castes and others

Citation: 2023 LiveLaw (Mad) 136

The Madras High Court recently reiterated that though under Article 338(8) of the Constitution, the National Commission For Scheduled Caste enjoys the powers of a civil court, it does not have the powers to grant temporary or permanent injunction.

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy noted that the law in this regard has already been discussed by the Supreme Court in the case of All India Indian Overseas Bank SC and ST Employees' Welfare Association and others wherein it has been held that when the commission is not specifically granted powers to issue an injunction, it cannot not pass an order as such.

Take Disciplinary Action Against Lawyers Issuing Fake Marriage Certificates: Madras High Court To State Bar Council

Case Title: Ilavarsan v The Superintendent of Police and Others

Citation: 2023 LiveLaw (Mad) 137

The Madras High Court has directed the Bar Council of Tamil Nadu to initiate disciplinary action against lawyers who are conducting marriage ceremonies in their offices and issuing fake marriage certificates.

Noting that marriages performed by Advocates in their office are not valid marriages, the bench of Justice M Dhandapani and Justice R Vijayakumar held that the same have to be registered under the Tamil Nadu Registration of Marriages Act, 2009 and the parties have to physically appear before the Registrar.

'World Is Theirs Too': Madras High Court Issues Directions To Make Public Transport Disabled Friendly

Case Title: Vaishnavi Jayakumar v The State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 138

In an attempt to make public transport in the state accessible to all including persons with disabilities, aged persons, pregnant women, and children, the Madras High Court has issued a slew of directions to the State, particularly the transport department.

The court also modified a tender floated by the transport department to ensure that more low-floor buses are procured by the State.

Madras High Court Upholds The Cancellation Of Customs Duty Exemption Certificate Issued To Apollo Hospitals

Case Title: M/s. Apollo Hospitals Enterprises Ltd. Versus Union of India

Citation: 2023 LiveLaw (Mad) 139

The Madras High Court has cancelled the cancellation of the customs duty exemption certificate (CDEC) issued to the Apollo Hospitals.

The bench of Justice S.M. Subramaniam has observed that the petitioner hospital has failed to establish that they have treated 40% of their outdoor patients in the hospital, where the imported medical equipment is installed. The petitioner hospital has also failed to establish that 10% of all the hospital beds are reserved for such patients who have received free treatment in the hospital where the imported medical equipment was installed.

Madras High Court Holds PayTM Liable For Unauthorised Debit From Customer’s Account, Asks RBI To Ensure Its Guidelines Are Followed

Case Title: Dr. R Pavithra v The Commissioner of Police and others

Citation: 2023 LiveLaw (Mad) 140

The Madras High Court recently came to the rescue of a post-graduate medical student, Dr R Pavithra who had lost around 3 lakh rupees from her account due to fraudulent unauthorized transactions on Paytm. She had approached the court after the City Union Bank failed to reverse the loss suffered by her and instead allegedly attempted to shift the blame on her.

Justice RN Manjula after hearing in detail the submissions of the City Union Bank, Paytm, and the Reserve Bank of India, held that the payments bank, ie, Paytm was liable for the transactions and not the petitioner’s bank.

Madras High Court Imposes Rs 25000 Cost On Lawyer For Challenging Private School's Vacation Classes

Case Title: S.Periyaraja v. The Principal Secretary and others

Citation: 2023 LiveLaw (Mad) 141

The Madras High Court recently imposed a cost of Rs. 25000 on a lawyer for filing a “motivated petition” challenging the special classes being conducted for students of Class X and XII by a private school. The court said that the amount be paid to the Corporation Girls Higher Secondary School in Tirunelveli and be used for the construction of a toilet or purchasing Napkin Vending Machine for the school.

Finding that the petitioner S Periyaraja was not an aggrieved person, the bench of Justice M Dhandapani and Justice R Vijayakumar noted that the petition had been filed specifically against a particular school when there were several other schools that were conducting special classes all over Tamil Nadu. The court also noted how several coaching centers were also conducting classes for 12th-standard students to train them for competitive exams like NEET, JEE, CLAT, etc.

Essential Commodities Act Is One Of Primary Reasons For Existence Of Our Democracy: Madras High Court

Case Title: P Ayyakannu v. The Government of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 142

The Madras High Court has observed that the Essential Commodities Act ,1955, is one of the "primary reasons of the very existence of our democracy" and that both central and state governments are extremely sensitive and careful when it comes to food and that is why, the people of this country "worship their leaders".

The division bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy also observed that the Fair and Remunerative Price, which is the minimum price that sugar mills must pay farmers and fixed by the Central Government, is in reality not a fair market price.

The court added that the actual expenses involved by the farmer are more than 80% of the FRP. The court also encouraged the State Governments to take into account the actual market value and actual expenses involved while fixing the State Advised Price (SAP).

‘Crass Commercialism’: Madras High Court Restrains Govt From Organizing Heli Tourism During Summer Festival In Nilgiris

Case Title: Dr T Murugavel v The Additional Chief Secretary and others

Citation: 2023 LiveLaw (Mad) 143

While restraining the State from going forward with the heli-tourism proposed to be conducted in the Nilgiris area as part of the Summer Festival, the Madras High Court emphasized that the fragile eco-system and vulnerability of the bio-diverse region cannot not become a victim of crass commercialism.

The division bench of Justice Anita Sumanth and Justice Nirmal Kumar noted that the proposal to conduct Heli-tourism was made by the Tourism Department without proper study and without discussions with the Forest Department or the wildlife wardens and was merely to generate revenue for the State.

The court noted that the feasibility of the helicopter operation in an ecologically sensitive region should have been cautiously approached and carefully addressed. It added that tourism policies must strike a balance with public concerns, specifically environment and wildlife.

Tamil Nadu Land Encroachment Act: Even After 125 Years, Revenue Authorities Still Haven't Understood Its Purport: Madras High Court

Case Title: Mathiyari v The District Collector and Others

Citation: 2023 LiveLaw (Mad) 144

While criticizing revenue authorities for indirectly aiding encroachers, the Madras High Court has said that even after 125 years of enactment, the revenue authorities have still not understood the purport of the Tamil Nadu Land Encroachment Act, 1905.

The division bench of Justice R Subramanian and Justice L Victoria Gowri was dealing with a plea challenging an order passed under Section 7 of the Act. The court, after going through the order, noted that the order disclosed the “extraordinary magnanimity" of the Zonal Deputy Tahsildar to help the petitioner. The court was also satisfied that the order was passed for some illegal consideration.

Intimation Of Arrest Through SMS Hampers Constitutional Safeguard Of Effective Representation: Madras High Court Quashes Detention Order

Case Title: Harini v. The State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 145

The Madras High Court recently set aside a detention order passed by the Commissioner of Police, Avadi City on the ground that the intimation of arrest of the detenue made through an SMS which was improper.

The division bench of Justice M Sundar and Justice Nirmal Kumar observed that the right of the detenu to make effective representation is a constitutional safeguard ingrained in Article 22 of the Constitution and this right was hampered in the present case since the intimation was not made in a proper manner.

Students Admitted Under RTE Act's DG/EWS Quota Need Not Pay Even A Penny, State Must Pay All Fee: Madras High Court

Case Title: M. Suveathan vs. The State Commission for Protection of Child Rights and Ors W.P. NO. 4615 OF 2022

Citation: 2023 LiveLaw (Mad) 146

The Madras High Court has said that the State government must bear all costs, including the expenses on books, study material etc., incurred by a child belonging to the Economically Weaker Section (EWS) and Disadvantaged Groups (DG) admitted to school under the Right of Children to Free and Compulsory Education (RTE) Act.

The court said that uniform, notebooks, other reading materials and all other necessary ingredients would form an integral part of education that is imparted to the petitioner under the Act.

While allowing the writ petition, the court directed the school to provide all the materials, including uniform, notebooks, text books and all other reading materials to the petitioner forthwith without insisting on any payment from the petitioner, and to make a claim to the State for the amount payable.

Teacher's Duty Is To Impart Knowledge And Skills To Needy Students, Not Hold On To Comfortable Posting: Madras High Court

Case Title: K Singaravelu v The Government of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 147

While refusing relief to a schoolteacher challenging his transfer, the Madras High Court recently observed that a teacher should focus on imparting knowledge and skills to the needy students and not hold on to comfortable posting.

Justice CV Karthikeyan further opined that the school teacher should set an example for the students and not question every administrative order.

Madras High Court Directs ECI To Register Desiya Deiveega Murpokku Kazhagam Party

Case Title: Desiya Deiveega Murpokku Kazhagam v Election Commission of India and another

Citation: 2023 LiveLaw (Mad) 148

While allowing the Desiya Deiveega Murpokku Kazhagam party to get itself registered with the Election Commission, the Madras High Court said that while looking into the meaning of the name of the party, the Election Commission should have read the word “Deiveega” in the context of other words in the name and thus should not have rejected the registration of the party.

Justice Anita Sumanth said that while the word Deiveega also meant “Godly”, such an interpretation would not sit well with the name of the party, read in full.

Elected Representatives Must Work Together For Benefit Of Villagers: Madras High Court

Case Title: Annalakshmi v. The District Collector and others

Citation: 2023 LiveLaw (Mad) 149

The Madras High Court recently said that even though there can be differences between elected representatives, they should work together for the benefit of the people.

Justice CV Karthikeyan was hearing a plea filed by the Panchayat President of Pattakurichi Village, Tenkasi Taluk challenging an order of the District Collector. The court noted that the collector had passed the impugned order pursuant to his emergency powers under Section 203 of the Tamil Nadu Panchayats Act since the President and the Vice president were at loggerheads with each other.

Resistance From Locals Cannot Be Reason To Not Shift Burial Ground Situated Close To Water Body: Madras High Court

Case Title: Parvathi Sunitha Kumaran v. The District Collector and others

Citation: 2023 LiveLaw (Mad) 150

While ordering the shifting of a burial ground from a land situated close to a water body to another land, the Madras High Court highlighted that though public resistance is common in such cases, the revenue officials should try to control the situation and ensure that the water body is not polluted.

Justice Anand Venkatesh added that the State must look at the larger picture and maintenance of water stream must get an upper hand over hardships caused by shifting of the burial ground.

If Electricity Is Stolen For Temple Festival, Liability Will Have To Be Fastened On Temple Trustee & Executive Officer: Madras High Court

Case Title: Raja v State

Citation: 2023 LiveLaw (Mad) 151

The Madras High Court recently observed that whenever electricity is stolen for the conduct of temple festivals, the liability under the Electricity Act has to be fastened on the Trustees of the temple and its Executive Officer as they are responsible for providing electricity.

While observing so, Justice Bharatha Chakravarthy discharged an Electric Contractor who was charged under Section 135 of the Electricity Act 2003 for a mishap that happened in Melmalayanur Arulmighu Angalamman Thirukovil in 2008.

AYUSH Doctors Can't Perform Ultrasound Techniques On Pregnant Women Without Specialised Qualification Under PC-PNDT Act: Madras High Court

Case Title: Tamil Nadu Ayush Sonologist Association v. The Union of India and others

Citation: 2023 LiveLaw (Mad) 152

The Madras High Court has emphasized that only a doctor having specialised qualifications as specified under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 can perform Ultra Sonogram and other Ultra sound techniques on pregnant women.

Justice SM Subramaniam thus dismissed a petition filed by the Tamil Nadu Ayush Sonologist Association seeking permission to conduct these techniques.

The court agreed with the State's submission. It noted that for carrying out the diagnostic procedures and Ultra Sonogram/Ultrasound techniques, the Pre-Conception and Pre-Natal Diagnostic Techniques Act will prevail over the Tamil Nadu Clinical Establishments Act.

Normally Wouldn't Interfere With Probe But Can't Turn Blind Eye To Police Harassment Happening Under Guise Of Investigation: Madras High Court

Case Title: Rajini v The Superintendent of Police and others

Citation: 2023 LiveLaw (Mad) 153

The Madras High Court recently observed that though courts normally do not interfere with the investigation carried out by police officers, it would also not turn a blind eye to instances of harassment by police under the guise of investigation.

Justice Sathi Kumar Sukumara Kurup was dealing with a plea filed by one Rajini contending that the police were harassing her under the guise of an enquiry/investigation. The police authorities, on the other hand, submitted that a notice under Section 41A of CrPC was issued to the petitioner based on a complaint and pending enquiry.

The court noted that though the Magistrate is a guardian of all stages of police investigation, he does not have the power to interfere in the actual investigation. The court added that this has led to numerous cases of police harassment.

‘When There Are Several Grown Trees, It Would Not Be A Wise Thing To Cut Them Down For Sake Of Constructing A Building’: Madras High Court

Case Title: E Anna Yesudhas v The District Collector

Citation: 2023 LiveLaw (Mad) 154

The Madras High Court recently emphasized that the State must take steps for trees in this age of climate change. The court said that felling of trees for the construction of the building was not a wise decision.

Justice GR Swaminathan of the Madurai bench was hearing a petition by Anna Yesudhas challenging the decision of Kanyakumari District Authorities to cut down trees for facilitating the construction of a new Panchayat building.

Punishment Without Proper Identification Directly Impinges Personal Liberty: Madras High Court Sets Aside Conviction In Robbery Case

Case Title: Vadivel and others v State

Citation: 2023 LiveLaw (Mad) 155

While setting aside the conviction of a man charged for robbery, the Madras High Court emphasised on the need for Test Identification Parade. The court highlighted that punishing a person without proper identification will directly impinge his personal liberty guaranteed under Article 21 of the Constitution.

Justice Anand Venkatesh added that courts should not be swayed by emotions and must ensure that the accused persons are properly identified.

The court also noted that in many cases, the police officers usually show a habitual criminal as the accused as it was convenient. The court observed against this line of investigation and said that just because a person is a habitual criminal, he cannot not be held responsible for every crime that took place in the society. This attitude, according to the court, will cause a dent in the criminal justice system and will make the officers ineffective.