Madras High Court Weekly Round-Up: April 10 To April 16

Citations: 2023 LiveLaw (Mad) 115 To 2023 LiveLaw (Mad) 119

NOMINAL INDEX

Sankar v The State, 2023 LiveLaw (Mad) 115

Sivaprakasam v. The District Collector and 5 othrs, 2023 LiveLaw (Mad) 116

V Senthil Balaji v. Nirmal Kumar and others, 2023 LiveLaw (Mad) 117

Kudankulam Nuclear Power Employees Union v. Government of India and ors, 2023 LiveLaw Mad 118

Arulmigu Kalasalingam College of Education v. The Appeal Committee and others, 2023 LiveLaw (Mad) 119

REPORTS

Madras High Court Grants Bail To Four Accused Of Obstructing Temple Demolition

Case Title: Sankar v The State

Citation: 2023 LiveLaw (Mad) 115

Recently, while disposing of a bail application preferred by two men including a lawyer who were alleged to have trespassed into a temple property and prevented the revenue officials from removing the illegal encroachments, the Madras High Court noted that the court could not be a silent spectator to the act of bulldozing.

Justice G Jayachandran made the remarks on coming to know that the government officials had, in the guise of evicting the encroachers, demolished the age-old structure.

If 75 Years After Independence, We Can't Celebrate Ambedkar Jayanti & Temple Festival On Same Day, What Will People Think?: Madras High Court

Case Title: Sivaprakasam v. The District Collector and 5 othrs

Citation: 2023 LiveLaw (Mad) 116

While dismissing a Public Interest Litigation seeking a prohibitory order in the Pattavarthi village of Nagapattinam district, the Madras High Court asked why the birth anniversary of Dr. BR Ambedkar and a temple festival can not be held on the same day.

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy said it is for the police to ensure that both the events happen on the same day and that the police is equipped to make the necessary arrangements.

Social Media Followers, Speed With Which Messages Are Disseminated Relevant While Deciding Application For Deleting Tweets: Madras High Court

Case Title: V Senthil Balaji v. Nirmal Kumar and others

Citation: 2023 LiveLaw (Mad) 117

While disposing of the application filed by DMK Minister V Senthil Balaji seeking to restrain Tamil Nadu BJP IT Wing head CTR Nirmal Kumar from making defamatory allegations against him, the Madras High Court noted that when application are filed for deletion of alleged defamatory tweets, follower counts, speed and frequency with which the messages are disseminated and the interactive nature of the platforms form material consideration.

Justice Senthilkumar Ramamoorthy looked into each of the 17 alleged tweets and the Youtube videos posted by Kumar which according to Balaji were defamatory in nature. The court concluded that six of the tweets were “per se defamatory” while the remaining related to the “public function” of Balaji as the Minister. The court thus ordered for removal of the said six tweets.

Dr Ambedkar Would Have Asked People To Work Extra, Not Declare It As Holiday: Madras High Court On Ambedkar Jayanti Holiday

Case Title: Kudankulam Nuclear Power Employees Union v. Government of India and ors

Citation: 2023 LiveLaw Mad 118

Dealing with Kudankulam Nuclear Power Employees Union petition's seeking benefit of wages for the work done on a holiday, the Madras High Court remarked that public servants are like school children who always welcome holidays and exemption from work. The court was hearing a plea claiming double wages for working on a declared holiday (Ambedkar Jayanti).

Justice GR Swaminathan of the Madurai bench said that though Dr. Ambedkar was someone who would have wanted people to work hard instead of declaring holiday on his anniversary, and that a system of sentiments and symbolism is prevalent.

Admitted Students Without Recognition, Must Suffer Consequences: Madras High Court Imposes 5 Lakh Cost On College

Case Title: Arulmigu Kalasalingam College of Education v. The Appeal Committee and others

Citation: 2023 LiveLaw (Mad) 119

While refusing to grant relief to Arulmigu Kalasalingam College of Education, the Madras High Court heavily criticised the college for admitting students in the 2021-2022 academic year when it did not have any affiliation.

Imposing a cost of five lakh rupees, Justice CV Karthikeyan said that the college should suffer the consequences of its actions and also left it open to the students to litigate against the college for the damages made.

OTHER DEVELOPMENTS

Judgments Are Nothing But Waste Papers If Not Implemented In True Letter & Spirit: Justice Battu Devanand Of Madras High Court

Justice Battu Devanand, who was recently transferred from Andhra Pradesh High Court to Madras High Court, on Monday said that passing orders and judgments is not the only duty of the court and that such orders and judgments would be a mere waste paper unless they are properly implemented.

Justice Devanand, who speaking at the oath ceremony, also said that lawyers and judges are forever students of law and must always be ready to upgrade their knowledge about a broad spectrum of subjects.