Madras High Court Weekly Round-Up: July 31 - August 06

Citations: 2023 LiveLaw (Mad) 208 To 2023 LiveLaw (Mad) 218

NOMINAL INDEX

B Vallipavai v The State of Tamil Nadu, 2023 LiveLaw (Mad) 208

The Registrar, Mahatma Gandhi Medical College and others v. D Rajasree and others, 2023 LiveLaw (Mad) 209

Kalimuthu v The Secretary, 2023 LiveLaw (Mad) 210

Pascal Sasil R v. State of Tamil Nadu, 2023 LiveLaw (Mad) 211

M Mohammed Abbas v State, 2023 LiveLaw (Mad) 212

Erode Mavatta Valamana Thodakka Versus .The Managing Director / Additional Registrar Erode District Central Cooperative Bank, 2023 LiveLaw (Mad) 213

Aashik Ali v State, 2023 LiveLaw (Mad) 214

Murugan v State of Tamil Nadu and others, 2023 LiveLaw (Mad) 215

P Gnana Pragasam v Pradeep Yadav IAS and others, 2023 LiveLaw (Mad) 216

Habeeb Mohamed v. The Home Secretary and Others, 2023 LiveLaw (Mad) 217

Thangamani v The Collector, Erode District, 2023 LiveLaw (Mad) 218

REPORTS

Option To Continue With Old Pension Scheme Must Be Extended To All Persons Who Participated In Selection Prior To April 01, 2003 : Madras High Court

Case Title: B Vallipavai v The State of Tamil Nadu

Citation: 2023 LiveLaw (Mad) 208

The Madras High Court has said that when the recruitment process was carried out before the Contributory Pension Scheme came into effect, those appointed must be given the option to continue in the old pension scheme.

The court was hearing a plea by B. Vallipavai, appointed as BT Assistant, who challenged the retrospective operation of the New Contributory Pension Scheme.

Justice GK Ilanthiraiyan noted that the new scheme was brought into force on January 1, 2004 but the vacancy arose as early as on November 9, 2002. The court further noted that Vallipavai was called for an interview on April 10, 2003 itself.

Medical Colleges Have A Statutory Duty To Pay Stipend To PG Students, Cannot Deny Same On Ground Of Equitable Set-Off: Madras High Court

Case Title: The Registrar, Mahatma Gandhi Medical College and others v. D Rajasree and others

Citation: 2023 LiveLaw (Mad) 209

The Madras High Court recently held that medical colleges have an obligation to pay stipend to the postgraduate students and they cannot deny the same to them on the ground of equitable set-off, even when the amount that is sought to be claimed by them is not yet ascertained.

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu were hearing an appeal preferred by Mahatma Gandhi Medical College and Aarupadai Veedu Medical College & Hospital against a single judge order directing the colleges to make a payment towards the stipend in terms of Regulation 13.3 of the Medical Council of India (MCI), Post-Graduate Medical Education Regulations, 2000.

The court noted that for allowing a claim of equitable set-off, both the claims must arise out of the same transaction and it would be inequitable to drive the defendant to a separate suit. In the present case, the court noted that the claims between the college and the students did not arise out of a commercial transaction.

Provide Job To Sister Of SC Man Killed In 2020 In Caste-Based Crime: Madras High Court To State

Case Title: Kalimuthu v The Secretary

Citation: 2023 LiveLaw (Mad) 210

The Madras High Court recently directed the State Dravidar and Tribal Welfare Department, Theni District Collector, and the District Adi Dravidar and Tribal Welfare Officer to provide employment to a woman, whose brother was killed in 2020, by considering her educational qualification as per Serial No. 46 of Annexure I r/w 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016.

Justice L Victoria Gowri of the Madurai bench observed that the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules mandate providing employment to at least one family member of a deceased person along with basic pension.

Lawyers Can Take Action Against Litigant Harassing Them Over Queries Raised By Court: Madras High Court

Case Title: Pascal Sasil R v. State of Tamil Nadu

Citation: 2023 LiveLaw (Mad) 211

The Madras High Court on Monday said that if a litigant harasses a lawyer over certain queries raised by the court, the lawyer can initiate action against such party.

The division bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu made the remark while hearing a public interest litigation filed by a final year law student seeking to establish government run old age homes in every district of Tamil Nadu in accordance with Section 19(1) of The Maintenance and Welfare of Parents and Senior Citizens Act 2007.

When the case was taken up on Monday, the counsel for the petitioner submitted a memo to the bench informing the court that after the previous hearing, the petitioner had been harassing him. The lawyer sought to withdraw from the case.

The court, while allowing the counsel to withdraw from the case, said:

"The petitioner is also present here and seeks time to engage another lawyer. While we grant him time, this Court feels it necessary to reiterate that any queries posed by us are for the benefit of the litigants and queries do not indicate our order. Also, any advocate, who is harassed by a litigant following the court’s queries, or even otherwise, is entitled to take appropriate action against the litigant".

Madras High Court Grants Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI

Case Title: M Mohammed Abbas v State

Citation: 2023 LiveLaw (Mad) 212

The Madras High Court has granted bail to Mohammad Abbas, a Madurai based lawyer who was arrested by the National Investigation Agency under the Unlawful Activities Prevention Act for his alleged links with the banned Popular Front of India (PFI) organization.

The bench of Justice M Sundar and Justice R Sakthivel allowed the appeal preferred by the lawyer against the order of the Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Case) Poonamallee denying him bail. The court however dismissed another quash petition filed by the lawyer and said that arguments regarding malicious initiation of proceedings could be raised during the trial.

The court also rejected an oral request made by the Special Public Prosecutor seeking certificate for appeal to the Supreme Court under Article 134-A of the Constitution saying that Section 43D of UAPA requires to be interpreted by the Supreme Court.

Madras High Court Directs FinMin, CBDT To Decide On Exempting Agricultural Cooperative Credit Societies From TDS Deduction

Case Title: Erode Mavatta Valamana Thodakka Versus .The Managing Director / Additional Registrar Erode District Central Cooperative Bank

Citation: 2023 LiveLaw (Mad) 213

The Madras High Court has directed the Finance Ministry and Central Board of Direct Taxes (CBDT) to take action on exempting primary agricultural cooperative credit societies from TDS deduction on cash withdrawals received from the Central Cooperative Bank for distribution to the beneficiaries.

The bench of Justice R. Suresh Kumar has disposed of the writ petitions with a direction that a further time of six weeks be granted within which the Ministry of Finance, the Government of India, and the CBDT would decide the request made by the Government of Tamil Nadu for exemption of cooperative societies from Section 194N.

Madras High Court Grants Bail To Lawyer In NDPS Case, Says No Material Against Him Except Money Transactions

Case Title: Aashik Ali v State

Citation: 2023 LiveLaw (Mad) 214

The Madras High Court has granted bail to an advocate who was arrested in a drugs case for the offences of Section 8(c) read with Section 20 (b) (ii) (A), 22(c), 29(1) of the NDPS Act.

Finding that the advocate Aashhik Ali satisfies the conditions under Section 37 of the NDPS Act for bail, Justice AD Jagadish Chandira granted him bail.

The court also noted that except for the alleged money transactions which were done between Aashik and the accused, there was no material nor recovery.

Madras High Court Directs Neyveli Lignite Corporation To Pay Rs. 40,000 Per Acre To Farmers For Crops Damaged On Acquired Land

Case Title: Murugan v State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 215

The Madras High Court on Wednesday said that it would fix responsibility equally on the farmers for trespassing into the property already acquired by the Neyveli Lignite Corporation (NLC) and upon NLC for not taking adequate care to prevent farmers from cultivating in the land.

Justice SM Subramaniam observed that once land was acquired following the procedures as contemplated under the Act, the landowners could not claim any right over the property nor enter it and cultivate the same.

The court however noted that in the present case, NLC had not effectively prevented the farmers from cultivating in the land which had been going on for the past many years and the farmers were also made to believe that it will take a long time for NLC to utilise the acquired lands.

Madras High Court Sentences IAS Officer To Two Weeks Imprisonment For Failure To Implement Court Order In Service Matter

Case Title: P Gnana Pragasam v Pradeep Yadav IAS and others

Citation: 2023 LiveLaw (Mad) 216

The Madras High Court has sentenced IAS officer Pradeep Yadav and two others to two weeks imprisonment and a fine of Rs. 1000 each in a contempt case for failure to implement earlier orders of the court. The court observed that the officer had failed to implement the order of the court while he was holding the post of Principal Secretary to School Education Department.

Justice Battu Devanand refused to accept the unconditional apology tendered by the officers.

'Right To Seek Vote A Fundamental Right', Holds Madras High Court; Makes Reference To Vadivelu Character In 'Maamannan' Movie

Case Title: Habeeb Mohamed v. The Home Secretary and Others

Citation: 2023 LiveLaw (Mad) 217

In a notable judgment, the Madras High Court observed that while right to vote is only a statutory right, the right to seek vote is a fundamental right as democracy is a basic feature of the Constitution. The court thus observed that any person who was causing disturbance to the conduct of rallies, meetings etc for seeking votes, was committing an electoral offence.

Justice GR Swaminathan held that the right to campaign was directly traceable to Article 19(1) (a), (b) and (d) of the Constitution and is derivable from the right to freedom of speech and expression, right to assemble peacefully and to move freely throughout the country.

Widow Can't Be Stopped From Entering Temple; Woman's Identity Not Dependent On Marital Status : Madras High Court

Case Title: Thangamani v The Collector, Erode District

Citation: 2023 LiveLaw (Mad) 218

The Madras High Court has strongly criticized the practice of stopping a widow from entering temples and said it can never continue in a civilized society governed by rule of law.

“It is quite unfortunate that the archaic beliefs that if a widow enters a temple it will cause impurity continues to prevail in this State. Even though the reformers are attempting to break all these senseless beliefs, it continues to be practiced in some villages. These are the dogmas and the rules framed by man to suit his convenience and it actually demeans a woman just because she has lost her husband,” the court said.

Justice Anand Venkatesh further observed that a woman, by herself, has a status and an identity that "that cannot in any way come down or be taken away depending upon her marital status."