Madras High Court Weekly Round-Up: June 3 - June 9, 2024

NOMINAL INDEX

Rakshika Raj v State of Tamil Nadu and Others, 2024 LiveLaw (Mad) 228

Deivanayaki v State, 2024 LiveLaw (Mad) 229

J Rajkumar v The Authorisation Committee (Transplantation), 2024 LiveLaw (Mad) 230

Antony Clement Rubin v M Vignesh, 2024 LiveLaw (Mad) 231

ABC v XYZ, 2024 LiveLaw (Mad) 232

Kanthavel and Others v State, 2024 LiveLaw (Mad) 233

A Kamala v State, 2024 LiveLaw (Mad) 234

Farida Begam v The Puducherry Government, 2024 LiveLaw (Mad) 235

National Sewing Thread Co. Ltd. vs Superintending Engineer, TANGEDCO and Anr., 2024 LiveLaw (Mad) 236

REPORT

Madras High Court Quashes Govt Order Giving Reservation To Transgender Persons As Most Backward Class Community, Says NALSA Judgment Not Implemented Properly

Case Title: Rakshika Raj v State of Tamil Nadu and Others

Citation: 2024 LiveLaw (Mad) 228

The Madras High Court has struck down a Government Order issued by the Backward Classes, Most Backward Classes & Minorities Welfare (BCC) Department of the Government of Tamil Nadu including transgender persons under the Most Backward Class community for providing reservation.

Justice GK Ilanthraiyan noted that the State had failed to implement the judgment of the Supreme Court in the Nalsa case properly. The court noted that by bringing transgender persons into the Most Backward Class community, the state was treating gender as a caste which was against the judgment of the Supreme Court. The court added that only horizontal reservation could be granted to the community for complying with the order of the Apex Court.

Duty Of Public Servant's Wife To Discourage Him From Taking Bribe: Madras High Court Refuses To Set Aside Conviction Of Sub-Inspector's Wife

Case Title: Deivanayaki v State

Citation: 2024 LiveLaw (Mad) 229

The Madras High Court has refused to set aside the conviction of the wife of a Sub-Inspector of Police accused of accumulating wealth disproportionate to his income.

Justice KK Ramakrishnan noted that though the Public Servant was no more, his wife should face consequences under Section 109 read with Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act.

The court added that it was the duty of the wife to discourage her public servant husband from receiving bribes. The court remarked that corruption had pervaded to an unimaginable ratio and if homemakers also become party to corruption, there would be no end to it. The court thus observed that the appellant, whose life was a “bed of roses” with the ill-gotten money should face the consequences also.

“Medicare IsA Huge Business”: Madras High Court Calls For Uniform Liberal Approach While Dealing With Applications For Approval Of Organ Donation

Case Title: J Rajkumar v The Authorisation Committee (Transplantation)

Citation: 2024 LiveLaw (Mad) 230

The Madras High Court has called for taking a uniform liberal approach while dealing with applications for transplantation of Human organs.

Calling Medicare a huge business, Justice GR Swaminathan noted that while the applications from some hospitals were easily accepted, the applications from some hospitals were rejected. The court added that it was necessary to comply with the principles of natural justice as the rights of the patients were at stake.

Madras High Court Directs Govt To Consider Representation Seeking Regulation Of Pet Boarding Facilities Across State

Case Title: Antony Clement Rubin v M Vignesh

Citation: 2024 LiveLaw (Mad) 231

The Madras High Court has directed the state government to consider a representation for regulating the Pet Boarding Facilities in the state.

The bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq thus disposed of a plea field by Antony Clement Rubin, an animal rights activist. The court directed the State to consider Rubin's representation and pass orders on merit within eight weeks.

In his plea, Rubin highlighted that post Covid- there has been a substantial increase in the number of pet owners who would require pet boarding facilities for a number of reasons. He added that with the increase in demand for pet boarding facility, there was also an imperative demand that these facilities be governed by a separate set of rules and regulations to prevent the horrendous abuse of the animals.

Wife Merely Filing Dowry Demand Complaint Against Husband Not Cruelty Unless Shown That It Is False: Madras High Court

Case Title: ABC v XYZ

Citation: 2024 LiveLaw (Mad) 232

While denying relief to a husband seeking divorce on the grounds of cruelty, the Madras High Court has observed that a wife merely filing a complaint in the police station would not amount to cruelty, unless the husband proves that the complaint was a false dowry demand complaint.

Justice R Subramanian and Justice R Sakthivel thus observed that they could not find fault with the conduct of the wife, filing a police complaint with the intention of living together with her husband.

The court further noted that there was no evidence available on record to show that the wife had committed cruelty. The court held that the husband had failed to establish “animus deserendi” of wife and thus, finding no fault with the order of the trial court, dismissed the appeal.

Govt Servants, Investigating Officers Expected To Discharge Duty And Ensure 'Truth Alone Triumphs': Madras High Court

Case Title: Kanthavel and Others v State

Citation: 2024 LiveLaw (Mad) 233

The Madras High Court recently remarked that an investigating officer is expected to conduct the investigation in a fair manner and find out the genuineness of a complaint.

Justice B. Pugalendhi remarked that the motto of the Government is Truth alone triumphs and thus, it is the responsibility of every government servant to ensure the same.

The court was hearing a plea for quashing the criminal proceedings initiated for illegally harvesting crops planted by the de facto complainant. The petitioner contended that the police had registered a case for a civil dispute. The court added that it expected the investigating officer to conduct the investigation in a fair manner by considering the evidence produced by the parties. The court thus disposed of the petition granting liberty to the investigating officer to conduct the investigation fairly by verifying the materials and completing the investigation as expeditiously as possible.

If Justice Swaminathan Was Affected By External Factors, He Should Have Recused: Third Judge On Split Verdict In Savukku Shankar Detention Case

Case Title: A Kamala v State

Citation: 2024 LiveLaw (Mad) 234

The Madras High Court on Thursday ruled that the split verdict passed concerning the detention of YouTuber Savukku Shankar was without following the principles of natural justice granting fair opportunity. The court thus directed the matter to be heard afresh by the bench dealing with habeas corpus pleas.

The order was made by Justice G Jayachandran, the third judge appointed by the Acting Chief Justice following the split verdict. Justice Jayachandran noted that while the court was not bound by a hard and fast rule of granting 4 weeks to file counter, especially in cases dealing with detention orders, the authority needed to be given a reasonable opportunity to justify the detention order. He noted that the impugned order suffered from a violation of natural justice as the state was not allowed to file a counter.

The judge added that if Justice Swaminathan was affected by external factors, he should have recused himself from hearing the case, thereby not allowing a negative bias.

Seniors Extracting Work From Junior Lawyers Without Pay Violates Fundamental Rights: Madras HC Suggests Bar Council To Fix Minimum Stipend

Case Title: Farida Begam v The Puducherry Government

Citation: 2024 LiveLaw (Mad) 235

The Madras High Court has suggested the Bar Council of Tamil Nadu and Puducherry to fix a minimum stipend for engaging a junior lawyer to ensure his livelihood is protected.

Justice SM Subramaniam and Justice C Kumarappan noted that often, young lawyers were unable to survive due to meager payments from their senior lawyers. The court added that senior lawyers who extracted work from junior lawyers without paying them a minimum stipend were in fact exploiting the young lawyers and directly violating their fundamental rights, which the court could not allow.

The court added that one of the functions of the State Bar Council was to safeguard the rights, privileges, interest, and livelihoods of the advocates who have enrolled with great ambitions. The court observed that it could not permit the exploitation of young lawyers in any circumstance and thus directed the state to fix the minimum stipend.

Madras High Court Urges Parliament To Assess Efficiency Of IBC And Consider Recovery Percentage From Successful Resolution Processes

Case Title: National Sewing Thread Co. Ltd. vs Superintending Engineer, TANGEDCO and Anr.

Citation: 2024 LiveLaw (Mad) 236

The Madras High Court bench of Justice N. Seshasayee urged the Parliament to assess and evaluate the working efficiency of the Insolvency and Bankruptcy Code, 2016 ('IBC') and questioned whether the Parliament has considered the general recovery percentage achieved from a successful corporate debtor resolution process.

The High Court observed that the issue is not what constitutes a statutory liability, but rather why the corporate debtor's liability should be distributed socially when the debtor likely did not share its profits with society during prosperous times, aside from legally mandated Corporate Social Responsibility.

OTHER DEVELOPMENTS

Madras High Court Seeks ECI's Response On Plea To Educate Voters Against Seeking Votes On Basis Of Religion, Caste And Language

Case Title: Rajesh Anouar Mahimaidoss v Election Commission of India

Case No: WP No: 12688 of 2024

The Madras High Court has directed the Election Commission of India to respond to a plea seeking a system for educating voters against the corrupt practice of seeking votes in the name of religion, caste or language and uphold the Constitution of the country.

The bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq directed the ECI to respondent within 12 weeks.

The petition was filed by Rajesh Anouar Mahimaidoss, a lawyer based in Vellore. He submitted that it was the duty of the ECI to have a round the year system to disseminate information about the preamble, the basic structure of the constitution, and Section 123(3) of the Representation of Peoples Act.