Madras High Court Weekly Round-Up: May 20 - May 26, 2024

NOMINAL INDEX

Anju v Home Secretary and Others, 2024 LiveLaw (Mad) 205

The Branch Manager v Mrs Ramzan Begam, 2024 LiveLaw (Mad) 206

ABC v XYZ, 2024 LiveLaw (Mad) 207

KK Ramesh v Union of Indians and Others, 2024 LiveLaw (Mad) 208

G.Theeran Thirumurugan @ Thirumurugan v State of Tamil Nadu, 2024 LiveLaw (Mad) 209

Riyana Begum v Union of India, 2024 LiveLaw (Mad) 210

A Kamala v The State and Others, 2024 LiveLaw (Mad) 211

Infosys Limited v The Superintending Engineer, TANGEDCO, 2024 LiveLaw (Mad) 212

REPORT

Madras High Court Orders Exhumation And Re-Postmortem Of Body After Family Alleges Death Was Due To Custodial Violence

Case Title: Anju v Home Secretary and Others

Citation: 2024 LiveLaw (Mad) 205

The Madras High Court recently ordered the Villupuram District Collector to exhume the dead body of a man after his family approached the court alleging that the man had died as a result of custodial torture.

Justice R Sakthivel noted that the actions of the police personnel created a serious suspicion around the death of the man and thus the family's suspicion couldn't be brushed aside. Thus, finding that an enquiry would be necessary to unearth the truth and noting that the same should not cause any prejudice to the authorities, the court directed the exhumation of the body and ordered re-postmortem.

Any Certificate Duly Attested By Consular Of India Can Be Accepted As Evidence Without Examining Person Associated As Witness: Madras High Court

Case Title: The Branch Manager v Mrs Ramzan Begam

Citation: 2024 LiveLaw (Mad) 206

The Madras High Court has recently observed that any certificate including salary certificates, appointment letters, etc of a person in foreign employment that has been duly attested by the Consular of India can be accepted as evidence without examining any person associated with the documents.

Justice RMT Teekaa Raman and Justice PB Balaji noted that as per Section 3(2) Diplomatic and Consular (Oaths and Fees) Act, 1948 any document affixed, impressed, or subscribed with the seal and signature of the Consular shall be admitted in evidence without proof of seal or signature.

Delay In Disposal Of Matrimonial Cases: Madras High Court Suggests Fixing Period Of Limitation For Filing Counter Relief

Case Title: ABC v XYZ

Citation: 2024 LiveLaw (Mad) 207

The Madras High Court has suggested prescribing a period of limitation for filing counter reliefs of divorce or restitution of conjugal rights in matrimonial disputes.

Justice RMT Teekaa Raman and Justice PB Balaji noted that in the last few years, it had become a trend for parties to file applications seeking counter-relief for divorce petitions or counter-relief of restitution of conjugal rights towards the fag end of the trial thereby delaying the disposal of the case. The court thus suggested a period of limitation of 9 months to 1 year for filing applications for counter relief.

The court thus directed the registry to place the recommendations before the Administrative Side of the High Court for amending the rules under Section 123 of the CPC which empowers the High Court Rule Committee to make rules regarding the limitations governing the field under the Family Court Act.

State Needs To Review Management Of Transport Corporations To Control Air Pollution From State-Owned Buses: Madras High Court

Case Title: KK Ramesh v Union of Indians and Others

Citation: 2024 LiveLaw (Mad) 208

The Madras High Court has recently observed that a complete review had to be taken by the management of Transport Corporations in a phased manner to control air pollution in Madurai city.

Justice R Suresh Kumar and Justice G Arul Murugan suggested that the existing old vehicles could be replaced by new eco-friendly vehicles depending upon the financial status of the corporations.

The court was hearing petitions to set up flying squads at the Taluk Level, District level, and state level in Tamil Nadu and to impose a heavy fine on vehicles emitting huge black and white Carbon Monoxide from the nozzle. Another plea also sought to ensure proper maintenance of the engine of Government buses in Madurai to prevent excess usage of fuel and emission of unwanted gases and particular matters from the exhaust.

Madras High Court Directs State, DGP To Constitute High-Level Secret Committee To Monitor Police Officials Allegedly Hand-In-Glove With Drug Offenders

Case Title: G.Theeran Thirumurugan @ Thirumurugan v State of Tamil Nadu

Citation: 2024 LiveLaw (Mad) 209

The Madras High Court has directed the Chief Secretary to Government, Secretary to Government, Home Department, State of Tamil Nadu, and the Director General of Police to constitute a High-Level Secret Committee consisting of officers with integrity to monitor police officials who were suspected to be hand in glove with the drug offenders.

Though the bench of Justice P Velmurugan and Justice K Rajasekar appreciated the efforts taken by the state to control the free movement of drugs in the State, the court also noted that if the police officers were efficient and more vigilant, the free movement would be impossible. The court thus suggested setting up the secret committee.

Can't Say Death Was Due To Negligent Trespass: Madras HC Orders Compensation For FamilyOf Man Who Was Hit By Train While Sitting On Railway Platform

Case Title: Riyana Begum v Union of India

Citation: 2024 LiveLaw (Mad) 210

The Madras High Court recently directed the railways to compensate the family of a man who was hit by a train while sitting on the railway platform and succumbed to injuries.

Justice K Rajasekar observed that since the accident had taken place while the man was sitting on the railway platform, the burden was on the Railways to prove that the incident was not one within the definition of an untoward incident. The court added that if the accident had taken place while the man was crossing the track, the contention of the railways could have been accepted but since there was no evidence to prove that the man was sitting on the edge of the platform, it could not be termed as 'self-inflicted injury'.

Madras High Court Delivers Split Verdict In Habeas Case Against Savukku Shankar's Detention, Judge Says He Was Attempted To Be Influenced

Case Title: A Kamala v The State and Others

Citation: 2024 LiveLaw (Mad) 211

The Madras High Court on Thursday delivered a split verdict in the habeas corpus plea filed by the mother of Youtuber and whistle-blower Savukku Shankar.

While Justice GR Swaminathan wanted to set aside the detention order passed against Shankar, Justice PB Balaji wanted to give more time for the police to file their counter.

While delivering the judgment, Justice Swaminathan also added that the reason why he wanted to take up the habeas corpus plea and pass orders on Thursday itself was because some high-ranking men had personally met him requesting him not to take up the HCP for final disposal. This prompted him to take up the case.

Madras High Court Dismisses Infosys's Plea Challenging ₹6.7 Crore Demand By TANGEDCO

Case Title: Infosys Limited v The Superintending Engineer, TANGEDCO

Citation: 2024 LiveLaw (Mad) 212

The Madras High Court recently rejected a petition filed by IT major Infosys challenging an order of TANGEDCO demanding around 6.7 crores as Shortfall Amount/Adjustment charges.

Justice GK Ilanthiraiyan held that there was no infirmity or illegality in the proceedings and that the petition was devoid of any merits. The court noted that the demand made by TANGEDCO was not barred by limitation as per Section 56(2) of the Electricity Act.

Infosys had approached the court after TANGEDCO raised a demand of Rs. 6,76,09,540.12 as Shortfall Amount/Adjustment charges.

The court noted that as per the certificate issued by MEPZ, Infosys was engaged in both software development and Information Technology Enabled Service within the same premises and it was appropriate to adopt a higher tariff.

Thus, the court found no infirmity in the order of TANGEDCO and dismissed the petition.

OTHER DEVELOPMENTS

Centre Appoints Justice R Mahadevan As Acting Chief Justice Of Madras High Court

The Central Government has appointed Justice R Mahadevan, the senior most judge of the Madras High Court as the Acting Chief Justice of the High Court. A notification in this regard was issued by the Ministry on 22^nd, May 2024. Justice Mahadevan will take charge as the Acting Chief Justice from 24^th May, upon the retirement of the current Chief Justice SV Gangapurwala.

Justice Mahadevan, who was elevated as a judge of the Madras High Court in 2013, had served as an Additional Government Pleader for the Government of Tamil Nadu, as Additional Central Government Standing Counsel, and as Senior Panel Counsel for the Government of India at the Madras High Court before his elevation. He also had practice experience of over 25 years with specialization in indirect taxes, customs, and Central Excise matters.

“Do Not Approve Such Conduct”: Madras HC Asks Youtuber Savukku Shankar For Statement On How He Will Conduct Himself In Future

The Madras High Court, on Thursday, asked Youtuber and whistle-blower Savukku Shankar to make a statement on how he will conduct himself in the future as a Youtuber in light of his disparaging comments against the Chief Minister of Tamil Nadu.

The vacation bench of Justice GR Swaminathan and Justice PB Balajj were critical of Shankar's statement and said that they did not approve of such conduct.

The court was hearing two petitions filed by Shankar's mother Kamala, challenging his detention under the TN Detention Act and also seeking an inquiry by the National Human Rights Commission into the alleged custodial violence meted out by him.

“Came Marching Like King Rajaraja Chola And Conquered Hearts”: Madras High Court Bids Farewell To Chief Justice SV Gangapurwala

The Madras High Court, on Thursday, bid farewell to its Chief Justice SV Gangapurwala, the 52^nd Chief Justice of the High Court.

While speaking at the farewell function organized by the court, TN Advocate General PS Raman said that Chief Justice Gangapurwala had marched into the chartered High Court like King Raja Raja Chola, and while the king had conquered distant lands, Justice Gangapurwala conquered the hearts of all.

Justice Gangapurwala was sworn in as the Chief Justice of Madras High Court on 28^th May 2023. He was previously the Acting Chief Justice of the Bombay High Court before moving to Madras.

Madras High Court Temporarily Restrains Singer Suchitra From Making Comments About Ex-Husband And Actor Karthik

Case Title: J Karthik Kumar v Suchitra Ramadurai and Others

Case No: OA 376 of 2024

The Madras High Court has restrained singer and RJ Suchitra Ramadurai, popularly known as Suchitra from making any remarks or statements against her ex-husband and Actor Karthik Kumar.

Justice PB Balaji granted an interim injunction in a defamation plea filed by Karthjk seeking damages of one crore rupees. Karthik had also sought to remove videos of Suchitra's interviews with various channels wherein she had made the defaming statements.

Karthik had alleged that the statements made by Suchitra were prima facie defamatory against him and his family. It was also submitted that since Suchtra had matrimonial issues with Karthik, she was making derogatory statements against him and his family with malafide intentions.