Madras High Court Weekly Round-Up: May 22 to May 28

Citations: 2023 LiveLaw (Mad) 146 To 2023 LiveLaw (Mad) 151

NOMINAL INDEX

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

REPORTS

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.

OTHER DEVELOPMENTS

Justice Raja Retires As Acting Chief Justice Of Madras High Court Despite Collegium Recommending His Transfer To Rajasthan High Court In Nov 2022

Justice T Raja on Wednesday retired as the Acting Chief Justice of the Madras High Court.

Justice Raja, who assumed the charge of acting Chief Justice on September 22, 2022, after the superannuation of Justice M Duraiswamy continued on the post till today, making him the first native judge to hold the post for such a long time in the past 25 years.

During his farewell function, Justice Raja said that transfer is nothing but an incident of service and whenever a transfer order is made, one has to go.

OpIndia CEO Rahul Roushan, Editor Nupur Sharma Move Madras High Court Against FIR Over Fake News Regarding Bihar Migrant Workers

Case Title: Nupur J Sharma and another v. The Inspector of Police and another

Case No: Crl OP 11366 of 2023

OpIndia's CEO Rahul Roushan and Editor Nupur Sharma have approached the Madras High Court seeking quashing of the FIR registered against them for allegedly spreading fake news about migrant workers of Bihar in Tamil Nadu.

Roushan and Sharma had first approached the Supreme Court seeking to quash the FIR. The SC, however, refused relief and observed that they had an alternative remedy of approaching the High Court under Section 482 of CrPC. The Supreme Court also granted them protection from any coercive action based on the FIR for four weeks allowing them to avail the judicial remedies.

When the matter was taken up by the vacation bench of Justice Sathi Kumar Sukumara Kurup, the court adjourned the matter, to be taken up by the regular court after vacation.

Justice SV Gangapurwala Sworn In As Chief Justice Of Madras High Court

Justice SV Gangapurwala was sworn in as the Chief Justice of Madras High Court on Sunday. Governor of Tamil Nadu, Dr RN Ravi administered administered the oath of office at Raj Bhavan in Chennai.

The Supreme Court Collegium had recommended the appointment of Justice Gangapurwala to the Madras High Court on April 19. The Centre had notified his appointment on May 26.

ALSO READ: Justice S Vaidyanathan Appointed As Acting Chief Justice of Madras High Court