Madras High Court Weekly Round-Up: May 27 - June 2, 2024

NOMINAL INDEX

Shalin v The District Registrar and Another, 2024 LiveLaw (Mad) 213

N Lakshmi v IRDAI and Others, 2024 LiveLaw (Mad) 214

High Court of Madras v P Dharmaraj and Others, 2024 LiveLaw (Mad) 215

Uma Kant v The Inspector General, 2024 LiveLaw (Mad) 216

Balaji @ Panai Balaji v State, 2024 LiveLaw (Mad) 217

Saurav Das v Chief Information Commissioner and Others, 2024 LiveLaw (Mad) 218

PK Manimandram Others v State Human Rights Commission, 2024 LiveLaw (Mad) 219

Imrankan and others v The Sub Inspector of Police, 2024 LiveLaw (Mad) 220

IFFCO-Tokio General Insurance Company Ltd v Kalaiselvi and others, 2024 LiveLaw (Mad) 221

S Sasikala v The State of Tamil Nadu, 2024 LiveLaw (Mad) 222

Haj Mohamed v State, 2024 LiveLaw (Mad) 223

Samuel Tennyson v The Principal & Secretary, MCC and Others, 2024 LiveLaw (Mad) 224

M/s.V.R.Muthu & Bros. Versus State Tax Officer, 2024 LiveLaw (Mad) 225

S Nithesh and Others v The State of Tamil Nadu, 2024 LiveLaw (Mad) 226

Sudha Mathesan v The Authorisation Committee (Transplantation), 2024 LiveLaw (Mad) 227

REPORT

"State Should Approach All Religions Alike": Madras High Court Calls For Protecting Church Properties U/S 22A Registration Act

Case Title: Shalin v The District Registrar and Another

Citation: 2024 LiveLaw (Mad) 213

The Madras High Court recently noted that it was time to include the Church Properties under Section 22 A of the Registration Act 1908 which protects certain properties like temple and wakf properties from registration.

Justice GR Swaminathan noted that while temple properties are protected under the Tamil Nadu Hindu Religious and Charitable Endowment Act and the Wakf properties are covered under the Wakf Act 1995, a similar law with respect to church properties was absent. The court noted that in India, being a secular country, the state was expected to treat all religions alike and thus suggested bringing church properties under the ambit of Section 22A of the Registration Act.

Insurance Companies Wilfully Neglect Reimbursing The Insured, Who Then Have To Pay The Courts To Get Their Rights Enforced: Madras High Court

Case Title: N Lakshmi v IRDAI and Others

Citation: 2024 LiveLaw (Mad) 214

The Madras High Court recently remarked that often Insurance companies wilfully refuse reimbursements to the insured, forcing them to pay the court to get their rights enforced. The court added that individuals usually do not have the legal knowledge to understand the ambiguous language used in the policy documents which helps the company's intention to waive their liability.

Justice GK Ilanthiraiyan thus came to the rescue of a woman challenging an order of the authorized officer, ICICI Lombard General Insurance rejecting the insurance claim with respect to her Husband, who died of cardiac arrest during the second wave of COVID-19.

The court noted that as per the policy, the first occurrence of a heart attack of specified severity was covered under the policy. The court also noted that as per the orders of the Apex Court, an insurance company could not be too technical and reject a claim on technical grounds.

Madras High Court Criticises Madurai Bar Association's Resolution Criticising Judicial Order Which Made Wearing Helmets Mandatory Across State

Case Title: High Court of Madras v P Dharmaraj and Others

Citation: 2024 LiveLaw (Mad) 215

The Madras High Court criticized the members of the Madurai Bar Association for passing resolutions condemning a judicial order mandating the wearing of helmets by riders of two-wheelers and for subsequently holding a procession and making allegations against the Judge.

Justice MS Ramesh and Justice Sunder Mohan noted that the members had attempted to take the law into their own hands when they should have resorted to the alternate remedies available if the order was found to be unacceptable or unimplementable. The court made the remarks in a suo moto contempt petition initiated against the President and Secretary of the Madurai bar Association.

Difficult To Co-Exist Without Integrity & Honesty: Madras High Court Upholds Dismissal Of CISF Personnel For Using Another Person's ATM Card Without Permission

Case Title: Uma Kant v The Inspector General

Citation: 2024 LiveLaw (Mad) 216

The Madras High Court recently dismissed the removal of a CISF Constable for using another CISF Constable's ATM card without permission and withdrawing money.

Justice RN Manjula noted that though there was no previous similar instance, a charge of this nature was so severe and serious, that no soft approach could be taken. The court observed that taking away someone's ATM card for withdrawing money without his permission was nothing but stealing money and thus, the dismissal from service was appropriate.

Madras High Court Quashes POCSO Case Against 21-Yr-Old Man Who Eloped With Teen Girl, Calls Them "Romeo-Juliet" Who Successfully Married

Case Title: Balaji @ Panai Balaji v State

Citation: 2024 LiveLaw (Mad) 217

The Madras High Court recently quashed the criminal proceedings initiated under the Protection of Children from Sexual Offences Act against a 21-year-old man who had eloped with a 18 year old girl.

Calling it a case of Romeo and Juliet which ended successfully in marriage, Justice G Jayachandran noted that the inherent power of the court under Section 482 of CrPC was meant for cases like this to meet the ends of justice. The court added that if the prosecution was not quashed, it would create vulnerability to the girl and force her exploitation, which was intended to be prevented under the POCSO Act.

Madras High Court Asks CIC To Conduct Fresh Inquiry Into Alleged Non-Disclosure Of Information Regarding Govt Action During COVID Pandemic

Case Title: Saurav Das v Chief Information Commissioner and Others

Citation: 2024 LiveLaw (Mad) 218

The Madras High Court has directed the Chief Information Commissioner to conduct a fresh inquiry into alleged non-disclosure of information pertaining to the actions taken by the Central Government during the COVID pandemic, including the actions taken, treatment given etc.

In the order made on 7^th December 2023, the copy of which was uploaded today, Justice PD Audikesavalu noted that the Chief Information Commissioner had arrived at a conclusion without any discussion or material proof. Finding this order to be unsustainable, the court directed the Commissioner to conduct a fresh inquiry following the principles of natural justice.

Discharging Official Work Will Not Amount To Violation Of Human Rights: Madras High Court Sets Aside SHRC Order

Case Title: PK Manimandram Others v State Human Rights Commission

Citation: 2024 LiveLaw (Mad) 219

The Madras High Court has observed that a person discharging his official duty cannot be held up for violation of Human Rights based on false and frivolous allegations.

The bench of Justice SS Sundar and Justice N Senthilkumar thus set aside an order passed by the State Human Rights Commission directing the Central and State governments to compensate a former Junior Clerk of the Central Institute of Brackishwater Aquaculture (CIBA).

The bench was hearing petitions filed by the Director and the Administrative Officer of the CIBA and a petition filed by the Inspector of Police, CB-CID challenging an order of the SHRC.

Court Cannot Be Silent Spectator When Accused Tries To Delay Trial Under Guise Of Fair Opportunity: Madras High Court

Case Title: Imrankan and others v The Sub Inspector of Police

Citation: 2024 LiveLaw (Mad) 220

The Madras High Court has observed that the court cannot be a mute spectator when the trial is delayed through attempts of the accused under the guise of fair opportunity.

Justice G Jayachandran thus refused to entertain a plea for recalling witnesses. The court noted that the case was registered in the year 2009 and was yet to reach finality even after 15 years. The court thus opined that the petition to recall witnesses was only for delaying the process and would not be in the interest of justice.

Motor Vehicle Act Is A Beneficial Legislation, Should Be Interpreted In Favour Of Affected Persons: Madras High Court

Case Title: IFFCO-Tokio General Insurance Company Ltd v Kalaiselvi and others

Citation: 2024 LiveLaw (Mad) 221

The Madras High Court has observed that the Motor Vehicle Act is beneficial legislation and should be interpreted in favor of the affected persons.

Justice R Subramanian and Justice R Sakthivel thus enhanced the compensation awarded to the family of a deceased minor boy in an accident involving vehicles driven by minor boys.

The court noted that since the deceased was covered under the insurance policy at the time of the accident, the tribunal had rightly concluded that the insurance company was liable to pay the award amount and recover it from the owners equally.

However, the court decided to interfere with the quantum of compensation awarded and awarded an enhanced compensation including future prospects of the deceased. The court thus directed the insurance company to deposit the modified award to the credit of the case on the file of the Chief Judge, MACT, Court of Small Cases, Chennai with interest within a period of eight weeks.

“Driving Her To Civil Court Is Not Proper”: Madras HC Appoints Wife As Guardian Of Comatose Husband, Allows Her Sell To Properties For Medical Expenses

Case Title: S Sasikala v The State of Tamil Nadu

Citation: 2024 LiveLaw (Mad) 222

The Madras High Court has recently appointed a wife as the guardian of her husband, who was in a vegetative state, thereby allowing her to dispose of the properties in her husband's name to meet the medical expenses.

Justice GR Swaminathan and Justice PB Balaji thus set aside the order of a single judge who had opined that the relief could not be granted under Article 226 and gave liberty to the woman to approach the jurisdictional civil court. The division bench, however, observed that driving the woman, who was already burdened with taking care of her comatose husband, was not proper.

The court also noted that taking care of a person in a comatose condition was not easy and required funds. Thus, the court opined that the property, which was in the name of the husband should be put to better use by allowing the wife to deal with them.

Morphing Woman's Picture And Uploading It On Social Media Not Only Damages Her Morality But Also Affects Younger Social Media Users: Madras High Court

Case Title: Haj Mohamed v State

Citation: 2024 LiveLaw (Mad) 223

The Madras High Court recently refused to grant bail to a man booked for morphing and uploading a woman's picture on social media. The court said that the act not only affected the morality of the woman and her family but may also deviate others using social media, especially the younger generation.

Justice B Pugalendhi noted that while all the other offenses alleged were bailable, the accused was also booked under Section 67 A of the Information Technology Act. Thus, considering the gravity/ impact of the offence and the period of imprisonment provided under the Information Technology Act, the court was not inclined the grant bail.

POSH Act |Disciplinary Authority Bound By Findings Of Fact Given By Internal Complaints Committee: Madras High Court

Case Title: Samuel Tennyson v The Principal & Secretary, MCC and Others

Citation: 2024 LiveLaw (Mad) 224

The Madras High Court has held that the disciplinary committee is bound by the decisions of the Internal Complaints Committee with respect to allegations of sexual harassment at workplace.

Justice R Suresh Kumar and Justice K Kumaresh Babu noted that as per the observations of the Apex Court, the findings and the report of the Complaints Committee shall not be treated as a mere preliminary investigation or an inquiry leading to disciplinary action, but as a finding/report in an inquiry into the misconduct of the delinquent in the sexual harassment case.

The court noted that as per Section 13 of the POSH Act and Rule 9 of the POSH Rules, if the Complaints Committee concludes that the allegations have been proven, it could recommend to the employer to take action for sexual harassment, as misconduct in accordance with the provisions of the service law and take action, including termination.

No Embargo On Commercial Tax Dept. From Summoning To Furnish Records Even If Assessment Is Completed: Madras High Court

Case Title: M/s.V.R.Muthu & Bros. Versus State Tax Officer

Citation: 2024 LiveLaw (Mad) 225

The Madras High Court has held that merely because the assessment is deemed to have been completed in both cases, it does not mean that the officers are precluded from exercising the power under Section 25 or Section 27 of the TNVAT Act, 2006.

The court, while dismissing the petition, held that the issuance of summons is for ascertaining and producing information. Whether the petitioners have complied with all the requirements of Section 22(2) and whether the declarations in the returns filed by the petitioners are correct or not can be ascertained only if records are summoned.

"Sine Qua Non For Efficient Discharge Of Functions": Madras High Court Upholds GO Mandating 40% Marks In Tamil Paper For Group-IV Govt Jobs

Case Title: S Nithesh and Others v The State of Tamil Nadu

Citation: 2024 LiveLaw (Mad) 226

The Madras High Court recently dismissed pleas challenging the Government Order issued by the Human Resource Management Department of the Government of Tamil Nadu mandating the candidates to secure a minimum qualifying mark of 40% in Tamil Paper in the examination conducted by the Tamil Nadu Public Service Commission.

Justice GR Swaminathan held that sufficient knowledge in Tamil was a sine qua non for the efficient discharge of the functions and duties as the persons placed in Group-IV posts will have to have direct interaction with the people.

The court noted that the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which was enacted to regulate the service conditions, in Section 21 mandates the Government Servants to have adequate knowledge of Tamil. The court noted that as per Section 21A of the Act, which was introduced in 2021, any person who applies for recruitment to any post in any service by direct recruitment shall pass the Tamil Language paper with not less than 40%.

[Organ Donation] Humans Known To Save Others In Calamity, Altruism Of Distant Relative Can't Be Doubted Unless Definite Material To Contrary: Madras HC

Case Title: Sudha Mathesan v The Authorisation Committee (Transplantation)

Citation: 2024 LiveLaw (Mad) 227

The Madras High Court has held that while dealing with giving approvals for organ donation, the Authorisation Committee should take the statements made by donors, who are not near relatives of the patients, at its face value without insisting on producing evidence.

Justice GR Swaminathan underlined that all religions proclaimed love and charity at highest value and not all human endeavor was underlined with selfish consideration. The court thus held that unless evidence was shown to the contrary, the committee should accept the statement made by the donor that the organ was being donated out of love and affection.

The court observed that too much burden could not be laid on the shoulders of the applicants to prove that there was no commercial dealings. The court added that unless there was definite material to show that there was financial dealings, permission ought not to be rejected or withheld. The court said that the committee need not always take a cynical view that a non-near relative will not donate out of altruistic consideration. The court underlined that altruism was present in humans, who, in times of danger and calamity were known to save others even at the cost of their own lives.

OTHER DEVELOPMENTS

Madras High Court Seeks DGP's Response On Plea To Allow Public At Parks And Beaches Till Late Hours To Quench Summer Heat

Case Title: RK Jaleel v Director General of Police and Another

Case No: WP 13723 of 2024

The Madras High Court has asked the Director General of Police and the Commissioner of Police, Greater Chennai City to respond to a plea for allowing public at parks and beaches till late hours to quench the summer heat.

Justice GR Swaminathan and Justice PB Balaji directed the respondents to file a counter and adjourned the case to June 06.

He added that due to the temperature rise, most people were confined to their rooms/places, which, along with the summer heat, affected their mental health. he added that to get rid of these ailments, beaches, and parks were the only option for the poor and downtrodden as they cannot afford air conditioning.

'Indirectly Canvassing Votes': TN Congress Committee Moves Madras HC Urging ECI To Take Action Against PM Modi's Meditation At Vivekananda Rock

Tamil Nadu Congress Committee has approached the Madras High Court seeking directions to the Election Commission of India to take necessary steps to prevent alleged misuse of position by Prime Minister Narendra Modi during his meditation at the Vivekananda Rock in Kanyakumari from May 30 to June 1^st, 2024.

PM Modi is holding a 45-hour-long Dyan (meditation) at the Vivekananda Rock starting on the evening of 30^th May 2024. As part of the PM's visit, security has been tightened at the site and entry of tourists has been restricted during these days.

The petition, moved by the Congress Committee says that while no one can object to the PM's visit to Vivekananda Rock, his visit during the silent period on the final polling day of the Seventh Phase of the Lok Sabha Elections 2024 is an attempt to "whip up Hindu sentiments" and for "canvassing votes" by misusing his official position.