Madras High Court Weekly Round-Up: October 9 To October 15, 2023
Upasana Sajeev
16 Oct 2023 10:15 AM IST
Citations: 2023 LiveLaw (Mad) 307 To 2023 LiveLaw (Mad) 316 NOMINAL INDEX Ilampiraiyan v Mr Pethi @ Thirumalai Raja and others, 2023 LiveLaw (Mad) 307 IDFC Limited Versus The Deputy Commissioner of Income Tax, 2023 LiveLaw (Mad) 308 The Chennai District Collector and Others v T.V.S.Jaya Perumal (Died), 2023 LiveLaw (Mad) 309 N Ponnupillai v The State of Tamil Nadu,...
Citations: 2023 LiveLaw (Mad) 307 To 2023 LiveLaw (Mad) 316
NOMINAL INDEX
Ilampiraiyan v Mr Pethi @ Thirumalai Raja and others, 2023 LiveLaw (Mad) 307
IDFC Limited Versus The Deputy Commissioner of Income Tax, 2023 LiveLaw (Mad) 308
The Chennai District Collector and Others v T.V.S.Jaya Perumal (Died), 2023 LiveLaw (Mad) 309
N Ponnupillai v The State of Tamil Nadu, 2023 LiveLaw (Mad) 310
G Venkatesh v Bridge Federation of India, 2023 LiveLaw (Mad) 311
Arjunan Sampath @ Arjun Sampath v The Sub-Inspector of Police, 2023 LiveLaw (Mad) 312
R Kumaraguru, Ex MLA v State, 2023 LiveLaw (Mad) 313
Praveen Kumar v The Additional Chief Secretary and Others, 2023 LiveLaw (Mad) 314
Shreya Bhattacharya v Kendriya Vidyalaya Sangathan, 2023 LiveLaw (Mad) 315
Dr.J.Kaja Moinudeen v The Authorization Committee (Transplantation), 2023 LiveLaw (Mad) 316
REPORT
Case Title: Ilampiraiyan v Mr Pethi @ Thirumalai Raja and others
Citation: 2023 LiveLaw (Mad) 307
The Madras High Court recently observed that while taking cognisance of a complaint under Section 200 CrPC, the Magistrate could not look into the veracity of the witnesses. The court added that at the cognisance stage, the Magistrate could only check whether prima facie materials were available to constitute an offence or not.
Justice P Dhanabal of the Madurai bench relied on an earlier decision of the High Court in Mukesh Jain S/o.Prem Chand vs. Balachander and observed that at the cognisance stage, the Magistrate had to look into the complaint and other documents along with the sworn statement to see if a prima facie case was made out.
Case Title: IDFC Limited Versus The Deputy Commissioner of Income Tax
Citation: 2023 LiveLaw (Mad) 308
The Madras High Court has quashed the reassessment proceedings against the IDFC as the department failed to produce any new or tangible information to justify the reopening of the assessment.
The bench of Justice Anita Sumanth has observed that the information already on file that was examined in the first instance cannot satisfy the legislative requirement under Section 148 Explanation 1, which calls for the department to have such evidence that implies the income has escaped assessment.
Case Title: The Chennai District Collector and Others v T.V.S.Jaya Perumal (Died)
Citation: 2023 LiveLaw (Mad) 309
The Madras High Court recently came to the rescue of a family struggling to secure family pension for the past 36 years. The court also observed that the authorities' conduct in making the family run from pillar to post for the past 36 years during which time the wife of the deceased employee had also died was not merely unlawful, arbitrary but “inhuman”.
The bench of Justice R Suresh Kumar and Justice C Kumarappan also directed the State to make amendments to existing laws or bring in effective mechanisms to the existing laws to see that the retirement cum death benefits are paid to the families within a period of six months.
The court thus opined that the authorities could take the present case as a model case to streamline the issues pertaining to settling family pensions and to bring in a mechanism in tune with the existing laws.
Case Title: N Ponnupillai v The State of Tamil Nadu
Citation: 2023 LiveLaw (Mad) 310
Noting that due respect must be shown to the departed souls who worked as frontline workers during COVID-19, the Madras High Court recently directed the State to pay just and adequate compensation to the family of the deceased family.
Justice S Srimathy of the Madurai bench observed that the compensation of Rs. 50,000 which was already paid to the family of the man, who was serving as a Scavenger in the Municipality during COVID-19 was not sufficient. The court thus directed the authorities that the issue shall be considered in light of any existing scheme and an enhanced compensation may be given respecting the departed soul.
Case Title: G Venkatesh v Bridge Federation of India
Citation: 2023 LiveLaw (Mad) 311
While refusing to interfere with an order denying permission to an Overseas Citizen of India to participate in International Bridge tournaments on behalf of the Bridge Federation of India, the Madras High Court observed that the policy framed by the Central Government clearly stated that only Indians could participate in such tournaments and in such cases, the courts could not be called upon to interfere.
The bench of Justice D Krishnakumar and Justice PB Balaji thus refused to interfere with an order of the single judge dismissing the writ filed by the overseas Indian citizen seeking to be treated on par with NRIs.
The court also observed that as per the notification, the overseas Indian citizens were given the same privileges of a foreigner only for specific clause and in the present case, the petitioner Vignesh did not fall in any of the clauses and thus he was not entitled to any other right or privilege that an Indian citizen or a Non-resident Indian enjoyed.
Case Title: Arjunan Sampath @ Arjun Sampath v The Sub-Inspector of Police
Citation: 2023 LiveLaw (Mad) 312
The Madras High Court has quashed the proceedings against the President of the Hindu Makkal Katchi party Arjun Sampath pending before the Judicial Magistrate, Rajapalayam for violating the Code of Conduct during the 2019 Parliamentary Elections.
It was alleged that on April 5, 2019, Arjun along with his driver were canvassing votes for their political party without seeking any prior permission and had thus violated the Code of Conduct and the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. As per Section 4AA (1-a) of the Act, no person shall affix to inscribe or exhibit any motor vehicle, any poster or any effigy, or any bill, notice, document, paper or other thing containing any words, signs, or visible representation. Thus, the vehicle was seized and handed over to the police and a case was registered against the duo.
Justice D Nagarjun of the Madurai bench, however, observed that the offences under the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 will not be attracted in the present case as the police had failed to produce any poster, banner or bill which was allegedly affixed on Sampath’s motor vehicle.
Case Title: R Kumaraguru, Ex MLA v State
Citation: 2023 LiveLaw (Mad) 313
The Madras High Court on Wednesday granted anticipatory bail to AIADMK MLA Kumaraguru after noting that the MLA had tendered a public apology on October 9th to Chief Minister Stalin and State Minister Udayanidhi Stalin, for making derogatory remarks against them.
Justice G Jayachandran observed that considering the public apology and the fact that Kumaraguru had immediately shown regret for his speeches, anticipatory bail could be granted.
Kumaraguru had approached the High Court seeking anticipatory bail after a case was registered against him for allegedly making defamatory and derogatory statements against the Chief Minister and the Youth Welfare Minister in a public meeting held on September 19, 2023.
Madras High Court Dismisses PIL Seeking Expert Committee For Monitoring Rogue Elephant Arikomban
Case Title: Praveen Kumar v The Additional Chief Secretary and Others
Citation: 2023 LiveLaw (Mad) 314
The Madras High Court recently dismissed a public interest litigation seeking monitoring of the rogue elephant Arikomban and to forbear the authorities from using tranquilizers on the elephant.
The bench of Justice SM Subramaniam and Justice V Lakshminarayanan took note of the submission made by the authorities that all necessary steps were being taken to monitor the movements and health of the elephant at Periyar Tiger Reserve and dismissed the petition.
The petitioner, Praveen Kumar from Kerala had filed the plea to forbear the Principal Chief Conservator of Forests and the Chief Conservator of Forest and Field Director from using tranquilizers to prevent Arikomban from entering into agricultural lands and to monitor his activities with the help of a satellite radio collar. The petition also called for the appointment of an expert team including Adivasis to monitor his movements and to pave pathways into deep forests
Case Title: Shreya Bhattacharya v Kendriya Vidyalaya Sangathan
Citation: 2023 LiveLaw (Mad) 315
Coming to the aid of a class 8 student, the Madras High Court recently directed the Kendriya Vidyalaya Sangathan to relax the age-criteria and to give admission to the petitioner student.
Justice N Seshasayee observed that an admission guideline regarding age restriction was only a guideline of the school and did not have the force of a statute. The court further held that the could not be seen as "commandments of solomon" and must be construed reasonably especially when its strict compliance brought hardship.
The court also observed that Kendriya Vidyalaya's policy putting age-bar for young children in Classes 1-11 and lifting the age-bar for students in Class 12 who were nearing adulthood was both baffling and disturbed the conscience of the court.
Case Title: Dr.J.Kaja Moinudeen v The Authorization Committee (Transplantation)
Citation: 2023 LiveLaw (Mad) 316
The Madras High Court recently highlighted that as per Section 9(3) of the Transplantation Of Human Organs and Tissues Act, 1994 and Rules 14 and 19 of the Transplantation of Human Organs and Tissues Rules, 2014, transplantation has been permitted from non-relative donors and hospitals denying such transplants is plainly illegal.
Justice N Seshasayee also commented that the apprehensions of the hospitals is mostly due to inadequate awareness of the law on the subject. The court was thus of the opinion that proper legal education on the subject was necessary for physicians and hospitals and the government had to ensure the same.
OTHER DEVELOPMENTS
Speaking at the inaugural function for rolling out the new E-Filing Portal Version 3.0, e-Bail Bond Module, and Digital Transmission of Trial Court Records Software, Justice M Sundar, Chairman of the Computer Committee said that Madras High Court was topping the charts with respect to virtual hearings and translation of court judgments into regional language.
Relying on the statistical data as provided by the Supreme Court e-committee, Justice M Sundar said that the Madras High Court has had 14,35,227 hearings as of July 31st, 2023 thus contributing to one-fifth of the total virtual hearings from among the 25 High Courts.
While arguing against the authority with which the Ministers Udhayanidhi Stalin, Sekar Babu and MP A Raja were continuing in public office in light of their remarks on Santana Dharma, the petitioners argued that the Minister had committed “fraud on the constitution”.
When Justice Anitha Sumanth asked if Udhayanidhi’s speeches could be considered as part of free speech, Senior Advocate Ramanujam submitted that being a Minister, Udhayanidhi could not have made such remarks and that the State calling for eradication of a religion will be violative of Article 25 of the Constitution.
The senior counsel argued that as per the Constitution, every person had the freedom to practice and profess a religion and when he had the freedom to follow Sanatana Dharma, no one could call to eradicate it.
Centre Notifies Appointment of Two Advocates As Additional Judges Of Madras High Court
The Central Government has notified the appointment of two advocates as Additional Judges of the Madras High Court.
The two advocates are:
1. N Senthilkumar
2. G Arul Murugan
The Supreme Court Collegium had recommended their appointment as Additional Judges in July this year.
