Madras High Court Monthly Digest - December 2022 [Citations 488 to 525]

NOMINAL INDEX

Latha Educational Society Kaniyamoor v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 488

Yuvraj and others v State, 2022 LiveLaw (Mad) 489

L Muruganandam v The State and others, 2022 LiveLaw (Mad) 490

Edappadi K Palanisamy v Arappor Iyakkam and others, 2022 LiveLaw (Mad) 491

U Akbar Ali v The State of Tamil Nadu and another, 2022 LiveLaw (Mad) 492

M Seetharaman v The Commissioner HR&CE and another, 2022 LiveLaw (Mad) 493

Tvl.Marimuthu Venkateshwaran Versus The Commissioner, 2022 LiveLaw (mad) 494

Murali Krishna Chakrala Versus Deputy Director, 2022 LiveLaw (Mad) 495

Ramesh Dugar v The Deputy Director and another, 2022 LiveLaw (Mad) 496

Shakil Ahamed v The Superintendent of Customs, 2022 LiveLaw (Mad) 497

Dr P Balakrishnan v The Tamil Nadu Medical Council and others, 2022 LiveLaw (Mad) 498

Karunyam Mission (Trust) rep. by Trustee v. H Ganapathy and others, 2022 LiveLaw (Mad) 499

J Nithya v The Director of Elementary Education, 2022 LiveLaw (Mad) 500

Ravi @ Virumandi v State and another, 2022 LiveLaw (Mad) 501

Molasi Primary Agricultural Versus ITO, 2022 LiveLaw (Mad) 502

Tax Recovery Officer Versus Union Bank of India, 2022 LiveLaw (Mad) 503

Tmt.R.Nalini v Tmt.R.Nirmala, 2022 LiveLaw (Mad) 504

GP Bhaskar v Sumathi and another, 2022 LiveLaw (Mad) 505

Narendra Kumar Gupta v State rep by Assistant Director, Directorate of Enforcement, 2022 LiveLaw (Mad) 506

Isha Foundation v Union of India and others, 2022 LiveLaw (Mad) 507

S Selvaraj Simpson v The District Collector and another, 2022 LiveLaw (Mad) 508

M Ramya v N Satish Kumar, 2022 LiveLaw (Mad) 509

M/s. Raj Kishore Engineering Construction (P) Ltd. Versus The Joint Commissioner (Appeals) II, 2022 LiveLaw (Mad) 510

Arvind Gupta v Punjab National Bank and another, 2022 LiveLaw (Mad) 511

M Hemalatha v The National Medical Commission and others and Minor K Megatharani v The Union of India and others, 2022 LiveLaw (Mad) 512

V Anand v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 513

Thulasidass Adikesavan v. Inspector of Police and others, 2022 LiveLaw (Mad) 514

ML Ravi v. The Additional Chief Secretary to the Government and another, 2022 LiveLaw (Mad) 515

R.Chandrasekar v. The Secretary to Government, Home (Transport) Department and others, 2022 LiveLaw (Mad) 516

Southern Agrifurane Industries Private Ltd., v. The Assistant Director, Directorate of Enforcement, 2022 LiveLaw (Mad) 517

Viacom18 Media Private Limited v Bharat Sanchar Nigam Limited, 2022 LiveLaw (Mad) 518

S Lawrence Vimalraj v. The Registrar (Judicial) and others, 2022 LiveLaw (Mad) 519

The Dean, Government Medical College Hospital and another v. Vijayalakshmi, 2022 LiveLaw (Mad) 520

P Vedachalam v. The Principal Secretary, Adi Dravidar and Tribal Welfare Department and another, 2022 LiveLaw (Mad) 521

Durga Lakshmi Kalyana Mandapam and another v. Idols of Arulmighu Siddhi Ganesar Natarja Perumal, 2022 LiveLaw (Mad) 522

K.Balasubramaniam v. The Commissioner, Greater Chennai Corporation and others (batch cases) 2022 LiveLaw (Mad) 523

S.Karthi v The Registrar, The Tamil Nadu Dr.Ambedkar Law University, 2022 LiveLaw (Mad) 524

Mir Anas Ali v State 2022 LiveLaw (Mad) 525

REPORTS

Kallakurichi Student Death | Madras High Court Permits School Re-Opening For Classes 9-12 On Trial Basis

Case Title: Latha Educational Society Kaniyamoor v State of Tamil Nadu and others

Citation: 2022 LiveLaw (Mad) 488

The Madras High Court on Wednesday permitted Latha Educational Society to reopen its two schools, which were vandalised in July following the death of a school girl, for classes IX-XII on a trial basis for one month

Justice R Suresh Kumar said the students in the higher classes have to appear in the half-yearly examination this month and at least for that, the classes need to be opened so that they can prepare for and write the exams well.

The court directed that the District Administration, headed by the District Collector and the District Superintendent of Police, to visit the school before the date of reopening and hold discussions with the school management and other stakeholders on security arrangements in the school premises and the locality.

[Gokulraj Murder Case] Madras High Court Initiates Suo Moto Contempt Proceedings Against Witness For Making False Statement Under Oath

Case Title: Yuvraj and others v State

Citation: 2022 LiveLaw (Mad) 489

The Madurai bench of the Madras High Court has initiated suo moto contempt proceedings against Swathi, a prime witness to the Gokulraj Murder Case.

While hearing the appeals challenging the life imprisonment, the madurai bench of Justice MS Ramesh and Justice Anand Venkatesh summoned Swathi.

During the previous hearing on November 25, Swathi was showed CCTV footages of the deceased Gokulraj coming out of the temple with her. Though Swathi identified the man in the video as Gokulraj, she failed to identify the woman as herself.

The court however observed that Swathi was making false statements under oath. When asked if she was being forced to make such statements, Swathi started weeping and later fainted.

Even though the court warned that contempt proceedings will be initiated for such acts, Swathi stood by her statements. This led the court to initiate contempt proceedings against Swathi.

'Reflects Upon Entire Police Force': Madras HC Shocked To Learn That Sub-Inspector Hasn't Read Arrest Guidelines In Arnesh Kumar Case

Case Title: L Muruganandam v The State and others

Citation: 2022 LiveLaw (Mad) 490

Shocked over the fact that a Police Sub-Inspector had not even read the judgment of Arnesh Kumar v. State of Bihar which provides guidelines on arrest, the Madras High Court observed that the Chief of Police had a duty to ensure that the guidelines reached every police officer.

The bench of Justice R Subramanian and Justice K Kumaresh Babu was hearing a plea by a lawyer, who was suffering from locomotive disability seeking an enhancement of compensation in an order of the State Human Rights Commission. The petitioner had claimed that his arrest was improper and there was a blatant human rights violation.

Finding that the police force in the State was not given proper sensitisation to handle cases involving persons with disability, the court directed the Additional Chief Secretary to Government of Tamil Nadu, Home Department to ensure that district wise sensitisation is carried out.

The court added that similar guidelines should also be issued to Government Doctors who examine such persons with disabilities who run into conflict with law and are brought for medical examination.

READ MORE: Non-Provision Of Certain Amenities For Disabled Inmate During Short Period Of Incarceration Not A Serious Human Rights Violation: Madras HC

'Right To Free Speech Does Not Give Right To Defame': Madras HC Restrains NGO From Making Derogatory Statements Against Ex-CM Edappadi Palaniswamy

Case Title: Edappadi K Palanisamy v Arappor Iyakkam and others

Citation: 2022 LiveLaw (Mad) 491

The Madras High Court on Friday temporarily restrained NGO Arappor Iyakkam from making any derogatory statements against former Tamil Nadu Chief Minister Edappadi K Palaniswamy.

While granting the interim injunction in favour of Palaniswamy, the bench of Justice Krishnan Ramaswamy observed that the right to free speech guaranteed under the Indian Constitution does not give a right to defame others.

The court said any baseless publication would have considerable impact throughout the career of a politician.

'One Can't Carry His Caste After Conversion': Madras High Court Rejects Backward Quota Claim Of Man Who Converted To Islam From Hinduism

Case Title: U Akbar Ali v The State of Tamil Nadu and another

Citation: 2022 LiveLaw (Mad) 492

The Madras High Court recently observed that a person who has converted to another religion cannot claim the benefits of his community before conversion unless it is expressly granted by the State.

Justice GR Swaminathan further added that whether a person who has converted to another religion can be given the benefit of community reservation was a matter pending adjudication before the Supreme Court. Thus, it was not for the High Court to decide the matter.

Prohibit Use Of Mobile Phones Inside Temples, Sanctity To Be Preserved : Madras High Court Directs TN HR&CE Dept

Case Title: M Seetharaman v The Commissioner HR&CE and another

Citation: 2022 LiveLaw (Mad) 493

While directing Tamil Nadu Government to impose restrictions against usage of mobile phones inside temple premises in the State of Tamil Nadu the Madras High Court observed that though Article 25 of the constitution entitles everyone the freedom of religion, the same is subject to regulations inside the temple premises.

Justice R Mahadevan and Justice Sathya Narayana Prasad of the Madurai bench observed that the usage of mobile phones and cameras inside the temple which diverts the attention of the devotees can be regulated by the temple authorities concerned.

The court observed that under Section 4 of the Tamil Nadu Temple Entry Authorization Act 1947, the Trustees or authority-in-charge of a temple was empowered to make regulations for the maintenance of order and decorum of the temple. The Tamil Nadu Temple Entry Authorization Act 1947 also prescribes certain code of conduct for maintenance of order and decorum in the temple, apart from the regulations made by the trustee or authority as the case may.

Cancellation Of GST Registration On Health Issues; Madras High Court Revokes

Case Title: Tvl.Marimuthu Venkateshwaran Versus The Commissioner

Citation: 2022 LiveLaw (mad) 494

The Madurai Bench of the Madras High Court has lifted the cancellation of the GST registration as the tax returns were not filed by the taxpayer due to health-related issues.

The single bench of Justice Mohammed Shafiq, while considering the directions issued in the cases of Tvl. Suguna Cutpiece Vs Appellate Deputy Commissioner (ST) (GST) and others, has directed the department to revoke the cancellation of the GST registration.

Ingenuine Documents Submitted By Clients For Form 15CB, CA Cannot Be Prosecuted Under PMLA: Madras High Court

Case Title: Murali Krishna Chakrala Versus Deputy Director,

Citation: 2022 LiveLaw (Mad) 495

The Madras High Court has held that the chartered accountant (CA) is not required to go into the genuineness or otherwise of the documents submitted by his clients.

"A Panel Advocate, who has no means to go into the genuinity of title deeds and who gives an opinion based on such title deeds, cannot be prosecuted along with the principal offender. Applying the same anomaly, we find that the prosecution of Murali Krishna Chakrala, in the facts and circumstances of the case at hand, cannot be sustained," the division bench of Justice P. N. Prakash and Justice G. Chandrasekharan observed.

Search And Seizure Does Not Give Jurisdiction To Court To Order Return Of Articles When Investigation Is Held In A Different Place: Madras High Court

Case Title: Ramesh Dugar v The Deputy Director and another

Citation: 2022 LiveLaw (Mad) 496

The Madras High Court has held that when the investigation is being carried out in a different place, the court does not have territorial jurisdiction to order the return of seized articles even though the search and seizure were carried out within its territorial limits.

It observed that the search and seizure was the effect of the investigation and not the cause of the investigation. Therefore, as the investigation by the CBI and the ED was being held in Delhi, the court could not interfere in the matter.

Thus, the court dismissed the petition with liberty to the petitioner to work out his remedies before the appropriate forum.

[NDPS Act] Investigating Officer's Request For Extension Of Time Not Substitute For Report Of Public Prosecutor: Madras High Court Reiterates

Case Title: Shakil Ahamed v The Superintendent of Customs

Citation: 2022 LiveLaw (Mad) 497

While allowing a criminal revision petition and granting statutory bail to a petitioner in a NDPS case, the Madras High Court observed that even if the investigating agency has filed an application seeking an extension of time for completing the investigation, the public prosecutor has to file a separate report, showing that he had applied his mind and was satisfied with the investigation.

Even if the application is routed through the Public Prosecutor that will not be sufficient, he is expected to apply his mind independently, while seeking extension of time by the investigating agency Justice G Ilangovan observed.

High Court Directs State To Revamp "Archaic" Madras Medical Registration Act, Defers TN Medical Council Polls By 3 Months

Case Title: Dr P Balakrishnan v The Tamil Nadu Medical Council and others

Citation: 2022 LiveLaw (Mad) 498

The Madras High Court on Tuesday directed the state to revamp the "archaic" Madras Medical Registration Act, 1914 after it was brought to the court's notice that the old Act was still being used by the Tamil Nadu Medical Council to conduct its elections and appoint office bearers.

Justice R Subramaniam directed the State government to revamp the old act within a period of three months and directed the Tamil Nadu Medical Council (TNMC) to defer its elections till that time.

In the meantime, the court also directed that the present court order will not have an impact on the working of the present office bearers. The court directed them to continue till new rules are framed by the government.

Madras High Court Orders Police Inquiry Against Litigant For Filing False Affidavit In Court

Case Title: Karunyam Mission (Trust) rep. by Trustee v. H Ganapathy and others

Citation: 2022 LiveLaw (Mad) 499

The Madras High Court recently directed the Joint Registrar Original Side to lodge a police complaint against a litigant who had approached the court with false affidavit and other documents.

Justice CV Karthikeyan made the above direction after observing that the litigant had created a false death certificate, false legal heirship certificate, false Will with false signatures, all of which were evidently false and thus the petitioner tried to influence the flow of justice of the court.

'Tamil Nadu In Need Of Quality Education': High Court Directs State To Revisit Scheme For Teachers' Appointment, Prioritize Campus Education

Case Title: J Nithya v The Director of Elementary Education

Citation: 2022 LiveLaw (Mad) 500

The Madras High Court has recently directed the State to revamp its scheme regarding appointment of teachers to ensure that candidates who have acquired qualifications through regular campus education are given priority.

Also noting that the State ranked 27th in providing quality education, Justice SM Subramaniam highlighted the importance of imparting quality education for overall development of the state.

Upholding Conviction In POCSO Case, Madras High Court Says It 'Eagerly Awaits' Amendment In Law For Cases Involving Teenage Relationships

Case Title: Ravi @ Virumandi v State and another

Citation: 2022 LiveLaw (Mad) 501

Upholding the conviction and 10 years sentence of a man in a POCSO case, the Madras High Court recently said that it is "eagerly" waiting for an amendment in the law to appropriately deal with cases involving relationships of adolescents.

Justice P Velmurugan made the comment while upholding the conviction and sentence of one Ravi who was accused of kidnapping and forcibly marrying a 17 year old girl in May 2014. He was convicted by the trial court under Sections 366 of IPC, Section 5(l) of the POCSO Act and Section 3(1)(w)(i) r/w 3(2)(Va) of SC/ST Act and sentenced to rigorous imprisonment for a period of ten years.

TDS Exemption Not Applicable On Cash Withdrawal By Primary Agricultural Credit Co-Operative Societies: Madras High Court

Case Title: Molasi Primary Agricultural Versus ITO

Citation: 2022 LiveLaw (Mad) 502

The Madras High Court has held that the TDS exemption under Section 194N of the Income Tax Act is not applicable to cash withdrawal by primary agricultural credit co-operative societies.

The bench of Justice Anitha Sumanth has noted that the provisions of Section 194 N provide for a mandatory deduction of 2% of cash withdrawals and the object is to discourage and drive the move toward a cashless or cash-free economy.

Attachment By Tax Dept. Subsequent To A Mortgage Favouring Secured Creditors Has No Legs: Madras High Court

Case Title: Tax Recovery Officer Versus Union Bank of India

Citation: 2022 LiveLaw (Mad) 503

The Madras High Court has held that the orders of attachment passed by the Tax Recovery Officer or Income Tax Department were subsequent to the mortgage created in favour of the secured creditors and have no legs.

The division bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has observed that even if recovery proceedings are quashed for any reason, the bankers' and financial institutions' rights to claim priority in terms of Section 31 B of the Recovery of Debts and Bankruptcy Act and Section 26 E of the SARFAESI Act would still be available. The right to recover under the Income Tax Act, of 1961, must yield to the provisions under the SARFAESI Act and the Recovery of Debts and Bankruptcy Act, and thus, the exercise of attachment may not serve any useful purpose.

Revenue Divisional Officer Not Empowered To Order Recovery Of Possession Under TN Tenancy Law: High Court

Case Title: Tmt.R.Nalini v Tmt.R.Nirmala

Citation: 2022 LiveLaw (Mad) 504

The Madras High Court has held that the Revenue Divisional Officer, which is a rent authority, does not have powers to order for recovery of possession as per the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.

Justice SM Subramaniam observed that as per Section 21(2) of the Act, a "rent court" could make an order for the recovery of possession of the premises.

Madras High Court Imposes 50K Cost On Litigant Who Filed Contempt Petition Against Family Court Judge

Case Title: GP Bhaskar v Sumathi and another

Citation: 2022 LiveLaw (Mad) 505

The Madras High Court recently imposed a cost of Rs. 50,000 on a litigant who had initiated contempt proceedings against a presiding judge of family court claiming that the family court did not comply with high court directions to dispose of his divorce petition within a time frame.

Justice GK Ilanthiraiyan directed the petitioner to deposit the amount to the relief fund of the Chief Justice of the High Court within a period of two weeks.

The court noted that even though the High Court had directed the Family Court to dispose of the divorce petition by 11.01.2017, soon after, the petitioner had filed an appeal against an order of interim monthly maintenance.

Personal Liberty Cannot Be Curtailed On Mere Suspicion And Half-Baked Investigation: Madras HC Grants Bail To PMLA Accused

Case Title: Narendra Kumar Gupta v State rep by Assistant Director, Directorate of Enforcement

Citation: 2022 LiveLaw (Mad) 506

While allowing the bail plea of a man charged under the Prevention of Money Laundering Act, the Madras High Court reiterated that personal liberty could not be arbitrarily taken away unless in accordance with law.

The bench of Justice AD Jagadish Chandira, after observing that the petitioner was also suffering from a medical condition remarked that the man needed medical intervention.

Since there was no concrete ground for denial of personal liberty and being satisfied that the petitioner had complied with the twin conditions for granting bail, the court allowed the petition on the condition that the petitioner shall deposit the title deeds of immovable property worth 5 crores and executing a bond for a sum of rupees ten thousand.

Isha Foundation's Yoga Centre Is An Educational Institution, Doesn't Require Prior Environmental Clearance For Construction: Madras High Court

Case Title: Isha Foundation v Union of India and others

Citation: 2022 LiveLaw (Mad) 507

Madras High Court on Wednesday allowed Isha Foundation's plea against a show cause notice issued to it in Tamil Nadu for carrying out construction work between 2006-2014 at Coimbatore without obtaining mandatory environmental clearance as per the Central Government's Environment Impact Assessment Notification, 2006.

The bench of Acting Chief Justice T Raja and Justice D Krishnakumar observed that since the foundation was carrying on construction work for promoting group development activities and for promoting yoga, it came within the definition of an educational institution and thus was exempted from seeking prior environmental clearance.

Transfer Of Property Can't Be Declared Void U/S 23 Senior Citizens Act In Absence Of Clause Obligating Transferee To Maintain Transferor: Madras HC

Case Title: S Selvaraj Simpson v The District Collector and another

Citation: 2022 LiveLaw (Mad) 508

The Madras High Court has recently held that though the Maintenance and Welfare of Parents & Senior Citizens Act provides for declaring certain property transfers as void, a settlement of property cannot be cancelled unless it fulfills the conditions of the Act.

While dismissing a litigant's plea seeking directions to the Revenue Divisional Officer to consider his application, Justice R Subramanian observed that since the settlement deed did not contain a clause imposing an obligation on the settlee or transferree to maintain the settlor or transferor, the authority could not entertain an application for cancelling the settlement deed.

Pendency Of Maintenance Petitions Affects Fundamental Rights Of Minor Children, Courts Must Show Sensitivity: Madras High Court

Case Title: M Ramya v N Satish Kumar

Citation: 2022 LiveLaw (Mad) 509

Observing that the delay in disposal of the maintenance petitions infringes the fundamental right of the minor children, the Madras High Court has said that the family courts dealing with matrimonial matters must ensure that the interest of minor children is taken care of and their livelihood is protected by all possible means.

Justice SM Subramaniam took note of a submission that courts across Tamil Nadu are delaying the proceedings in maintenance petitions by not disposing the petitions or even granting interim maintenance.

Justice Subramaniam stressed that courts must consider social implications of such cases and consider the interest and livelihood of the children. "...and in case the mother, who filed the maintenance petition is unemployed, then interim maintenance must be ordered to protect the livelihood of the child in the custody of the moth," the bench added.

Madras High Court Quashes Non-Speaking Order Cancelling GST Registration

Case Title: M/s. Raj Kishore Engineering Construction (P) Ltd. Versus The Joint Commissioner (Appeals) II

Citation: 2022 LiveLaw (Mad) 510

The Madras High Court has quashed the order canceling GST registration without referring to the reason for the non-filing GSTR-3B return.

The single bench of Justice M. Sundar has remitted the matter back to the appellate authority with a directive to examine the matter on the merits based on available records and based on the opportunity already given to the writ petitioner/assessee under sub-section (8) of Section 107 of the CGST Act.

S.12A Commercial Courts Act | "Urgent Interim Relief" Must Exist At Time Of Filing Suit, Cannot Be Ex-Post Facto Jurisdictional Fact: Madras HC

Case Title: Arvind Gupta v Punjab National Bank and another

Citation: 2022 LiveLaw (Mad) 511

The Madras High Court has held that circumstances to seek "urgent interim relief" under Section 12A of the Commercial Courts Act and to bypass mandatory pre-institution mediation must exist at the time of institution of the suit.

While dismissing an application seeking an injunction against the invocation of a bank guarantee, Justice M Sundar observed,

As Hon'ble Supreme Court has made it clear that Section 12A is mandatory, it is in the nature of a jurisdictional fact. A jurisdictional fact should precede the suit and there can be no ex post facto jurisdictional fact. The plaintiff cannot be heard to contend that this Commercial Division should look at the matter as it stands today. The test is as it stood on the date of institution of suit i.e., 17.10.2022 in this case.

"Cannot Be Left High & Dry": Madras HC Directs Puducherry Govt To Grant Vacant ST Medical Seats To Backward Tribe Community Members

Case Title: M Hemalatha v The National Medical Commission and others and Minor K Megatharani v The Union of India and others

Citation: 2022 LiveLaw (Mad) 512

Granting relief to two students belonging to the Backward Tribe category seeking to be considered for reservation in the NEET UG medical admissions, the Madras High Court directed the Union Territory of Puducherry to allow them to fill up the vacant seats in the Scheduled Tribe category.

Justice CV Karthikeyan noted that it was the duty of the Government of Puducherry to ensure reservation to the Backward Tribe community which had been specifically created by the government. The judge also noted that the government could not merely state that the reservation was made according to the Medical Counselling Committee guidelines and thus the Backward Tribes could not be included as in reality the Medical Counselling Committee had no idea about the existence of the Backward Tribes in the Union Territory of Puducherry.

'Cannot Fix Operating Hours': Madras High Court Dismisses PIL Seeking Peak Hour Restrictions On Garbage Trucks

Case Title: V Anand v State of Tamil Nadu and others

Citation: 2022 LiveLaw (Mad) 513

The Madras High Court on Tuesday dismissed a Public Interest Litigation seeking to prohibit Tamil Nadu government and Greater Chennai Corporation from operating garbage trucks at peak office or school hours.

While dismissing the petition, Acting Chief Justice T Raja and Justice Bharatha Chakravarthy said that the court cannot not fix the operating hours of the garbage trucks.

The petitioner, V Anand, submitted that the garbage trucks operating in peak times - 8:30 am to 10:00 am, cause great disturbance and nuisance to the general public and also create traffic snarls.

Madras High Court Directs State To Pay ₹1 Lakh Compensation To Family Of Man Missing Since Hospital Admission For COVID-19 In 2020

Case Title: Thulasidass Adikesavan v. Inspector of Police and others

Citation: 2022 LiveLaw (Mad) 514

The Madras High Court on Monday directed the Tamil Nadu government to pay Rs one lakh compensation to the family of a 74-year-old man who has not been found since being taken to a government hospital in June 2020 for COVID-19 treatment.

The division bench of Justice PN Prakash and Justice Anand Venkatesh directed the police to take effective steps to find the whereabouts of the missing person and continue with its investigation in the matter.

The court said Tamil Nadu government and Greater Chennai Corporation had done their best to fight the COVID war and no single officer could be blamed for the lapse

At the same time, the court agreed with the submission of the family that had the police registered the FIR in the first instance itself, police would have been able to trace Adikesavan.

Madras High Court Dismisses PIL Against Insistence On Aadhaar Authentication With Electricity Connection

Case Title: ML Ravi v. The Additional Chief Secretary to the Government and another

Citation: 2022 LiveLaw (Mad) 515

The Madras High Court on Wednesday dismissed a Public Interest Litigation challenging a Government Order issued by the Energy Department permitting Tamil Nadu Generation and Distribution Corporation (Tangedco) to insist on linkage of Aadhaar number with electricity consumption consumer billing number for availing certain services.

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy dismissed the petition observing that the same was devoid of merits.

The court relied on the decision of the Apex Court in KS Puttaswamy wherein it was held that Adhaar authentication can be insisted upon for welfare schemes under which the benefits, subsidies, or services are provided to intended recipients.

Stickers Bearing Official Name, Designation Or Political Party Is Tactic To Avoid Being Questioned By Police, Should Be Removed: Madras HC

Case Title: R.Chandrasekar v. The Secretary to Government, Home (Transport) Department and others

Citation: 2022 LiveLaw (Mad) 516

The Madurai bench of Madras High court recently noted that use of stickers bearing official name, designation or political marks in vehicles is a tactic employed by violators to avoid being questioned by the police.

Justice R Mahadevan and Justice Sathya Narayana Prasad also opined that such stickers would in effect defeat the purpose of legislations standardising the marks and size of the number plate.

The court thus directed the Regional Transport authorities to conduct daily inspections and seize such vehicles if their number plates are not in accordance with the standards prescribed. The court also directed the authorities to impose fine and initiate appropriate action against the violators.

Courts Are Not Expected To Stall Investigation, Cannot Interfere When There Is Prima Facie Material: Madras HC Dismisses Plea Against PMLA Proceedings

Case Title: Southern Agrifurane Industries Private Ltd., v. The Assistant Director, Directorate of Enforcement

Citation: 2022 LiveLaw (Mad) 517

While dismissing a plea by a company challenging the proceedings initiated by Enforcement Directorate under the Prevention of Money Laundering Act, the Madras High Court observed that the two requirements to start an investigation by the ED are (i) commission of a predicate offence (which was a schedule offence) and (ii) prima facie material to show that such schedule offence has generated proceeds of crime.

Justice PN Prakash and Justice Anand Venkatesh observed that once these conditions are satisfied and the court is convinced that the investigation is conducted by the Directorate within their power, then the court could not act as a "stumbling block" in the progress of the investigation.

IPL 2023: Madras High Court Restrains Internet Service Providers From Illegally Broadcasting Auctions/ Events

Case Title: Viacom18 Media Private Limited v Bharat Sanchar Nigam Limited

Citation: 2022 LiveLaw (Mad) 518

The Madras High Court has granted an interim injunction in favour of Viacom 18 thus restraining 26 Internet Service Providers from unauthorizedly broadcasting auctions and other events related to Indian Premier League 2023.

Viacom 18 submitted that it has been given the broadcasting rights by the Board of Control for Cricket in India (BCCI) with respect to all the events to be conducted between the period of 2023 and 2027. Fearing that certain ISPs were likely to illegally broadcast the events, Viacom18 had approached the court seeking injunction against such ISPs.

Justice C Saravan, after hearing the applicant observed that it had made out a case for granting interim relief and that the balance of convenience was in their favour.

Senior Advocate Designation An Honour And Privilege, Cannot Be Based On Reservation: Madras High Court Rejects Plea Seeking Quota For Women Lawyers

Case Title: S Lawrence Vimalraj v. The Registrar (Judicial) and others

Citation: 2022 LiveLaw (Mad) 519

Dismissing a petition seeking reservation for women in designation of Senior Advocate, the Madras High Court last week observed that conferring the status of Senior Advocate on an Advocate is a privilege and not a post.

Conferring the status of Senior Advocate on a Advocate qua Section 16 of 'The Advocates Act, 1961 (25 of 1961)' is clearly a privilege and not a post. Therefore, any prayer for reservation is misplaced

Thiruvarur Hospital Can Recover ₹5 Lakh Compensation Amount From Doctors, Officials In Medical Negligence Case: Madras High Court

Case Title: The Dean, Government Medical College Hospital and another v. Vijayalakshmi

Citation: 2022 LiveLaw (Mad) 520

The Madras High Court has held that whenever loss to the State Exchequer is caused due to the negligent acts of public servants, such financial loss should be recovered from them.

When the Public Officials have committed an act of negligence, lapses or dereliction of duty, the financial loss caused to the State Exchequer are to be recovered from such Public Servants, who all are responsible and accountable for the financial losses.

Justice SM Subramaniam was hearing a civil revision petition filed by the Dean of the Government Medical College Hospital, Thiruvarur and District Collector, Thiruvarur to set aside the attachment order passed by the Sub Court attaching the movables in the office of the revision petitioner.

Madras High Court Asks State To Constitute Task Force For Effective Implementation Of Post Matric Scholarship Scheme For SC/ST Students

Case Title: P Vedachalam v. The Principal Secretary, Adi Dravidar and Tribal Welfare Department and another

Citation: 2022 LiveLaw (Mad) 521

The Madras High Court recently said that late disbursal of scholarship amount to the SC/ST defeats the constitutional purpose for which the Post Matric Scholarship Scheme has been formulated.

The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad was hearing a plea seeking directions for disbursal of the post-matric scholarship to SC/ST/SCA students of all colleges in Tamil Nadu at the beginning of every academic year.

Taking note of difficulties being faced in implementing the scheme to disburse the scholarship amount in time, the court asked the authorities to consider constituting a task force with representatives from both union government and state government ministries.

Temple Properties Being Encroached Without Any Guilt, Executive Officer's 'Power' To File Suit Has Transformed Into 'Duty': Madras High Court

Case Title: Durga Lakshmi Kalyana Mandapam and another v. Idols of Arulmighu Siddhi Ganesar Natarja Perumal

Citation: 2022 LiveLaw (Mad) 522

The Madras High Court has said Section 45 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 can no more be read as requiring an express authorisation from the Commissioner for filing of a suit as the very appointment of the Executive Officer enjoins the said duty.

Justice Bharatha Chakravarthy was hearing an appeal challenging the order of the City Civil Court wherein the court authorized the management of the Arulmigu Siddhi Ganesar Natarja Perumal Durgaiamman temple to manage and administer a Kalyana mandapam situated in the temple.

The court said people generally had "a sentiment/fear not to exploit the temple property" but with the population growth and urbanisation, the sentiment has vanished in thin air and "the properties of the temple, be it residential plots or commercial buildings or agricultural lands are encroached upon without any guilt and the temple is divested of the income."

Thus, the court noted that the 'power' to file a suit has transformed into a 'duty' to file a suit. In such a situation, the appointment of the Executive Officer itself enjoins a duty to protect the temple property.

Madras High Court Upholds State's Decision To Increase Property Tax In Chennai, Coimbatore Municipal Areas

Case Title: K.Balasubramaniam v. The Commissioner, Greater Chennai Corporation and others (batch cases)

Citation: 2022 LiveLaw (Mad) 523

The Madras High Court recently upheld the validity of the Government Order issued by Tamil Nadu's Municipal Administration and Water Supply Department and the consequential resolutions of Greater Chennai Corporation and Coimbatore Corporation by which the property taxes in Chennai and Coimbatore were revised and increased.

The court however emphasised that this revision in tax rates could not be implemented retrospectively and rejected a revision notice to such extent.

Justice Anita Sumanth passed the decision on petitions challenging the Government Order revising property tax in Chennai and Coimbatore. Along with it, a challenge was also made to Property tax General Revision Notices for the period 2022-23 which made 1st April 2022 the effective date for the implementation of the new tax rates.

Students With 3-Year Diploma/Polytechnic After Class X Eligible For BA LLB Admission, Incorporate In Prospectus: Madras High Court To TNDALU

Case Title: S.Karthi v The Registrar, The Tamil Nadu Dr.Ambedkar Law University

Citation: 2022 LiveLaw (Mad) 524

The Madras High Court has directed the Tamil Nadu Dr. Ambedkar Law University to permit a student, who had pursued a three-year diploma after the 10th standard, to participate in the admission process for the five-year BA LLB course.

The court said he cannot be disqualified merely on the ground that he had studied three year diploma course after completing the 10th standard.

The Bar Council of India had earlier clarified that the 3 year diploma/polytechnic course issued by an institution recognized by the government shall be considered at par with Class XII certificate for the purpose of admission to the 5 year integrated L.L.B. Degree Course.

Blind Leading The Blind? Madras High Court Says Trained Judicial Officers Ignorant Of Procedure, Orders Academy To Conduct Refresher Course

Case Title: Mir Anas Ali v State

Citation: 2022 LiveLaw (Mad) 525

The Madras High Court recently directed the Tamil Nadu State Judicial Academy to conduct a "refresher course" for judicial officers focusing on special enactments like Unlawful Activities Prevention Act (UAPA), Prevention of Children from Sexual Offences (POCSO) Act, SC/ST Act and NDPS Act.

The direction came from a bench of Justice P.N. Prakash and Justice N. Anand Venkatesh after it observed that the lower courts had failed miserably to follow proper procedure while dealing with the bail plea of a man accused under various provisions of IPC and UAPA.

The court noted that since the appellant was charged under the UAPA, only a special court would have the jurisdiction. As per a full bench decision of the Madras High Court in Jaffar Sathiq v. State, till the Special Courts are constituted by the State, the Court of Session alone will have the jurisdiction to entertain bail applications.

OTHER DEVELOPMENTS

"Bike Vloggers" Use Modified Bikes Without RTO Permit, Indulge In Rash Driving: Plea In Madras High Court, Notice Issued

Case Title: M Vignesh v. The Chief Secretary and others

Case No: WP No. 31735 of 2022

Acting Chief Justice T Raja and Justice D Krishnakumar on Monday sought the State's response on a lawyer's plea seeking to frame rules and regulations against bike riders who drive their bikes in a rash and dangerous manner in public places and to prevent usage of modified/altered bikes without proper permission from the Regional Transport Officer (RTO) in the state of Tamil Nadu.

The petitioner, M Vignesh, a lawyer by profession, submitted in his affidavit that the State of Tamil Nadu had seen a humongous increase in the number of rash and negligent driving cases in the past five years. According to the petitioner, one reason for the same is the racing and rash driving culture that has increased in the State where bike riders were doing dangerous stunts on public roads.

Online Crowdfunding Not A Healthy Way Of Collecting Donations: Madras High Court Says While Hearing Youtuber Karthik Gopinath's Plea

Case Title: S Karthik Gopinath v The Executive Officer and others

Case No: WP No. 29836 of 2022

While hearing Youtuber Karthik Gopinath's plea seeking recognition as a donor to transfer around 30 lakhs rupees that he had collected through "Milaap" for renovating damaged temples, the Madras High Court observed that online crowdfunding may not be a healthy way of collecting donations.

This is not a healthy way of collecting funds. The online system may be helpful in some ways, but it also poses many risks. Here, the petitioner has come forward, but what about others who have collected many and have failed to declare it? Justice PD Audikesavalu asked.

Madras High Court: Two Division Benches At Madurai Dispose Of Over 8.6K Cases In 3 Months

The Madurai bench of Madras High Court has set a new benchmark by disposing of more than 8,000 cases in just a span of three months, as reported by the Ministry of Law and Justice.

Two division benches - one of Justice R Mahadevan and Justice Sathya Narayana Prasad and the other of Justice Anand Venkatesh and Justice Nisha Banu, later with Justice MS Ramesh together disposed of 8,612 cases between September 5 and December 2 this year.

Policy For LGBTQIA+ Community Will Be Finalized & Published In Three Months: TN Govt Tells High Court

The Tamil Nadu government on Friday informed the Madras High Court that it was in the process of finalising a policy for the LGBTQIA+ community. This policy is a first in the country as no State has yet come forward with policies for the well being of the LGBTQIA+ community. Although many states, including Tamil Nadu have policies for the welfare of Transgender community, this is the first time a state will bring in policy for the LGBTQIA+ community.

Additional Advocate General S Silambanan also informed the court that Draft Rules for Tamilnadu Transgender Persons (Protection of Rights) Rules, 2022 has already been notified and the same has been forwarded for approval by the Law Department. These rules would then be notified in the official Gazette and would come into effect.

It was also submitted that the State Planning Commission had presented the draft policy for LGBTQIA+ community to the Chief Minister and it had been forwarded to the concerned department for further action. There was continuous follow up and Director of Social Welfare had been convening meetings with the stakeholders. The state further sought a time of 3 months for completing this exercise.

Madras High Court Seeks State's Response On Plea For Setting Up Libraries In Prisons

Case Title: Saha AV v. The State of Tamil Nadu and others

Case No: WP (MD) 27463 of 2022

Madras High Court has directed the State of Tamil Nadu to file its response to a plea seeking setting up of libraries in all the prisons in the southern districts of Tamil Nadu.

The petitioner had sought for maintaining library with sufficient number of books, to maintain a digital library with necessary infrastructure, and to appoint a qualified librarian in all Central Prison, Special Prison for Women, District Jail, Borstal School, Open Air Prison, Juvenile home, Sub-Jails for Men and Women in Southern Parts of Tamil Nadu.

Madras HC Seeks State's Response On YouTuber Savukku Shankar's Plea Accusing Cuddalore Central Prison Superintendent Of Assaulting Inmates

Case Title: Shankar @ Savukku Shankar v State of Tamil Nadu and others

Case No: WP No. 33617 of 2022

YouTuber and Activist Savukku Shankar has approached the Madras High Court with a petition accusing jail authorities of beating up inmates in Cuddalore Central Prison.

Justice G Chandrasekharan has directed the State to respond to the petition within a week.

He has alleged that while he was incarcerated, he came to know that a prisoner Kannan was being kept in solitary confinement and was regularly beaten up by Senthil Kumar, the Superintendent of Cuddalore Central Prison.

The petition alleges that eight other prisoners were similarly kept in solitary confinement and were regularly beaten up by the Prison Superintendent.

Alleging no action was taken by the authorities, Shankar has now approached the High Court seeking directions to the respondents for consideration of his representations. He has also prayed for appropriate disciplinary action against the officer.

Madras High Court To Decide Maintainability Of Plea Seeking Disqualification Of Governor RN Ravi

Case Title: M Kannadasan v Union Of India

Case No: WP 133846 of 2022 (Filing No.)

The Madras High Court on Thursday reserved orders on the maintainability of a plea by Thanthai Periyar Dravidar Kazhagam challenging the authority by which Governor RN Ravi is continuing to hold office as he has been appointed as the Chairman of the Auroville foundation.

The petitioner had submitted that as per Section 13 of the Auroville Foundation Act, the Chairman was entitled to salaries and allowances along with other benefits like leave, pension, provident fund etc as fixed by the Central Government. Drawing attention to Article 158(2) of the Constitution of India which prohibits the Governor from holding any other office of profit, Kannadasan submitted that the moment Ravi accepted the position of Chairman, he was disqualified to continue in the office of the Governor.

Also Read: TN Governor RN Ravi Incurred Disqualification By Accepting 'Office Of Profit': Plea In Madras High Court

Madras HC Advocates' Association Assures High Court That Its Elections Will Be Free And Fair

Case Title: S Mahaveer Shivaji v. the Advocate General and others

Case No: WP 33639 of 2022 (Bar Council Cases)

Madras High Court Advocates' Association (MHAA) has informed the Madras High Court that its elections, which are scheduled to be conducted on 9th January, 2023, would be conducted in a free and fair manner.

The submission was made before the bench of Justice R Mahadevan and Justice Sathya Narayana Prasad in response to a plea filed by an advocate alleging large scale irregularities in the manner of conducting allegations.

The Association also informed the court that all the applications were being scrutinized diligently to ensure that the elections would be conducted without any bias. The Association also submitted that it would ensure the principle of one bar one vote is followed so that an advocate casts only one vote even if he/she is member in different bars.

Madras High Court Extends Interim Stay On ED Probe Against Tamil Nadu Minister Anitha Radhakrishnan

Case Title: Anitha R Radhakrishnan v The Directorate of Enforcement and another

Case No: WP No. 16467 of 2022

Observing that substantial legal issues have been raised in the matter, the Madras High Court recently extended the interim stay on the Enforcement Directorate probe against Tamil Nadu Fisheries Minister Anitha Radhakrishnan till further orders.

The division bench of Justice PN Prakash and Justice Anand Venkatesh noted that one of the judges (J. Prakash) is retiring shortly and it will not be able to take up the case for final disposal as Additional Solicitor General has to be heard in detail on all the legal issues raised by the petitioner's counsel in the plea seeking quashing of the ED proceedings.

Plea In Madras High Court Challenges Provisions Of Assisted Reproductive Technology (Regulation) Act

Case Title: S Shanmugalatha and others v Union of India and others

Case No: WP 33666 of 2022

A group of women has approached the Madras High Court challenging the constitutional validity of Section 27(2) of the Assisted Reproductive Technology (Regulation) Act 2022. They also seek reading down of Section 21(b) of the Act so as to allow oocyte donors to make at least 6 oocyte donations in their lifetime as per the guidelines of Indian Council for Medical Research (ICMR) Guidelines.

On Friday, the bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy adjourned the matter and directed the petitioners to submit additional documents in the nature of scientific evidence to support their claims.

Madras High Court Judge Faces Misbehaviour By Vadapalani Murugan Temple Staff During Visit, Witnesses Financial Irregularities

Justice SM Subramaniam of the Madras High Court has registered a complaint with the Commissioner of Hindu Religious and Charitable Endowment department take appropriate action against five temple staffs who were engaged in financial irregularities and subsequent misbehavior in Vadapalani Murugan Temple.

The court has directed the Commissioner to take all appropriate action against the staff members and conduct an enquiry about the supervisory lapses against the Executive Officer and in case of any lapses, initiate action against the Executive Officer and report the same to the court.

Madras High Court Issues Notice On Plea Seeking Regulated Places For Alcohol Consumption After Closing Of TASMAC Bars

Case Title: N Mohan and another v. Additional Chief Secretary, Prohibition and Excise Department and another

Case No: WP 34228 of 2022

Acting Chief Justice T Raja and Justice Bharatha Chakravarthy of the Madras High Court has ordered notice to the Additional Chief Secretary, Prohibition and Excise Department and the Managing Director, TASMAC on a plea for framing guidelines, rules and regulations with regard to the place for consuming alcohol by purchasers after closing time of TASMAC shops and bars attached thereto.

The petitioner, N Mohan and Gopinath hailing from Thiruvallur district submitted that as per a Government Order issued by the Home, Prohibition and Excise Department, the TASMAC shops and bars attached thereto are allowed to function between 12pm to night 10pm. This has led to a situation where the last minute purshasers consume alcohol in the streets causing nuisance to women, children and neighbours.

Public Opinion Cannot Take The Face Of Evidence: RSS Argues In Plea Against Single Judge Order Imposing Conditions For Route March

Case Title: G Subramanian v. K Phanindra Reddy IAS (batch cases)

Case No: LPA 6 of 2022

Public opinion cannot take the face of evidence, Rashtriya Swayamsevak Sangh (RSS) argued before the Madras High Court while challenging a single bench's order imposing certain conditions on its route march.

"The court had looked at the intelligence report and observed that there was nothing in it. Yet, it went on to impose conditions. Public Opinion and Press Reports cannot take the face of evidence," the party's counsel argued.

The submissions were made before a bench of Justice R Mahadevan and Justice Sathya Narayana Prasad. The court adjourned the matter to January 5 after the State submitted that it was yet to receive all the documents in the letter patent appeal.

Madras High Court To Have Neutral Citation System From Jan 1

The Madras High Court is set to have its own 'neutral citation system' for all its judgments, which are uploaded on its official website, with effect from January 1, 2023.

In a circular issued on December 30, The Registrar General said that a unique neutral citation number will be auto generated for every order/judgment that is uploaded on the website. This citation will be in the format of "Year/MHC/auto generated number".