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Madras High Court Monthly Digest: March 2022 [Citation 80-134]
Upasana Sajeev
11 April 2022 4:38 PM IST
![Madras High Court Monthly Digest: March 2022 [Citation 80-134]](https://www.livelaw.in/h-upload/2022/02/01/750x450_408688-madras-high-court-monthly-digest.jpg "Madras High Court Monthly Digest: March 2022 [Citation 80-134]")
Citations: 2022 LiveLaw (Mad) 80 To 2022 LiveLaw (Mad) 134 NOMINAL INDEX M.Muthumadasamy v. The Accountant General and another, 2022 LiveLaw (Mad) 80 K. Radha v. The Chief Educational Officer & Ors., 2022 LiveLaw (Mad) 81 Saratha vs Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, 2022 LiveLaw (Mad) 82 Karti P.Chidambaram v. The Regional Passport...
Citations: 2022 LiveLaw (Mad) 80 To 2022 LiveLaw (Mad) 134
NOMINAL INDEX
M.Muthumadasamy v. The Accountant General and another, 2022 LiveLaw (Mad) 80
K. Radha v. The Chief Educational Officer & Ors., 2022 LiveLaw (Mad) 81
Saratha vs Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, 2022 LiveLaw (Mad) 82
Karti P.Chidambaram v. The Regional Passport Officer, 2022 LiveLaw (Mad) 83
Kannan@ Mannanai Kannan & Ors. v. The State represented by Inspector of Police, 2022 LiveLaw (Mad) 84
Irfan v. K.S Kumaran & Anr., 2022 LiveLaw (Mad) 85
Rangarajan Narasimhan v. Additional Chief Secretary to Government & Ors, 2022 LiveLaw (Mad) 86
O. Selvam & Ors v. The Commissioner of School Education & Ors & Connected Cases, 2022 LiveLaw (Mad) 87
D.Balasubramanian v. The Commissioner, HR & CE Department & Ors and Prabhu Nambiappan v. Revenue Divisional Officer, Lalgudi Taluk & Ors., 2022 LiveLaw (Mad) 88
Immaculate College Of Education For Women v. Pondicherry University & Anr. and Connected Matters, 2022 LiveLaw (Mad) 89
M/s Oil and Natural Gas Corporation Ltd., rep.by its Deputy General Manager v. Rajeswari & Ors and Connected Cases, 2022 LiveLaw (Mad) 90
P. Pugalenthi, Director, Prisoners Rights Forum v. The State of Tamil Nadu & Ors., 2022 LiveLaw (Mad) 91
Ashraf & Ors. v. State Represented by Inspector of Police 2022 LiveLaw (Mad) 92
T. Akshaya & Ors v. State of Tamil Nadu & Ors., 2022 LiveLaw (Mad) 93
S. Meena & Anr. v. Sivakumar & Ors., 2022 LiveLaw (Mad) 94
Pueblo Holdings Limited v. Emirates Trading Agency LLC & Ors., 2022 LiveLaw (Mad) 95
N. Rahul Kumar v. Central Bureau of Investigation & Ors., 2022 LiveLaw (Mad) 96
Air India Corporation Employees Union v. Union of India & Ors. & Connected Matte, 2022 LiveLaw (Mad) 97
M/s. V.R.S. Traders Versus Assistant Commissioner (State Taxes), 2022 LiveLaw (Mad) 98
D.S. Radhika v. The State Represented By Secretary to Government & Ors., 2022 LiveLaw (Mad) 99
P. Kannan v. The Commissioner of Municipal Administration & Ors., D. Sekar v. The Assistant Director of Survey and Land Records, Kancheepuram, 2022 LiveLaw (Mad) 100
M.A.M Raja v. The Special Personal Assistant to Minister for Law & Ors., 2022 LiveLaw (Mad) 101
Rahul Surana v. The Serious Fraud Investigation Office & Ors., 2022 LiveLaw (Mad) 102
M. Selvaraj v. Arulmigu Arunachaleswarar Thirukkoil, 2022 LiveLaw (Mad) 103
O. Panneerselvam v. P. Milany & Ors., 2022 LiveLaw (Mad) 104
Suo Motu W.P. No. 12935 of 2021, 2022 LiveLaw (Mad) 105
Kiruthika v. The State Represented By Inspector of Police & Anr., 2022 LiveLaw (Mad) 106
S.P Muthu Raman v. The Joint Secretary & Anr, 2022 LiveLaw (Mad) 107
Dr. Esther, MBBS, DGO v. State of Tamil Nadu & Ors, 2022 LiveLaw (Mad) 108
L. Ponnammal v. Union of India, 2022 LiveLaw (Mad) 109
Maxworth Orchards (India) Limited & Anr. v, T. Mohan & Ors., 2022 LiveLaw (Mad) 110
P. Subburaj v. The Principal Secretary, Housing & Urban Development Department & Anr., 2022 LiveLaw (Mad) 111
Meenava Thanthai K.R.Selvaraj Kumar Meenavar Nala Sangam v. National Green Tribunal, Principal Bench & Anr., 2022 LiveLaw (Mad) 112
R.R Saravana Balagursamy v. The Superintendent of Police and Ors, 2022 LIveLaw (Mad) 113
The Divisional Manager, TATA AIG General Insurance Company Limited v. A.C. Jagadeesann & Anr, 2022 LiveLaw (Mad) 114
SC Raja Rajeshwari v. The State of Tamil Nadu and Ors, 2022 LiveLaw (Mad) 115
S. Ganeshan v. State represented by Inspector of Police, 2022 LiveLaw (Mad) 116
Krishnamoorthy v. State Represented by Inspector of Police & Connected Matters, 2022 LiveLaw (Mad) 117
Malliga v. P. Kumaran, 2022 LiveLaw (Mad) 118
Arulmighu Palapattarai Mariamman Tirukoil v. Pappayee & Ors., 2022 LiveLaw (Mad) 119
K. Umadevi v. Government of Tamil Nadu & Ors, 2022 LiveLaw (Mad) 120
State rep by The Deputy Superintendent of Police, CB CID v. A Sivakumar & Ors., 2022 LiveLaw (Mad) 121
M/s.MNS Enterprises Versus The Additional Director General Directorate of GST Intelligence, 2022 LiveLaw (Mad) 122
M/s.Tamil Nadu State Marketing Corporation Ltd v. Additional/Joint/Deputy/Asst Commissioner of Income-tax & Anr., 2022 LiveLaw (Mad) 123
S.P. Velayutham Versus The Assistant Commissioner Of Income Tax, Chennai, 2022 LiveLaw (Mad) 124
Shri. Ahmed A.R.Buhari, S/o.Shri.Abdul Rahman Buhary Seyed v. The Assistant Director, Directorate of Enforcement, 2022 LiveLaw (Mad) 125
Mr.G.Nagaiyan & Anr. v. Mr. K. Palanivel, 2022 LiveLaw (Mad) 126
M. Gowrishankar v. The Deputy Manager (SME) & Ors., 2022 LiveLaw (Mad) 127
Pastor Muniyandi @ Ramesh & Ors. v. State Represented by Inspector of Police, 2022 LiveLaw (Mad) 128
Cannou Parimala Rani @ Mary Rosay Parimala Rani v. Ilamathy and Ors, 2022 LiveLaw (Mad) 129
A. Ganesan v. Javeed Hussain (died) and Ors., 2022 LiveLaw (Mad) 130
L Praveen v. State represented by Inspector of Police, 2022 LiveLaw (Mad) 131
Edappadi K. Palanisamy and Anr v. Va Pugazhendi, 2022 LiveLaw (Mad) 132
Dr. S. Subbiah v. The State of Tamil Nadu rep by Secretary and anr, 2022 LiveLaw (Mad) 133
T.Lakshmi v. M.Vasantha and Ors, 2022 LiveLaw (Mad) 134
Case Title: M.Muthumadasamy v. The Accountant General and another
Citation: 2022 LiveLaw (Mad) 80
In a significant observation, the Madras High Court has recently said that it is time for the Constitutional Courts to ensure that the rights and duties are enforced in an equal manner. The Court also stressed that the Government should come out with a clear system with the enforceability of duties.
This assertion came from the Bench of Justice S. M. Subramaniam as it held that if a public servant contracted a second marriage during the lifetime of the first wife, then the second wife is not entitled to any service benefits, as the second marriage is void in the eye of law.
In its order, the Court also underscored that enforcement of duty is an integral part of the Constitution of India and that if performance of duties won't be insisted then an imbalance would be created and which would affect the democratic principles.
Case Title: K. Radha v. The Chief Educational Officer & Ors.
Citation: 2022 LiveLaw (Mad) 81
Slamming those in the teaching community that takes private tuition classes for remuneration and do other businesses, Madurai Bench of Madras High Court has issued a slew of directions to prevent government school teachers from flouting the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules.
The court was deprecating the trend of teachers approaching the High Court even for transfer to a nearby place. The court also added that once they manage to get an interim order of stay, they continue staying in the same place for several years, which is detrimental to the rights of other employees and public administration.
Justice SM Subramaniam has also observed that the Teachers Associations in the state are illegally interfering in the affairs of the Education Department. The single-judge bench of Justice S.M. Subramaniam has directed the Principal Secretary to constitute Special Teams at the District level to monitor and initiate disciplinary proceedings if teachers are involving themselves in private business/ tuition centres, other part-time employments etc.
3. Act Against Govt Teachers Taking Private Tuitions & Other Businesses: Madras High Court
Case Title: K. Radha v. The Chief Educational Officer & Ors.
Citation: 2022 LiveLaw (Mad) 81
Slamming those government teachers who take private tuition classes for remuneration and do other businesses, Madurai Bench of Madras High Court has issued a slew of directions to prevent government school teachers from flouting the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules.
"The teaching community is concentrating to satisfy their self-needs, thereby neutralizing the duties and responsibilities. They are fighting only for their rights...But, time has come now for the Courts for emphasis the duties to be performed by these Teachers and citizen in general. Rights and duties are corresponding. When a Teacher claims a right, equally the performance of duties is to be emphasised. But, the trend is that the duties are not considered as important. Such a mind-set at no circumstances, is tolerable", the bench noted.
Case Title: Saratha vs Member Secretary, Tamil Nadu Uniformed Services Recruitment Board
Citation: 2022 LiveLaw (Mad) 82
The Madras High Court has held that clubbing Transgender persons who self-identified as females under the quota for women is unconstitutional. The Court also held that there can't be inter-se discrimination among transgender persons identifying themselves as "males" and "females".
"The decision of Tamil Nadu Uniform Services Recruitment Board (TNUSRB) to combine the TGs, who had opted for female category, along with the vacancies reserved for Women deprives equality to them which is violative of Articles 14 and 16(1) of the Constitution of India," the Court said.
The Court also held that the failure to provide any kind of reservation for the Trans Gender persons in the male category and placing them on par with the general category candidates, is violative of Articles 14 and 16(1) and unconstitutional. The Court held that such action defies the direction in the Supreme Court's NALSA judgment to provide reservation for transgender persons in public employment.
5. Madras High Court Quashes Order Shortening Validity Of Karti Chidambaram's Passport
Case Title: Karti P.Chidambaram v. The Regional Passport Officer
Citation: 2022 LiveLaw (Mad) 83
The Madras High Court has held that when an application is made for the renewal/ re-issue of a passport, the authority cannot shorten the duration or validity of the same without following Sections 7 and 10 of the Passports Act, 1967.
Holding thus, Justice M. Govindaraj directed the Passport Authority to re-issue a passport to Congress MP Karthi P. Chidambaram, which shall be valid for a period for which his passport was otherwise valid
After hearing both parties, the single bench noted that the order shortening the period of validity without following Section 10 or Section 7 of the Act and without recording suitable reasons is not sustainable in law.
Therefore, the court directed the passport office to reissue the passport with the existing period of validity or for 10 years as per Rule 12 of the Rules and Regulations of the International Civil Aviation Organization.
For reaching the said conclusion, the court extensively relied on the Bombay High Court judgment in Narendra K.Ambwani v. Union of India & Ors. (2014).
Case Title: Kannan@ Mannanai Kannan & Ors. v. The State represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 84
Observing that extraction of Section 161(3) of Cr. P.C statement in cross-examination cannot be construed as a substantive piece of evidence, Madurai Bench of Madras High Court has set aside an order of trial court sentencing three murder accused to life sentence. The court iterated that substantive evidence is the evidence tendered by the witnesses on oath during criminal trial.
"...Therefore, mere repeating the statement contained in 161(3) Cr. P.C by the public prosecutor under the pretext of cross-examination of the witness who turned hostile can never be substantive evidence. It is relevant to note that the purpose of treating the witnesses hostile and cross-examination is to get some materials or to unearth truth from the witnesses", the court noted.
The Division Bench of Justices R. Subramanian and N. Sathish Kumar pointed out that the witness statement under Section 161(3) CrPC were put to witnesses during cross examination with a conclusion that the witnesses who turned hostile gave false evidence to exonerate the accused persons.
Case Title: Irfan v. K.S Kumaran & Anr.
Citation: 2022 LiveLaw (Mad) 85
Madras High Court has recently refused to entertain a motor accident claim in which the claimant, a minor, was found driving the motorcycle involved in the accident.
In a strongly-worded judgment, Justice S. Kannamal noted that the claimant who was a minor boy at the time of accident cannot demand compensation from the insurance company when he himself is a tortfeasor.
Though the bench agreed with the claimant's submission that Motor Vehicles Act is intended to be a 'benevolent legislation', it clarified that that in itself would not mean there is an ipso facto applicability in all the cases. In the light of clear insurance policy violation, the court noted that the insurance company is relieved from the responsibility of paying compensation. Therefore, the court upheld the order of Motor Accident Claims Tribunal, Chennai that had rejected the claim in 2017.
Case Title: Rangarajan Narasimhan v. Additional Chief Secretary to Government & Ors
Citation: 2022 LiveLaw (Mad) 86
In a plea for a mandatory dress code to allow entry into temples, Madras High Court has observed that devotees are expected to enter the temple premises in proper dress code.
However, the Court also held that it cannot issue a general direction to all temples to put up signboards prescribing the dress code as suggested by the petitioner.
A division bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy observed that the court cannot 'thrust' opinions on the society. The bench also added that if the customary practice of a certain temple prescribes dress code for entry, then such temple can fix visible sign boards to ensure that dress code is followed and the temples can take regulatory measures to that effect.
"The devotees are expected to enter the temples in proper dress to maintain the sanctity of the temple. It is not for the Courts to venture into unchartered waters and thrust our opinions on society. It is the devotees who should realise that they are entering into a place of worship and they need to adhere to the customs in vogue at such temple, if any", the court observed while issuing directions.
Case Title: O. Selvam & Ors v. The Commissioner of School Education & Ors & Connected Cases
Citation: 2022 LiveLaw (Mad) 87
Madras High Court has recently iterated that when two posts carry equivalent scale of pay and are treated as equal categories under the Rules, the petitioners have no right to claim a particular post as a matter of right or choice.
The Madurai bench of Madras High Court underscored that when the service conditions are not infringed from and out of the administrative transfers effected, the Government employees have no right to claim a specific post as their choice.
Justice S M Subramaniam was hearing a plea made by petitioners who were initially appointed as B.T.Assistants (Bachelor of Teaching) and some others who were promoted as B.T. Assistants from the post of Secondary Grade Teacher. Petitioners belonging to both categories has passed the Deputy Inspector's Test and were qualified to be transferred and appointed as Deputy Inspector of Schools, an equivalent cadre carrying identical pay scale. Since they met the requirements under Special Rules for Tamil Nadu Educational Subordinate Service, they were appointed as Deputy Inspectors.
The petitioners were challenging the 6th January notification by the Joint Director of School Education directing the District level Chief Educational Officers to make administrative transfers and accordingly post these Deputy Inspectors as B.T Assistants by 7th January.
Case Title: D.Balasubramanian v. The Commissioner, HR & CE Department & Ors and Prabhu Nambiappan v. Revenue Divisional Officer, Lalgudi Taluk & Ors.
Citation: 2022 LiveLaw (Mad) 88
Madras High Court has observed that the temple car procession/ festival in Achiramavalli Amman Kovil at Jangamarajapuram cannot be allowed this year since it has the potential to stoke communal tension like in 2021.
The court was hearing two separate writ petitions filed in 2021 and 2022 about the conduct of the Temple/ Car Festival in the Trichy District .
In the common order, the single-judge bench of Justice C. Saravanan added that the reports submitted by the Tahsildar and Deputy Inspector of Police indicated that the temple/car festival was not conducted in a peaceful manner in 2021, which saw partial boycott and pelting of stones, injuring public and police.
Case Title: Immaculate College Of Education For Women v. Pondicherry University & Anr. and Connected Matters
Citation: 2022 LiveLaw (Mad) 89
Madras High Court has dismissed a batch of writ appeals filed against the single judge bench order dated 05.01.2022 in favour of Pondicheryy University collecting University Development Fund paid by students from the Individual colleges.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy observed that the University can demand 'other charges' in addition to the fees stipulated in Section 27(e) Pondicherry University Act,1985. Therefore, the court dismissed the appeal by saying that the demand notices issued to colleges for University Development Fund are not beyond the University's competency since it is covered by Section 5(20) of the Act.
"The appellant counsel referred to Section 27 of the Act by taking note of the subject matters mentioned therein with regards to ordinances and not the powers of the University under Section 5 of the Act", the court pointed out.
The single bench judgment in 2020 had dismissed the plea by the appellant colleges filed in 2010 which challenged the imposition of Rs 1000/- as University Development Fund.
Case Title: M/s Oil and Natural Gas Corporation Ltd., rep.by its Deputy General Manager v. Rajeswari & Ors and Connected Cases
Citation: 2022 LiveLaw (Mad) 90
While upholding the additional compensation per Are granted by a Reference Court under the Land Acquisition Act, 1894 (hereinafter 'Act') , Madras High Court has held that interest for Solatium is a mandatory component as per Section 28 of the Act.
The single Bench of Dr Justice G. Jayachandran was hearing a batch of appeal suits preferred by Oil and Natural Gas Corporation Limited (ONGC) under Section 54 of the Act.
With respect to the interest that must be paid on Solatium, the court observed that there was an omission from the Reference Court since Section 28 of the Act [Collector may be directed to pay interest on excess compensation] and Supreme Court Judgments mandate such interest even if the landowners have not preferred any cross objection or appeal for the interest portion on the solatium.
"...their right to seek interest to solatium in the appeal filed by the third party/Requisition Authority has to be entertained. The cardinal principle in land acquisition is, when a person is deprived of his Constitutional Right to hold property, he must be paid just and fair compensation. Therefore, when the statute prescribes interest to compensation at a particular rate (i.e) 9% p.a., from the date of award, till the date of possession plus one year and at the rate of 15% thereafter, the same has to be applied on the solatium also, as mandated under Section 28 of the Land Acquisition Act, 1894", the court underscored.
Case Title: P. Pugalenthi, Director, Prisoners Rights Forum v. The State of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 91
In a plea seeking direction upon the Directorate of Vigilance and Anti-Corruption to investigate the alleged scam in the supply of stationery articles by the officials of Madurai Central Prison, the Madras High Court has asked the petitioner to seek registration of FIR or to file a private complaint invoking Section 190 of the Criminal Procedure Code.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy observed,
"The prayer has been made to direct the fourth respondent to cause investigation pursuant to the complaint made by the petitioner without realizing that the investigation into the matter can be conducted by the Police or Anti-Corruption Department only after registration of the First Information Report."
The Court was hearing a petition filed by the Director of Prisoners Rights Forum, P. Pugalenthi.
14. IIT-Madras Student Suicide: High Court Quashes FIR Against Protesters From Campus Front Of India
Case Title: Ashraf & Ors. v. State Represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 92
Madras High Court has quashed an FIR registered against some office bearers and members of 'Campus Front of India' who organised a protest in front of IIT-Madras seeking justice for a suicide victim.
Admittedly, the members assembled and protested for arresting the faculty implicated in the suicide note of Fathima Latheef, a first-year Humanities student who hung herself in a ceiling fan in her hostel room in November 2019.
The single bench of Justice A.D Jagadish Chandira observed that no act of violence has occurred during the protest and no untoward incident has taken place, which warrants the quashing of the FIR registered against the protesters.
While allowing the criminal original petition, the court noted as below:
"...admittedly, no violation is reported in this case and the protest has also not ended in any violence. Therefore, this Court, is of the considered view that further proceedings against the petitioners in C.C.No.2962 of 2020 pending on the file of the learned IX Metropolitan Magistrate Court, Saidapet, Chennai is liable to be quashed".
Case Title: T. Akshaya & Ors v. State of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 93
Madras High Court has recently refused to entertain a writ appeal challenging the laying of high tension transmission lines at Sevaganappalli in Krishnagiri, allegedly contravention of distance norms and disregard for potential health hazards.
The appellants argued that the sub-station would be supplying electricity solely to Exide Industries Limited while the State submitted that the project will be equally beneficial to the nearby villages that experience electricity deficit. Apart from challenging the grant of approval by pitting it against Article 14, the writ appellants/ petitioners further submitted that realigning the 110 KV DC lines or laying underground transmission lines like in Gujarat will be a plausible alternative.
About the alternatives proposed by the appellants, the court noted in the judgment that the 'Gujarat Model' cannot be imposed on the Respondent Authorities, especially when 24 towers have already been erected and transmission lines are being laid.
"A reference of Gujarat model has been given, but it cannot be imposed on the respondent authorities because they have wisdom to decide as to whether to go with underground transmission lines or overhead lines. This court cannot thrust the opinion of the appellants upon the respondents to go for underground transmission lines for the remaining towers...", the court noted.
Case Title: S. Meena & Anr. v. Sivakumar & Ors.
Citation: 2022 LiveLaw (Mad) 94
While dismissing an appeal suit filed by a woman claiming 1/7th share for herself and her son in the ancestral property of her deceased husband's family, Madras High Court has underscored that the factum of marriage cannot be inferred from a single photograph where both are seen together.
The single-judge bench of Justice G. Jayachandran added that though the courts should generally 'lean upon legitimacy and frown upon bastardy' [as laid down in Badri Prasad v. Dy. Director of Consolidation and others] it can also not consider a deceased person as responsible for the birth of the minor appellant. Attempts made to obtain the property of a deceased person by claiming parentage must be equally frowned upon, the court remarked.
Before the bench, an appeal suit under Section 96 CPC was filed by submitting that the appellants are the widow and son of one late Sakthivel. They contended that they are the legal heirs of Sakthivel, and therefore, they are legally entitled to 1/7th share in the ancestral property jointly held by defendants who are the brothers, mother and father of the deceased Sakthivel.
"The factum of marriage and long cohabitation are not matters, which can be inferred through a single photograph, where a male and female are seen together. More so, when only the positive is filed without negative and the person, who took the photograph not examined. The Ex.A-1, the photograph is in colour and new...", the court said while clarifying that the photo and the CD that contains the photograph will not be admissible in evidence.
17. Madras HC Holds Execution Petition Over Beneficial Ownership Of Award Debtor In Shares Held Ostensibly By Third Parties Maintainable
Case Title: Pueblo Holdings Limited v. Emirates Trading Agency LLC & Ors.
Citation: 2022 LiveLaw (Mad) 95
Madras High Court has recently held that the execution petition filed by a company incorporated in the Republic of Marshall Islands, in pursuance of a foreign arbitral award in its favour, against another company with its registered office in Dubai is maintainable before it.
The single-judge bench of Justice Senthilkumar Ramamoorthy has held that the consecutive third execution petition filed by Award Holder, Pueblo Holdings Limited, seeking the enforcement of the decree against UAE based Award Debtor, Emirates Trading Agency LLC, by attaching the assets held ostensibly by third parties in the prominently Chennai based ETA Group is maintainable.
Case Title: N. Rahul Kumar v. Central Bureau of Investigation & Ors.
Citation: 2022 LiveLaw (Mad) 96
Madras High Court has recently iterated that when two posts carry equivalent scale of pay and are treated as equal categories under the Rules, the petitioners have no right to claim a particular post as a matter of right or choice.
The Madurai bench of Madras High Court underscored that when the service conditions are not infringed from and out of the administrative transfers effected, the Government employees have no right to claim a specific post as their choice.
Justice S M Subramaniam was hearing a plea made by petitioners who were initially appointed as B.T.Assistants (Bachelor of Teaching) and some others who were promoted as B.T. Assistants from the post of Secondary Grade Teacher. Petitioners belonging to both categories has passed the Deputy Inspector's Test and were qualified to be transferred and appointed as Deputy Inspector of Schools, an equivalent cadre carrying identical pay scale. Since they met the requirements under Special Rules for Tamil Nadu Educational Subordinate Service, they were appointed as Deputy Inspectors.
The petitioners were challenging the 6th January notification by the Joint Director of School Education directing the District level Chief Educational Officers to make administrative transfers and accordingly post these Deputy Inspectors as B.T Assistants by 7th January.
Case Title: Air India Corporation Employees Union v. Union of India & Ors. & Connected Matters
Citation: 2022 LiveLaw (Mad) 97
Madras High Court has dismissed a plea filed by the Air Corporation Employees Union challenging Air India disinvestment, who feared that certain terms and conditions of service enjoyed by the employees under the erstwhile public sector management will be severely affected.
"Considering the fact that Air India Ltd prior to the disinvestment initiative was a sinking company, a fortuitous transformation has happened for their own good. In the opinion of this Court, various conditions of service under the SPA are the best that the Government could wrangle out from the fourth respondent towards ensuring protection of the employees' interest. Therefore, the employees conjecturing they have been treated unfairly and unjustly is misplaced and misconceived", Justice V. Parthiban observed.
On the Petitioner's apprehension regarding alteration of service conditions, the Bench said,
"...Any decision concerning the service conditions would obviously be taken within the framework of the existing laws on the subject. In case of any infraction, deviation or violation of any existing laws, the employees always have a recourse to judicial mechanisms. This Court, therefore, need not assume any advisory role in emphasizing the sacrosanct legal position as every private or public entity is mandated to act in accordance with law."
Case Title: M/s. V.R.S. Traders Versus Assistant Commissioner (State Taxes)
Citation: 2022 LiveLaw (Mad) 98
The Madras High Court has held that the DRC-01 notice under Section 74(1) of the CGST Act must be issued before passing the assessment order.
The single bench of Justice R. Suresh Kumar has remitted the after back to the respondent/department for reconsideration and directed that the department to issue DRC-01 notice to the petitioner and after giving a fair opportunity of being heard to the petitioner/assessee, necessary orders shall be passed with regard to the assessment.
If any taxpayer has to pay tax, interest and penalty under sub-section (1) of section 73 or 74 of the CGST Act then, the authorised officer should first communicate the details of the tax, interest and penalty ascertained in Form GST DRC-01A to the taxpayer.
Case Title: D.S. Radhika v. The State Represented By Secretary to Government & Ors.
Citation: 2022 LiveLaw (Mad) 99
Madras High Court has criticised the public servants who utilise mobile phones and cameras during office hours unnecessarily and directed the Government authorities to frame regulations in line with the Tamil Nadu Government Servants' Conduct Rules, 1973.
Justice S.M Subramaniam of the Madurai Bench was hearing a plea made by a Superintendent in the Tiruchirapalli Regional Workshop (Health) who wanted a direction to revoke her suspension and quash the order passed by the Director, Tamil Nadu State Health Transport Department.
Since the respondent state authorities made a submission that most of the public servants are using mobile phones and cameras in government offices, the court wondered if the employees are performing their duties and responsibilities as expected of them.
"...If such indiscipline and misconduct are allowed to be continued, no doubt, they are committing the greatest sin to the public by getting tax payers' money as huge salary. Therefore, the Government is duty-bound to ensure that the public servants are not wandering with mobile phones inside the office during office hours and it is to be regulated in accordance with the Tamil Nadu Government Servants' Conduct Rules, 1973", the court underscored in the order.
Case Title: P. Kannan v. The Commissioner of Municipal Administration & Ors., D. Sekar v. The Assistant Director of Survey and Land Records, Kancheepuram
Citation: 2022 LiveLaw (Mad) 100
Madras High Court has held that Supreme Court has not laid down any absolute proposition of law that suspension of an employee cannot continue beyond three months in the absence of serving the charge sheet within that time, or if the charge-sheet is served without reasoned order of extension.
The full bench of Chief Justice Munishwar Nath Bhandari, Justice D. Bharatha Chakravarthy and Justice V. Bharathidasan concluded that the apex court case relied on by the suspended employee, Ajay Kumar Choudhary v. Union of India (2015), would not apply and the order of suspension should be analysed based on the facts of each case, rules applicable and the gravity of charges etc.
23. Visible Collusion With Investigating Officer': Madras High Court Quashes Appointment Of Government Pleader Accused Of Giving Death Threats
Case Title: M.A.M Raja v. The Special Personal Assistant to Minister for Law & Ors.
Citation: 2022 LiveLaw (Mad) 101
Concluding that there has been visible collusion between the investigating officer and an advocate who was accused in a criminal case, Madras High Court has set aside the appointment of the latter as a Government Pleader for a District Munsif Court in Periyakulam.
Justice S.M Subramaniam observed that constitutional courts have time and again repeated that public posts are to be filled up only with women and men of integrity and honesty. Therefore, the single judge bench expressed its strong disapproval about the conduct of the investigating officer and the respondent government pleader.
"To cover up the misdeeds, the Police has conducted a corrupt investigation and deleted the name of the sixth respondent from the charge sheet without assigning any reason", the court noted.
24. 'Not A Flight Risk, No Concrete Evidence For Coercive Action': Madras High Court Quashes Look Out Circular Against Rahul Surana
Case Title: Rahul Surana v. The Serious Fraud Investigation Office & Ors.
Citation: 2022 LiveLaw (Mad) 102
Madras High Court has quashed a Look Out Circular (LOC) issued against Rahul Surana, son of the Managing Director of Surana Industries Limited.
Dr Justice Anita Sumanth opined that the Serious Fraud Investigation Office (SFIO) on whose approval the Bureau of Immigration issued a LOC in December 2020 couldn't satisfy the settled parameters for issuing the same, let alone its extension.
Relying on Karthi P Chidambaram v. Bureau of Immigration (2018), the court observed that the respondent authorities have not placed any material justifying the extension of the Look Out Notice. The investigating agency only mentions prima facie materials and no concrete evidence has been placed to take coercive action in the nature of a Look Out Circular according to the court. The court also pointed out that there are no proceedings against Rahul Surana so as to implicate him in a criminal court or any other fora. Therefore, the court noted in the order as below:
"No material is placed before the Court in support of the bald assertion that the petitioner is a flight risk and as a consequence, there is no tangible material available, admittedly, to deny the petitioner of his Fundamental Right."
The court also referred to the submissions made by CBI that there are no ongoing investigations against him. The single-judge bench also took note of the fact that the petitioner has not evaded any summons demanding his appearance till date.
25. 'Temples May File A Civil Suit Or Invoke Provisions Of HR & CE Act To Evict Tenant': Madras High Court Reiterates
Case Title: M. Selvaraj v. Arulmigu Arunachaleswarar Thirukkoil
Citation: 2022 LiveLaw (Mad) 103
Madras High Court has reiterated that it is open to the temples to avail the common law remedy by filing a regular suit or invoking Section 78 of the HR & CE Act for the eviction of a tenant.
The single bench of Justice N. Anand Venkatesh observed that the substantial question of law is no longer res integra in light of the judgment in A.N. Kumar v. Arulmighu Arunachaleswarar Devasthanam Thiruvannamalai & Ors. (2011). In the said case law, it was clarified that the bar under Section 108 of the HR & CE Act for instituting civil suits will not apply for eviction of the lessee without resorting to Section 78 of the Act.
Case Title: O. Panneerselvam v. P. Milany & Ors.
Citation: 2022 LiveLaw (Mad) 104
Madras High Court has rejected an election petition filed for declaring the election of O. Panneerselvam from Bodinayakanur Legislative Assembly constituency as null and void. An application was filed by Panneerselvam before Madras High Court against the election petition filed by P. Milany, a voter in the constituency.
The election petition had alleged that the AIADMK Candidate and the former Chief Minister of Tamil Nadu had suppressed material facts and failed to disclose the assets and liabilities of his wife, P. Vijayalakshmi, at the time of filing the nomination papers. On these grounds, the petitioner submitted that there has been non-compliance of the provisions of Sections 33 and 33A of the Representation of People Act, 1951 (hereinafter the 'Act') r/w Rule 4A of the Conduct of Election Rules, 1961. It was also added that the election of the former CM must be cancelled since the affidavit furnished in Form 26 did not contain the full particulars that must have been there.
Justice V. Bharathidasan noted that the principles laid down in Hari Shanker Jain v. Sonia Gandhi (2001) and Ram Sukh Vs. Dinesh Aggarwal (2009) would apply in the case at hand and noted in the order that the election petition does not disclose a cause of action regarding suppression of material particulars.
27. Madras High Court Issues Directions In Suo Motu Petition Regarding Motor Accident Fund Misappropriation
Case Title: Suo Motu W.P. No. 12935 of 2021
Citation: 2022 LiveLaw (Mad) 105
While pronouncing orders in a Suo Motu writ petition, the Madras High Court bench of Justice P.N Prakash and Justice Abdul Quddhose made a series of directions to be followed by the Motor Accident Claims Tribunals (MACT) in the state. The court also made suggestions to the Chief Justice and requests to the portfolio judges to issue appropriate directions to put in motion these suggestions.
The petition was for directing the respondents - Registrar General, Additional Registrar (Inspection) and State Bank of India to audit the motor accident cases funds in all districts, lodge criminal complaints against recalcitrant officials and monitor the investigation in the matters.
From the inputs received, the court was satisfied that practitioners in the MCOP jurisprudence operate in delineated specific turfs and would not brook encroachment by anyone.
It was also found that the practitioners were not alone in this misadventure and were assisted by court staff and sometimes even judicial officers.
"MCOP jurisprudence is a gold mine as well a mine field and attempts to clean the Augean stables earlier by various Benches of this Court had not yielded the desired results", the court observed.
28. Notice To Accused Not Necessary For Freezing Bank Account Under Section 102 CrPC: Madras High Court
Case Title: Kiruthika v. The State Represented By Inspector of Police & Anr.
Citation: 2022 LiveLaw (Mad) 106
The Madras High Court has dismissed a plea made by the wife of controversial PUBG gamer Madan seeking the defreezing of her bank account at Axis Bank Limited.
Justice M. Nirmal Kumar observed that there are far-ranging allegations against both the accused, including misappropriation of funds collected in the name of Covid Relief and making revenue from the live streaming of PUBG gaming videos with obscene commentary and filthy language against women and teenage subscribers.
The court noted that the bank had acknowledged the freezing of the account of the accused to the police by a letter on 15th June, 2021. It was produced and submitted to the magistrate when Kiruthika was remanded on 16th June.
About informing the petitioner about the freezing of accounts, the court noted that there is no such mandate in the statutory provisions. Relying On Teesta Atul Setalvad v. State of Gujarat (2017), the court remarked that Section 102 Cr.P.C. does not stipulate issuance of any notice to the account holder. For the purpose of investigation, no notice to the suspect can be expected under law, the court added.
29. Court Cannot Act As Post Office To Collect And Exchange Information: Madras High Court
Case Title: S.P Muthu Raman v. The Joint Secretary & Anr
Citation: 2022 LiveLaw (Mad) 107
The Madras High Court bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy were hearing a petition for directing the Joint Secretary of Department of Personnel and Training and the Secretary of Department of Post to pass appropriate orders giving effect to the recommendations made by the Central Information Commission in 2013.
One of the recommendations made by the commission was to affix postal stamps on the RTI applications in the place of Indian Postal Order or Demand Draft.
The court however found no merits in the petition and dismissed the same. The court stated that the Commission has made only recommendations that cannot by any stretch be taken as a statute so as to give effect. It also stated that only after certain modifications are made in the statutory provisions that the recommendations can be challenged.
The court was also unsatisfied with the fact that the petitioner chose to sleep on these recommendations for almost nine years and has only now filed a petition. The petition is also silent regarding the reason for the delay. The court also highlighted the fact that the petitioner had not tried to find out as to what action was taken by the appropriate authority with regard to these recommendations.
Case Title: Dr. Esther, MBBS, DGO v. State of Tamil Nadu & Ors
Citation: 2022 LiveLaw (Mad) 108
Madras High Court has observed that the Governor alone can execrcise the power conferred for granting premature release of a prisoner under Article Article 161 of the Constitution, upon advice rendered by the State Cabinet.
A bench of Justices P.N. Prakash and A.A. Nakkiran refused to reconsider the plea made by Dr Esther, mother of the John David, convicted prisoner in the 1996 infamous murder of Pon Navarasu, for premature release. John David was the prime accused in the murder of Pon Navarasu, a first-year MBBS Student in Annamalai University and the son of Madras University's former Vice-Chancellor. The public outcry after the heinous murder paved way for the first state legislation criminalising ragging in educational institutions, i.e, Tamil Nadu Prohibition of Ragging Act, 1997.
"The State Level Committee which is composed of the Inspector General of Prisons and the Deputy Inspector General of Prisons (Headquarters) can only recommend a case to the State Government and cannot exercise the power under Article 161 of the Constitution of India. The Governor of the State would exercise the power under Article 161, ibid., on the recommendation of the Cabinet. Thus, the Cabinet has the authority to accept or reject the recommendation of the State Level Committee and accordingly, give their advice to the Governor."
The court also observed that it cannot interfere with the Government Order under Article 226 since it does have any powers under Article 142, like the Supreme Court.
Case Title: L. Ponnammal v. Union of India
Citation: 2022 LiveLaw (Mad) 109
The Madras High Court has dismissed a lea challenging the amendments brought in by the Finance Act 2021 and the subsequent amendments made in the LIC Act 1956 which provided for the disinvestment of the Life Insurance Corporation.
The bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy held that the challenge was made to the amendments by way of Article 110 of the constitution without challenging the certificate issued by the Speaker of the House. Further, the procedure for certifying the Finance Bill as a money bill have been duly complied with and therefore there is no constitutional illegality.
The court also highlighted that the word "only" used in the definition of Money Bill has to be read along with Article 110(1) (g) of the constitution which provides for any matter incidental to any of the matters specified in (a) to (f) of Article 110(1) and therefore should not be given a narrow meaning.
"The intrusion or inference to the implementation of a public interest policy by way of legislation should be eschewed, as it directly impacts the economic growth of the country and interference therein may have far reaching consequences, because the receipt of money into the Consolidated Fund of India is to be used for the development of the country." the court added.
Case Title: Maxworth Orchards (India) Limited & Anr. v. T. Mohan & Ors
Citation: 2022 LiveLaw (Mad) 110
in a matter pertaining to th ewinding up of Maxworth Orchards (India) Limited, the Madras High Court has ordered an absolute interim injunction on the deletion of certain properties, for which the employees of Maxworth Orchards (India) Limited are PoA holders, from the auction sale process.
The single-judge bench of Justice Senthilkumar Ramamoorthy also placed an interim stay of the confirmation of the sale in respect of the properties for a period of eight weeks. The court also noted there is insufficient evidence to apply Sections 536 and 537 of the Companies Act and set aside the registered sale deeds in summary proceedings.
The dispute arose when two persons alleged that they had purchased the properties from the original owners in bona fide transactions. The alleged purchasers had also placed a challenge against Maxworth's claim on the title to these properties on the basis of Power of Attorneys (PoAs).
"From the PoAs, it is evident that the agent was authorised to sell the lands and receive consideration. A few receipts in respect of payment of consideration are also on record. Pursuant thereto, two sale deeds dated 17.07.1996 are on record, which indicate that the lands were sold by Maxworth through the PoAs to its customers", the court inferred.
However, the court concluded that there aren't enough relevant documents to infer that the immovable properties whose alienation is challenged by Maxworth are actually the assets of Maxworth.
Case Title: P. Subburaj v. The Principal Secretary, Housing & Urban Development Department & Anr.
Citation: 2022 LiveLaw (Mad) 111
The Madras High Court has tabled a proposition to frame a scheme for allotment of houses in public quota on rental basis.
Justice Krishnan Ramasamy has directed the Tamil Nadu Housing Board and State Government to frame a scheme in consultation with the Tamil Nadu & Puducherry Bar Council for reserving a certain percentage of residential accommodations in public quota by giving preference to practicing young lawyers until a prescribed age. the court also recommended another alternative to consider the financial status of advocate and give them residential accommodation for a limited number of years on rental basis.
The court was considering a petition filed by a former President of District Consumer Redressal Forum who was still not able to own a house and was applying for allotment of residential accommodation under public quota which was initially rejected.
Relying on the judgement of T. Sornapandian & Others v. The Principal Secretary to Government, Housing & Urban Development (HB(2) HB5(2)) Department, Chennai & Others (2019), the court remarked that there are no hard and fast rule about to whom the residential accommodation should be allotted under 'public quota'.
The court also discussed the plight of young Advocates coming from irregular income group and also highlighted the vital role played by young practicing advocates in assisting court and rendering justice.
Case Title: Meenava Thanthai K.R.Selvaraj Kumar Meenavar Nala Sangam v. National Green Tribunal, Principal Bench & Anr.
Citation: 2022 LiveLaw (Mad) 112
The Madras High court bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy recently dismissed for non prosecution, a plea challenging the NGT Office Order which mandated that Pan India matters should be heard by the Principal Bench at New Delhi.
The plea was filed to quash the Office Order issued by Registrar General of the Principal Bench of the National Green Tribunal (NGT) directing that suo motu matters having pan-India or inter-state implications will be henceforth listed before the Principal Bench of at least three members.
Case Title: R.R Saravana Balagursamy v. The Superintendent of Police and Ors
Citation: 2022 LiveLaw (Mad) 113
The Madras High Court has observed that instead of repeated orders of the Supreme Courts and the High Courts, the Police Department is not equipped with CCTV Cameras to store the footage for at least a period of one year. This defeats the purpose for which the cameras are installed. The court also suggested storage points for keeping the CCTV footage at least for a minimum period of one year.
Justice S.M Subramaniam also took note of the fact that a number of writ petitions are being filed seeking initiation of action against public servants including police officials and a solution should be found.
Case Title: The Divisional Manager, TATA AIG General Insurance Company Limited v. A.C. Jagadeesann & Anr
Citation: 2022 LiveLaw (Mad) 114
The Madras High Court has highlighted that the deceased/ injured in a motor accident claim must be a third party to maintain a claim under Section 163A of the Motor Vehicles Act, 1988.
Justice P.T. Asha noted that an application under Section 163A of the Act against the Insurance Company of the vehicle driven by the injured/ deceased himself/herself/themselves is liable to be disimissed.
The court also held that usually the claimant does not have to establish the negligence of the owner of the vehicle which resulted in death or permanent disablement However, when the claimant himself was driving the borrowed vehicle that was insured. In such an instance, he would step into the shoes of the owner of a vehicle.
Case Title: SC Raja Rajeshwari v. The State of Tamil Nadu and Ors.
Citation: 2022 LiveLaw (Mad) 115
Justice Krishnan Ramaswamy of Madras High Court recently allowed petitions filed by two students of Madha Dental College seeking similar reliefs against the college - to direct the college to issue course completion certificate and to permit the students to complete their internship/receive certificate without fail.
The court, satisfied that the college had manipulated the attendance registers of the students to get orders in their favour, condemned the act of college and directed it to pay a penalty of Rs. 3 crore to the university. The university was directed to utilize this fund for the purpose of providing scholarship to the poor students those who are undergoing BDS/MDS course under any existing Scheme. In the absence of such schemes, the university was directed to frame new schemes.
The court had also directed the college to pay a sum of Rs. 24 lakhs each to the students for depriving their opportunity to become dentists and to refund the excess fee collected from them with interest at 18% p.a.
Case Title: S. Ganeshan v. State Represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 116
Madras High Court has held that the bar under Section 33(5) of the POCSO Act against recalling a child (minor victim) is not applicable after such victim attains majority.
Justice A.D Jagdish Chandra, while allowing the petitioner-accused's plea held that the victim is now 21 years old and she will not fall within the definition of "child" so as to invoke Section 33(5) of the POCSO Act, 2012. Section 33(5) of the Act only mandates that the child witness cannot be called repeatedly to testify in the Court.
The court also relied on decision of Apex Court in Godrej Pacific Tech. Ltd. v. Computer Joint India Ltd. (2017) and noted that it is mandatory for a court under Section 311 CrpC to recall witnesses for further cross-examination if their evidence appears to be essential for just decision of the case. the court also highlighted that the child's right under Section 33(5) of the POCSO Act has to be balanced with the right of the accused.
Case Title: Krishnamoorthy v. State Represented by Inspector of Police & Connected Matters
Citation: 2022 LiveLaw (Mad) 117
Justice A.D Jagdish Chandira recently lamented on the current pace of environmental deterioration and opined that it is society's collective responsibility to leave the planet in a better shape for future generations.
The court was dealing with a batch of pleas made for return of seized vehicles involved in illegal sand mining cases. The court noted that these vehicles are used for similar offences once released. The court also noted that the perennial rivers that were carrying clean water have now been converted into drainage channels for carrying effluents. The court issued direction for the conclusion of confiscation proceedings already initiated within 6 months.
Case Title: Malliga v. P. Kumaran
Citation: 2022 LiveLaw (Mad) 118
Madras High Court has held that a Will cannot be admitted in evidence unless it complies with the conditions laid down in Section 68 of the Evidence Act, even if the execution of the document is expressly admitted or not specifically denied by the opposite party.
Justice N. Anand Venkatesh observed that the mandate of calling at least one attesting witness for the purpose of proving execution cannot be diluted. the court further added that Section 68 only excepts examining an attesting witness for the proof of execution of any document that requires to be attested under law, not being a will, if its execution is not specifically denied by the person who appears to have executed the document.
41. Even If 'GOD' Encroaches Upon Public Space, Will Order Its Removal: Madras High Court
Case Title: Arulmighu Palapattarai Mariamman Tirukoil v. Pappayee & Ors.
Citation: 2022 LiveLaw (Mad) 119
The Madras High Court has observed that "even if GOD encroaches upon public space, Courts will direct removal of such encroachments". The court stated that it is not concerned by 'who or in what name' the encroachment takes place and that public interest and rule of law must be safeguarded and upheld.
Justice N. Anand Venkatesh was hearing an appeal filed by temple against the order of lower court restraining it from putting up construction in Mariamman Koil Street.
The court was also critical of the stand taken by respondent Municipality who refused to interfere with the encroachments by stating that the Government was in control of the street since it was a puramboke land. The bench reiterated that such hyper technical pleas wouldn't whitewash the public wrong committed by the temple.
Case Title: K. Umadevi v. Government of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 120
Justice V Parthiban of the Madras High Court has held that there is no cap on the number of deliveries for grant of maternity benefits under the Maternity Benefits Act. The only differentiation is on the period of maternity benefit available. For a woman employee having less that two surviving children, the maximum period of benefit is 26 wees while for a woman having more than two surviving children, the benefit is restricted to 12 weeks.
Relying on Madras High Court judgment in N.Mohammed Mohideen & Anr vs. Deputy Commissioner of Labour (Inspection) Chennai, (2008), the court observed that as long as Article 42 of the Constitution read with the provisions of the M.B. Act, 1961, is available, every female worker covered by the Act is entitled to claim maternity benefit without any ceiling on the number of deliveries made by them. The court also mentioned a High Court judgment in Ruksana v. State of Haryana (2011) and noted that Maternity Benefit Act would have an overriding effect over any service rules.
Case Title: State rep by The Deputy Superintendent of Police, CB CID v. A Sivakumar & Ors
Citation: 2022 LiveLaw (Mad) 121
The Madras High Court has directed the Magistrate to issue Non-Bailable Warrant against the absconding accused police officials who were evading arrest in an extortion case.
Justice A.D Jagdish Chandra, while passing the order also added that:
"As stated above, the accused in the case are evading arrest and the only course left open to the Investigating Officer to ensure their presence, would be to seek the Magistrate to invoke his power under Section 73 of Cr.P.C. and only thereafter can proceed with the other procedures of proclamation and attachment. In such an eventuality, there is no bar for the Magistrate to legitimately exercise his power under Section 73 of Cr.P.C for the person to be apprehended during investigation since the respondents are accused of Non-Bailable offence and are evading arrest"
Case Title: M/s.MNS Enterprises Versus The Additional Director General Directorate of GST Intelligence
Citation: 2022 LiveLaw (Mad) 122
The Madras High Court bench of Justice C. Saravanan refused to grant a refund of the amount lying in the assessee's electronic cash ledger on the grounds that there were serious allegations against the assessee for having an availed fraudulent input tax credit (ITC) in the electronic credit ledger on the strength of a bogus and fictitious input tax invoice for discharging GST liability with no supply.
The court relied on the decision of the Supreme Court in the case of State of Uttar Pradesh Vs. Singhara Singh and Others, in which it was held that when the law mandates a particular thing to be done in a particular manner, then it has to be done in the aforesaid manner. Therefore, the amount that has been deposited into the Electronic Liability Register of the petitioner by the petitioner's customer or client cannot be ordered to be refunded directly. The deposit into the electronic cash ledger of the petitioner can be made not only by the petitioner, but also by any other person on behalf of the petitioner. This is evident from a reading of Section 49 of the CGST Act, 2017 read with Rule 86 of the CGST Rules, 2017.
Case Title: M/s.Tamil Nadu State Marketing Corporation Ltd v. Additional/Joint/Deputy/Asst Commissioner of Income-tax & Anr.
Citation: 2022 LiveLaw (Mad) 123
Madras High Court has held that the writ petition filed by Tamil Nadu State Marketing Corporation Ltd challenging the Assessment Order for the year 2015-16 is not maintainable. The court also clarified that the current order only touches upon the maintainability of the writ petition in reference to the notice under Section 148 of the Income Tax Act and the objections thereupon, and not the merits of the case.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy concurred with the decision in GKN Driveshafts (India) Ltd v. ITO (2002) and that when a notice under Section 148 of the Act is given, the proper course of action for the assessee is to file a return. The assessee can also seek reasons for issuing the notice. Then, the assessing authority should give reasons for reopening the assessment. When the reasons are received by the assessee, he can file his objections to the said notice. If that's done, then the assessing officer is bound to dispose of the same by passing a speaking order.
Case Title: S.P. Velayutham Versus The Assistant Commissioner Of Income Tax, Chennai
Citation: 2022 LiveLaw (Mad) 124
The Madras High Court has ruled that prosecution under Section 276C (2) of the Income Tax Act for wilfully attempting to evade payment of tax cannot be initiated against an assessee who merely defaults to pay tax on time under the Act.
The Single Bench of Justice N. Sathish Kumar held that in the absence of mens rea to avoid payment of tax, a "wilful attempt" to evade tax cannot be attributed to assessee in order to prosecute him under Section 276C (2).
The High Court held that wilful attempt to evade tax cannot be attributed to Assessee in order to prosecute him under Section 276C (2) for mere default on payment of tax in time. The Court added that to prosecute a person for penal action, the penal provisions have to be strictly construed. Also, the Court ruled that only when the circumstances and the conduct of the accused showed a wilful attempt to evade tax or the payment of tax, prosecution under Section 276C(2) could be launched. The Court added that the word "wilful attempt" could not be inferred merely on failure to pay tax in time in the absence of any intention, deliberate attempt or mens rea to avoid the payment of tax.
Case Title: Shri. Ahmed A.R.Buhari, S/o.Shri.Abdul Rahman Buhary Seyed v. The Assistant Director, Directorate of Enforcement
Citation: 2022 LiveLaw (Mad) 125
Madras High Court has refused to grant bail to Ahmed A.R Buhari, director and promoter of M/s Coastal Energen Private Limited (CEPL), accused of the offence under Section 3 of the Prevention of Money Laundering Act, 2002.
Justice G. Jayachandran noted that the principle of 'bail being the rule and jail being the exception' is not entirely applicable in special legislations like PMLA, NDPS Act etc. where 'Jail becomes the rule and bail becomes the exception' based on the gravity of offences committed.
"...Whether such classification is reasonable or not is the question primarily now subject matter pending before of the Apex Court. Till verdict is pronounced, as the Division Bench of this Court has observed in N.Umashankar & others -vs- The Assistant Director, Directorate ofEnforcement, Government of India, Chennai(2022)...., the constitutional validity of Section 45(1) of PMLA, 2002 found in the statute has to be held valid", the court clarified.
Case Title: Mr.G.Nagaiyan & Anr. v. Mr. K. Palanivel
Citation: 2022 LiveLaw (Mad) 126
Madras High Court has evoked the 'doctrine of approbate and reprobate' to hold that a party cannot claim a right over a property when he had obtained another Decree from the competent Civil Court on the ground that no right or title was conveyed to him under the sale deed.
Justice N. Anand Venkatesh observed that the defendant party claiming right over the schedule property cannot take two contradictory stands before two different authorities/ courts. The judge observed that the position is well settled by the Indian Courts and foreign courts as well.
Case Title: M. Gowrishankar v. The Deputy Manager (SME) & Ors.
Citation: 2022 LiveLaw (Mad) 127
The Madras High Court has recently directed reinstatement of a workman, working with a bank and belonging to the Scheduled Caste Community, who was dismissed from service after an incident of hanging Dr. BR Ambedkar's photo in the Bank premises, without prior permission.
The bench of Justice M. Duraiswamy and Justice J. Sathya Narayana Prasad held that the Single Judge had wrongly interpreted that the Central Government Industrial Tribunal had interfered with the punishment of removal from service solely on the ground of sympathy. The tribunal had in fact exercised power under Section 11A of the Industrial Dispute Act, 1947.
The court also stated that the charges levelled against the appellant/workman will amount to a minor misconduct as per clause 7 of the Bank Settlement and warrants the punishment mentioned in the settlement. He did not face the charges of grave misconduct, which warrants the punishment of removal from service as contented by the bank.
Case Title: Pastor Muniyandi @ Ramesh & Ors. v. State Represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 128
Madras High Court has commuted the life sentence of three accused including a pastor involved in the acts of kidnapping, marrying and sexually assaulting a Class X Student.
Justices P.N Prakash and A. A Nakkiran took note of a particular submission by A2 and A3 that they were unaware of the age of the victim and genuinely believed her to be over 18 years. The court, however, observed that though the argument appears to be 'a little convincing' at the first blush, the cross-examination of the victim has revealed that she was in a school uniform when taken to the houses of accussed.
Life imprisonment imposed on Vijayakumar-A1 under Section 6 of the POCSO Act [Punishment for aggravated penetrative sexual assault] was reduced to 14 years rigorous imprisonment, without any remission benefits. Life imprisonment imposed on Pastor Muniyandi-A2 and Joseph Raja-A3 under Section 6 R/w Section 17 of the POCSO Act was reduced to 10 years of rigorous imprisonment. The court also made it clear that the sentences imposed under IPC and Prohibition of Child Marriage Act, along with the sentence of fine and the default clause imposed by the trial Court on all the appellants will remain unaltered.
Case Name: Cannou Parimala Rani @ Mary Rosay Parimala Rani v. Ilamathy and Ors
Citation: 2022 LiveLaw (Mad) 129
The Madras High Court has held that the rule of res judicata prevents the parties to a judicial determination from litigating the same question again.
Justice N Anand Venkatesh made the above remarks while considering a Second Appeal filed under Section 100 of the CPC against a judgment and decree passed by the II Additional District Judge, Pondicherry confirming the Judgement and Decree passed by the Principal Sub-Judge, Pondicherry.
With respect to the rights of the purchasers pendente lite, the court observed that they cannot get any additional right than what their vendor possessed. Order 21 Rule 98(2) r/w Order 21 Rule 102 clearly bars a pendente lite transferee from resisting or obstructing the execution of a decree of the possession of the immoveable property.
The court further went on to impose compensatory cost for the false and vexatious claims and also for causing such a humongous delay in keeping the proceedings pending for more than four decades.
Case Title - A. Ganesan v. Javeed Hussain (died) and Ors.
Citation - 2022 LiveLaw (Mad) 130
The Madras High Court bench of Justice N Anand Venkatesh disposed off a second appeal holding that the cause of action ceases to exist and no substantial question of law was involved.
The case was with respect to issuance of license by the corporation to run a flower shop. During the course of the appeal, the respondent had died and his legal heirs were impleaded.
The court identified that all the allegations of interference with possession and enjoyment of suit property were made against the first defendant in his individual capacity. The court then went on to analyse the principle of Actio personalis moritur cum persona.
In the present case, since licence was granted by the municipality specifically in the name of the first defendant to run flower business, the license comes to an end with the death of the allottee. Such a right is not heritable. Therefore, the allegation of the plaintiff confines itself to the first defendant and on his death, the cause of action automatically dies.
53.Madras High Court Directs Youth Involved In Illegal Bike Racing To Assist In Hospital's Trauma Ward
Case Title: L Praveen v. State represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 131
The Madras High Court has directed the accused in an illegal bike riding case to assist the ward boys in the trauma ward of Stanley Hospital, Chennai and to submit one page daily reports.
Justice G Jayachandran passed the above orders in a bail petition filed by the accused L. Praveen. The court also directed the accused to furnish security of Rs. 30,000 with two sureties along with other bail conditions.
The court also discussed the rash and negligent manner in which the youngsters were driving in the country and also how the pillion riders were also a part of this. However, the Court was of the view that detention of the Petitioner is not necessary and he may be enlarged on bail, subject to certain conditions.
54. Madras High Court Quashes Defamation Petition Against Edappadi Palanisamy And O Panneerselvam
Case Title: Edappadi K. Palanisamy and Anr v. Va Pugazhendi
Citation: 2022 LiveLaw (Mad) 132
The Madras High Court quashed the defamation proceedings against Edappadi K. Palanisamy and O. Panneerselvam on the file of Additional Special Court for Trial of Criminal Cases related to Elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai.
Justice M Nirmal Kumar, while allowing the petition held that there was no material or reason to proceed against the petitioners, and that further continuation of proceeding is nothing but abuse of process of law.
The court was not satisfied with the submissions made by the respondents and held that the disciplinary actions are usually communicated to the party members through media and that the expulsion letters were issued in a usual format, the court allowed the petition and quashed the defamatory proceedings.
55.Madras High Court Quashes Suspension Of Former ABVP President Dr. Subbiah Shanmugham
Case Title: Dr. S. Subbiah v. The State of Tamil Nadu rep by Secretary and anr
Citation: 2022 LiveLaw (Mad) 133
The Madras High Court on Thursday quashed the order of suspension of former ABVP President Dr. Subbiah Shanmugham, Government Surgical Oncologist for alleged association with a political organisation.
The bench of Justice D. Krishnakumar further directed the Tamil Nadu Government to complete the departmental enquiry against Dr. Subbiah within a period of 12 weeks. The Court also directed Dr. Subbiah to extend cooperation to the enquiry proceedings.
Holding that the order was passed by an imcompetent authority, the court considered Rule 13 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and stated that when the Act prescribes the particular body to exercise a power, it must be exercised only by that body. It cannot be exercised by others unless it is delegated. The court further held that the respondents could not prove that the state had delegated the power to the Director to issue the suspension order.
56.Uncondonable Delay Cannot Be Condoned In A Routine Manner: Madras High Court
Case Title: T.Lakshmi v. M.Vasantha and Ors
Citation: 2022 LiveLaw (Mad) 134
Justice S.M Subramaniam of the Madurai Bench held that the Law of Limitation is substantive and that the litigations and appeals are to be filed within the period of limitation as contemplated under the Statutes.
The court also held that the power of discretion is a double-edged weapon. And that the discretionary powers are to be exercised cautiously and uniformly so as to avoid any prejudice to either of the parties.
The court further added that condoning delay by imposing heavy costs compromises the legal principles and does not do justice to the parties.
Other Developments
Case Title: M/S.Ootacamund Club v. Union of India & Ors.
The Madras High Court today issued notice on a plea filed by Ootacamund Club through its Secretary, challenging the vires of Section 108 of the Finance Act, 2021, insofar as it purports to levy Goods and Service Tax on a members' club in an incorporated form by insertion of Section 7(1)(aa) in the CGST Act.
When the matter came up before the Division Bench of Justices R. Mahadevan and Sathya Narayana Prasad for admission, the counsel for the petitioner submitted that levying GST on a members' club in an incorporated form is in direct contravention with Article 246 A and violative of Article 14 of the Constitution.
The court issued notice on the plea, returnable in four weeks' time.
The case of the petitioner club is that neither the Union nor the State can levy GST on the club under Article 246A. To establish the same, the petitioner relies on Article 366 (12A) which specifies that taxation will be on supply of goods or services or both.
2. Madras High Court Directs De-Sealing Mylapore Club, Orders Re-Determination Of Rent Arrears
Case Title: The Mylapore Club v. TheJoint Commissioner/ Executive Officer & Anr.
In a writ appeal arising from a dispute regarding payment of rent to Kapaleeswar temple by Mylapore Club, Madras High Court has directed the HR & CE Department to de-seal the premises of Mylapore Club.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy has also instructed the respondents for revision/ re-determination of rent arrears by applying the process contemplated under Section 34A of the Hindu Religious & Charitable Endowments Act (hereinafter 'Act') and after taking into account the current rental market value.
The bench has granted the department two months' time to complete the process of re-determining the arrears and clarified that the club will have the remedy of appeal to the competent authority if aggrieved by the final order of the department.
Case Title: M. Jeya v. State of Tamil Nadu & Ors.
The Madurai Bench of Madras High Court has sought response from the Director-General of Police and Home Secretary in a writ petition seeking departmental disciplinary action against the police officers accused in the custodial death of a 17-year-old boy.
The respondents include the Director General of Police, Home Secretary, Inspector General (South Zone) and Madurai Police Commissioner.
The case of the petitioner is that her minor son who was working as a cleaner in an earth mover was taken to the custody of S.S Colony Police Station, Madurai on 13th January 2019 in connection to jewelry theft. She alleged that her son was kept in police custody from 13th January till 16th January and was subjected to brutal torture. She further alleged that she received a call from the boy on the night of 15th January indicating that he was unwell and in illegal custody.
The matter came up before Justice S.M. Subramaniam, who granted time to the Respondents for filing counter-affidavits and posted the case for 7th March, 2022.
Case Title: The Secretary to Government, Transport Department & Anr. v. P.G Venugopal
Madras High Court has recently criticised the state transport corporation for withholding pensionary benefits along with arrears since 2009 to a person who is more than 75 years old now.
Calling the action of the appellant corporation as 'arbitrary', the bench of Justices S. Vaidyanathan and Mohammed Shaffiq added that the entitlement of pension was already decided by Labour Court and affirmed by the High Court as well as the apex court. In such a scenario, it is never fair not to pay the pension that the ex-employee is lawfully entitled to, the court remarked.
Upholding the right of the employee to claim pension since he had completed 10 years of service as per the government order as well as on the basis of previous court orders, the single judge bench of the High Court instructed the petitioner to file a fresh representation to the Managing Director, Metropolitan Transport Corporation (Chennai) Ltd and process the same in a time-bound manner as directed.
5. Madras High Court Remands Matter To AO To Determine Whether IL&FS Is Public Financial Institution
Case Title: Commissioner of Income Tax Versus M/s.Tamil Nadu Water Investment Co.Ltd
The Madras High Court has remanded the matter to the Assessing Officer (AO) for determination to determine whether M/s. Infrastructure Leasing and Financial Services Limited (IL&FS) is a Public Financial Institution.
The division bench of Justice R.Mahadevan and Justice J.Satyanarayana Prasad set aside the order of the ITAT and remanded to the AO to examine, whether IL&FS is a public financial institution; and if it is in affirmative, then, section 43B(d) read with explanation 3C will be applicable; and pass orders afresh, after providing due opportunity of hearing to all the parties, within a period of eight weeks.
Case Title: Dr. Saranya T. Jaikumar v. State of Tamil Nadu
Madras High Court has granted an interim stay on the government notification that dissolved the Tamil Nadu Commission for Protection of Child Rights (Commission/TNCPRC) in its entirety and proposed to reconstitute the same.
A single bench of Justice Dr. Anita Sumanth was considering the plea by one of the commission members, Saranya T. Jayakumar. Saranya is the only member who has challenged the notification that dismantled the entire Commission.
The impugned notification was issued in February 2022. It is pertinent to note here that the petitioner member was appointed in 2021 and her tenure would have continued for three years till 2024.
The court observed that a perusal of Commissions for Protection of Child Rights Act, 2005 does not provide for a 'wholesale dissolution' of the Commission per se.
7. 'Shocking To The Conscience': Madras HC Orders Registration Of FIR Against Headmaster For Alleged Sexual Harassment Of Teachers
Case Title: G.Joseph Jeyaseelan v. The Director of Elementary Education & Ors
The Madurai Bench of Madras High Court observed yesterday that the frequent allegations of sexual harassment inside educational institutions are troublesome and warrant immediate intervention.
Justice S.M Subramaniam was hearing a petition filed by the Headmaster of a school, calling for the records relating to the order cancelling the deputation of two women teachers by the District Educational Officer, Thallakulam, Madurai District.
Previously, the respondent teachers had sent representations to the Educational authorities alleging sexual harassment by the petitioner Headmaster. The same Headmaster impleaded the two teachers as respondents in the current proceedings initiated against the cancellation of their deputation.
Taking note of the rampant untoward incidents in educational institutions, the single-judge bench directed that the letters sent by the teachers to Educational Authorities alleging sexual harassment at the workplace must be registered as complaints by All Women Police Station, Keerathurai. The bench has also given an instruction to commence investigation while also directing the jurisdictional police to submit copies of the FIR on the next date of hearing.
Case Title: R.Palaniselvi v. The Tamilnadu State Election Commission & Ors.
The returning officer of Ward No.10 of Kallupatti in Madurai District has submitted before the Madras High Court that he illegally modified the election results and declared a DMK candidate as the winner due to external pressure by a group of persons.
The First Bench comprising of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy was hearing a case filed by an independent candidate named R. Palaniselvi who claimed to have won the urban local body polls in Ward No. 10. The court had earlier taken cognisance of the grave allegation against the Returning Officer and the DMK Candidate K. Subbulakshmi, who changed the result of the election after its declaration.
During the last hearing, the court had mandated the Returning Officer who was suspended by the State Election Commission to appear before the Court. Taking note of the manipulation in changing results, the bench has directed the Returning Officer to file an affidavit detailing the entire incident as well as details about the persons who allegedly exerted undue pressure upon the former. The affidavit must be submitted to the court within ten days. The DMK candidate who was declared as the winning candidate may also file a counter-affidavit to the writ petition within ten days, the court clarified.
Case Title: S.Ramalingam v. The Union Of India & Another
In the plea challenging vires of the Dam Safety Act, the Central Government has filed a counter-affidavit before the Madras High Court, claiming that the 2021 legislation does not seek to alter the existing ownership and water rights of the states. The law is merely intended to create a mechanism for proper surveillance, inspection, operation and maintenance of Dams.
"The Dam Safety Act, 2021 does not alter any existing arrangements with regard to dam ownership, operation and maintenance (O&M), project benefits and water rights of Tamil Nadu. Hence stated apprehensions are unfounded," the reply filed by the Deputy Commissioner in the Department of Water Resources states.
The writ petition was filed by DMK MP S. Ramalingam from Mayiladuthurai, stating that the Parliament lacks the legislative competence to enact the impugned legislation since States have the authority to make laws on "Water, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I".
Defending the Act, the Central government has claimed that most of the Dams in the country are across interstate rivers and states can't legislate beyond their territories. Thus, it is imperative for the Central government to exercise its prerogative in the national interest and legislate on the subject of dam.
10. Madras High Court Reserves Orders on Encroachment in Bethel Nagar
Case Title: I.H Sekar vs. MR P. Ponniah, IAS & Ors
The Madras High Court has reserved orders on matter involving encroachments in Bethel Nagar at Injambakkam.
The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy were hearing a contempt of court petition filed by one I.H Sekar, Managing Trustee of 'The Nature Trust'. The contempt petition was filed against the non-compliance of orders passed by the court in a previous writ filed by this petitioner.
The writ petition was filed seeing direction to remove the encroachments made in the marsh lands and canal puramboke area complying with the orders of the Supreme Court in Hirch Lal Tiwari v. Kamala Devi and Ors and in accordance with Tamil Nadu Land Encroachment Act, 1905 and direct to retrieve these lands.
This writ petition was disposed off with directions to confirm the validity and authenticity of the alteration and in case the alteration is unauthorised, to take action against the defaulting officers. It was also directed that since the eviction of unauthorised occupants is a periodic exercise, a fresh exercise may be undertaken after giving notice to all concerned to clear the land.
11. Madras High Court Recalls Order Directing Constitution Of Press Council Of Tamil Nadu
Case Title: S.Sekaran v. The State Of Tamil Nadu & Ors., S. Sekaran v. The Director General Of Police & Ors.
The Madras High Court on Wednesday recalled its previous order directing the state to set up the Press Council of Tamil Nadu, which would act as a State-level media regulatory body.
The order to constitute the Council was passed by the predecessor division bench of Justice N.Kirubakaran and Justice P.Velmurugan last year in a bid to protect the interests of journalists and clamp down on fake journalists, paid news and journalists who are indulging in illegal, unethical practices.
Expressing reservation on the Court's power to issue such directions in the absence of a statutory provision, the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy recalled the entire judgment, stating that the direction was unconnected to the writ petition.
The writ in the nature of public interest litigation was filed by journalist S. Sekaran, seeking proper investigation in the idol theft case.
12. Wakf Board Meddling In Administration Of Nagore Dargah': Ad Hoc Board Of Administrators Files Affidavit Before Madras HC
Case Title: The Adhoc Board of Administrators, Nagore Dargah Interim Adhoc Administrators v. Muhalli Muthavalli & Anr.
Nagore Dargah's Ad-Hoc Board of Administrators has filed an affidavit before the Madras High Court stating that they have done everything in the best interests of the Dargah and the Tamil Nadu State Wakf Board has been meddling in the day to day administration of dargah from June 2018.
"...the counsel for the Tamil Nadu Wakf Board had claimed to represent us though we did not authorize him and he had also stated as if we are functioning under the Tamil Nadu Wakf Board. We were not put on notice of the case. We came to know of the order only after we received a copy from the Tamil Nadu Wakf Board. We informed the Wakf Board that, the Wakf Board cannot interfere in our day-to-day administration", the affidavit states in reference to the writ appeal the board filed that invited the court's disapproval.
Case Title: Minor & Anr v. K Vijay
A 3-Judge Bench of the Madras High Court has referred to a larger bench, the question pertaining to High Court's jurisdiction on original side to make decisions on child custody and guardianship cases, owing to the advent of the Family Courts Act, 1984.
The bench of Justices A.A. Nakkiran, P.N Prakash and M. Sundar was constituted by the Chief Justice after Justice V. Parthiban opined that the matter must be adjudicated by constituting a larger bench.
The three-judge has now referred the issue to a larger bench since the Mary Thomas Judgment that approves simultaneous jurisdiction of High Court and Family Courts for adjudicating upon chld custody cases was rendered by a three-judge bench of the High Court in 1989.
That full bench was of co-equal strength as well as a co-ordinate bench of the current bench. In these circumstances, the current three-judge bench opined that the reference questions can be answered only after consideration by a larger bench.
Case Title: J.Jayakrishnan & Anr v. Bayview Projects Limited Liability Partnership Represented by its Director Boney Surinder Kapoor
Madras High Court has issued notice to the makers of Tamil film 'Valimai', starring Ajith, after the Producer of a 2016 Movie called 'Metro' alleged that the former is a substantial replica of the latter.
The bench of Justice Senthilkumar Ramamoorthy has posted the matter on 17th March, 2022 for further hearing.
The plea before Madras High Court by J.Jayakrishnan and his production company- E5 Entertainments Private Limited, accused the makers of the big-budget film of ripping off the storyline of 'Metro' substantially. According to Jayakrishnan, 'base storyline, narration, sequential arrangement of scenes, emotional ingredients and character sketches of all important characters' of 'Valimai' have been substantially copied from his 2016 hit film 'Metro'.
Case Title: Leena Manimekalai v. Susi Ganesan
While declining a plea made by the poet/ filmmaker Leena Manimekalai for transfer of the criminal defamation case pending against her on the file of Saidapet IXth Metropolitan Magistrate, Chennai Sessions Court also observed that the allegations against the court's presiding officer are 'unfounded' and 'invented for the purpose of transfer petition'.
Taking note of the petitioner's argument, the court noted in the order as below:
"....It has been observed by the Hon'ble Supreme Court that a mere allegation that there is apprehension that justice will not be done in a given case, does not survive. The court has further to see whether the apprehension is reasonable or not. The apprehension must not only be entertained but must appear to the court to be a reasonable apprehension and it squarely applies to the case on hand since the allegations made against the presiding officer are unfounded and invented for the purpose of transfer petition...", stating the same, the Sessions Court concluded that it hasn't found any merits in the contentions raised by Manimekalai and refused to transfer the case to another competent court.
Case Title: B. Ramkumar Adityan and anr v. All India Anna Dravida Munnetra Kazhagam
The bench of Justice P Velmurugan has granted four weeks' time to All India Anna Dravida Munnetra Kazhagam (AIADMK) party to file their counter in an application moved by one B. Ramkumar Adityan seeking leave of the court to sue the party and some of its members. The plea seeks to challenge the intra party elections held in 2021 and certain resolutions passed by the General Council in 2017 and Executive Committee in 2021.
In his plaint, Mr. Ramkumar has challenged Resolution No. 7, 10, 11 and 12 passed by the General Council dated 12.09.2017 whereby amendments were made to the original constitution/rules and regulations of the party and subsequent to which the 2nd, 3rd, 7th and 8th Defendants assumed their Office.
Case Title: Pushpam Reality v. State Tax Officer
The Madras High Court comprising Justice C. Saravanan has held that the Goods and Service Tax (GST) department can continue service of the physical copy of the notice through registered post, speed post, or courier with acknowledgement to the assessee at their last known place of business or residence and upload the notice on the web portal. Once all technical problems are resolved, the practice of sending physical copies may be dispensed with.
The Centre has appointed former Madras High Court Justice Pushpa Sathyanarayana as Judicial Member of the National Green Tribunal. The appointment is for a period of four years.
Justice Sathyanarayana had retired from service last month after serving as judge in Madras High Court for nine years from 2013.
19. Pardoning Power- Article 161 Does Not Give Any Power To Council Of Ministers: Madras High Court
While considering the petition filed by Rajiv Gandhi Assassination Case Convict S Nalini for her prerelease without waiting the approval of the Governor, the Madras High Court Bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy observed that Article 161 does not provide for binding the decision of the Council of Ministers and that power is given to the Governor under this section.
The court had previously disinclined from hearing the bail application citing that there was no legal provision for a convict to seek bail. The court had asked the petitioner to first establish that a bail application was maintainable after which the court shall hear the bail application.
A congress worker has recently moved the High Court seeking to implead him as the respondent in the petition.
The bench has directed the registry to number the petitions filed by Nalini and list the same for hearing.
20. Madras High Court Grants Regular Bail To Former ABVP Chief Dr. Subbiah Shanmugam In Harassment Case
Case Title: Dr. Subbiah Shanmugham v. The State represented by the Inspector of Police
Justice G. Jayachandran of the Madras High Court recently granted regular bail to former ABVP Chied Dr. Subbiah Shanmugham, who was arrested in relation to an incident of urinating before a woman neighbour's house in 2020.
The court was unsatisfied with the statements made by the Additional Advocate General that there were no malafide intention in the arrest. Previously while granting interim bail, the court had stated that the arrest was patently erroneous, leading to violation of his fundamental right.
Case Title: S. Karthieyan & Anr v. District Collector & Ors.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy stated that officers can't be allowed to promote encroachers by allotting alternative lands elsewhere.
The Bench noted that allotment of such alternative lands would only promote the tendency to encroach Government/ Poramboke land and water bodies. The court also reiterated about the 'total failure' of officers in the removal of encroachments in water bodies and catchment areas.
The court was hearing a writ petition filed for removal of encroachments from a water tank in the centre of Karadivavi Village in Palladam Taluk, Tiruppur District. In the status report filed by the state, it was mentioned that many encroachers have been removed and the rest of them can't be removed until alternative lands are allotted to them.
22. Seal The Shops Selling Banned Plastic Items : Madras High Court Directs Nilgiris District Collector
Case Title: Solaimalai @ Sivasolaimalai v. Chairman and Ors
The Madras High Court on Friday directed the District Collector, Nilgiris to conduct surprise inspection and whenever they find any shop selling banned plastic items, the authorities shall close and seal the shop immediately. The court further opined that imposing fine will not deter the shopkeepers from selling plastic bottles.
The bench of Justice V, Bharathidasan and Justice N. Sathish Kumar were hearing a batch of pleas concerning the protection of Western Ghats area.
The court also directed the collector to ensure proper functioning of water ATMs and to install new ATMs.
In a Twenty20 (T20) fraternity cricket match between the judges of Madras High Court and Kerala High Court, the former has emerged victorious, winning the match by 7 wickets.
The entire program arrangements were made by the Non-Playing Captain Justice V. Bharathidasan and his team comprising of Justice Krishnakumar, Justice A D Jagadish Chandira, Justice M. Dhandapani, Justice M. Nirmal Kumar and Justice PT Asha. Justice V. Bhavani Subbaroyan was the Commentator at the play ground. Play ground facility was arranged by IIT Madras Registrar Dr. Jane Prasad
24. Two Additional Judges Take Oath In Madras High Court
Justice Nidumolu Mala and Justice S. Sounthar were sworn in as Additional Judges of the Madras High Court on Monday. Chief Justice Munishwar Nath Bhandari administered the oath for the newly appointed judges.
The swearing-in ceremony was followed by a welcome address by the Advocate General, followed by speeches from the Chairman of Bar Council of Tamil Nadu and Puducherry, President of the Madras High Court Advocates' Association, Madras Bar Association, Women Lawyers' Association and Law Association, Madras. This was followed by speeches delivered by the newly sworn-in Judges.
