Madras High Court Weekly Round-Up: January 23 to January 29, 2023

Citations: 2023 LiveLaw (Mad) 25 To 2023 LiveLaw (Mad) 33

NOMINAL INDEX

Mr. AD Padmasingh Issac and others v. Karaikudi Achi Mess and another, 2023 LiveLaw (Mad) 25

The Designated Officer v. Jayavilas Tobacco Traders LLP, 2023 LiveLaw (Mad) 26

M/s. Paul Raj Engineering v. Assistant Commissioner (Circle), 2023 LiveLaw (Mad) 27

University Grants Commission and another v. Annamalai University and others, 2023 LiveLaw (Mad) 28

Vatsala Jagannathan & Anr. versus Tristar Accommodations & Ors., 2023 LiveLaw (Mad) 29

G. Babu v. The District Collector and Ors., 2023 LiveLaw (Mad) 30

Eswari v. Chief Secretary to Government of Tamil Nadu, 2023 LiveLaw (Mad) 31

RS Deva alias Kamadevan v. The Home Secretary and others, 2023 LiveLaw (Mad) 32

TR Ramesh v. State of Tamil Nadu and others, 2023 LiveLaw (Mad) 33

REPORT

Commercial Courts Act | Pre-Institution Mediation Is A Pre-Suit Legal Drill, Cannot Be Post Suit Exercise: Madras High Court

Case Title: Mr. AD Padmasingh Issac and others v. Karaikudi Achi Mess and another

Citation: 2023 LiveLaw (Mad) 25

While rejecting a plaint by Aachi Spices and Foods seeking an injunction restraining Karaikudi Achi Mess from using a trademark name or similar sounding expression in any media, websites and other platforms, the Madras High Court has highlighted that “pre-institution mediation” mandated under Section 12A of the Commercial Courts Act is a pre-suit legal drill and it cannot be ordered as a post suit exercise.

Justice M Sundar stressed that Section 12A is in the nature of a jurisdictional fact. This means that a party cannot plead that the pre-institution mediation will be carried out after the institution of the suit. Thus, any such attempt by the parties to dispense with pre-institution mediation is impermissible.

ALSO READ: Commercial Courts Act | Trademark Infringement Suits Not Exempt From Pre-Institution Mediation Merely Because There Is Penal Consequence: Madras HC

'Food Safety Commissioner Can't Impose Permanent Ban': Madras High Court Sets Aside Ban On Sale Of Gutka, Pan Masala, Other Tobacco Products

Case Title: The Designated Officer v. Jayavilas Tobacco Traders LLP

Citation: 2023 LiveLaw (Mad) 26

The Madras High Court recently set aside a notification issued by the state Commissioner of Food Safety imposing a ban on sale of Gutka, Pan Masala, flavoured or scented food products or chewable food products that contain tobacco or nicotine.

While setting aside the notification, the bench of Justice R Subramanian and Justice K Kumaresh Babu held that the commissioner had exceeded his powers while passing such a notification. The court agreed with the view taken by the Delhi High Court in Sugandhi Snuff King Pvt. Ltd. and Another v. Commissioner (Food Safety) Government of Delhi.

Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB

Case Title: M/s. Paul Raj Engineering v. Assistant Commissioner (Circle)

Citation: 2023 LiveLaw (Mad) 27

The Madras High Court has referred to the division bench the issue of the power of the high court under Article 226 to condone the delay beyond the maximum time limit stipulated under the GST Act.

The single bench of Justice Abdul Quddhose has observed that there were two contradictory views expressed by two judges of the Madras High Court.

Madras High Court Upholds UGC's Power To Impose Territorial Restrictions On Distance Education Courses

Case Title: University Grants Commission and another v. Annamalai University and others

Citation: 2023 LiveLaw (Mad) 28

The Madras High Court has recently upheld the power of the University Grants Commission to impose Regulations for the conduct of Distance Education Programs by the universities.

While disposing of a series of appeals filed by the University Grants Commission and other universities and private colleges relating to power of the Commission to impose such a condition, the Madras High Court ruled that since the University Grants Commission has been given primacy in matters of University education, the commission was within its authority to determine the standards of the universities.

The court also lamented that such regulations came to be necessary since a lot of educational institutions have started to commercialise education by engaging in indiscriminate franchisee agreements with persons without any expertise.

Non - Signatory Can Be Referred To Arbitration Under ‘Doctrine Of Alter Ego’: Madras High Court

Case Title: Vatsala Jagannathan & Anr. versus Tristar Accommodations & Ors.

Citation: 2023 LiveLaw (Mad) 29

The Madras High Court has ruled that non-signatories to arbitration agreement can be referred to arbitration by invoking the ‘doctrine of alter ego’ only in exceptional cases where there is convincing evidence that the non-signatory is the ‘alter ego’ of the signatory.

The bench of Justice Senthilkumar Ramamoorthy remarked that the doctrine of alter ego is applied in exceptional circumstances by piercing the corporate veil of the signatory Company in order to determine who lurked behind it at the relevant point of time.

Madras High Court Allows Brother To Be Appointed As Legal Guardian Of Woman With Mental Disability

Case Title: G. Babu v. The District Collector and Ors.

Citation: 2023 LiveLaw (Mad) 30

The Madurai Bench of Madras High Court on Tuesday while permitting the brother of a schizophrenic patient to be appointed as her legal guardian, observed that “person suffering from multiple disability” in Section 2 (j) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 must be understood to mean “a person with benchmark disability” as defined in Section 2(r) of the 2016 Act.

The Court observed that this would enable the Local Level Committee constituted under Central 44 of 1999 to deal with cases of appointment of guardian for persons suffering from any kind of disability.

Justice G. R. Swaminathan observed that the Local Level Committee constituted under Central 44 of 1999 should not confine themselves to cases of congenital conditions such as autism, cerebral palsy and mental retardation alone and that they should also deal with other disabilities as it would enable easier and quicker access to justice.

An Ineligible Candidate Is A "Stranger", Cannot Challenge Recruitment Procedure: Madras High Court Reiterates

Case Title: Eswari v. Chief Secretary to Government of Tamil Nadu

Citation: 2023 LiveLaw (Mad) 31

The Madras High Court recently reiterated that a candidate who is ineligible to participate in a recruitment process is a stranger to such process and cannot challenge the appointments made therein.

Justice Abdul Quddhose thus dismissed the plea of a sanitation worker who had challenged the appointments of candidates as Junior Assistants in Coimbatore Corporation.

"Total Ban For Conduct Of Religious Meetings Not Possible": Madras High Court Allows Hindu Outfit's Conference

Case Title: RS Deva alias Kamadevan v. The Home Secretary and others

Citation: 2023 LiveLaw (Mad) 32

The Madras High Court has recently allowed the Indu Makkal Katchi-Tamizhagam to conduct their State conference on 29th January 2023. Indu Makkal Katchi is a right-wing, Hindu nationalist party in Tamil Nadu. It was set up by the RSS as a front for its political activities in Tamil Nadu

Justice G Chandrasekharan allowed the plea filed by the party challenging the order of the Inspector of Police, Pudhu Nagar Police Station, Cuddalore rejecting permission to conduct the State conference and public procession.

While allowing permission for conducting a conference, the court however directed that the participants should neither sing songs or speak ill on any individual, caste or religion. Further, they should not talk or express anything in favour of organisations banned by the Government of India or disturb the sovereignty and integrity of the country.

Madras High Court Holds Special Saturday Sitting To Hear Case On Palani Temple Ritual Dispute

Case Title: TR Ramesh v. State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 33

The Madras High Court on Saturday held a special sitting to hear a matter related to the dispute about the manner in which rituals are to be carried out at the Palani temple.

The bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy recorded that the parties have arrived at a consensus.

The petitioner TR Ramesh, president of Indic Collective Trust and Temple Worshippers Society, approached the court seeking directions to the State and the Hindu Religious & Charitable Endowments Commissioner for performance of the rituals at Pazhani Sri Dhandayuthapani Swamy Temple as per the Agamas.

The State on the other hand submitted that it does not intend to go against the Agamas. The intention was to limit the scale of ritual keeping in mind the large number of devotees visiting the temple for the Pazhani Festival scheduled to be held on February 5, it said.

The HR&CE department assured the court that the Mandalabhishekam will be carried out everyday for a period of 48 days.

OTHER DEVELOPMENTS

1. "Why Don't You Close Retail TASMAC Outlets By 9:30 PM Instead Of 10 PM?" Madras High Court Asks State

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

Case No: WP 34228 of 2022

The Madras High Court recently asked the state government if it was feasible to close the retail liquor vending shops associated with TASMAC by 9:30 pm and keep the bars running till 10 pm so that the last minute consumers do not end up consuming alcohol on the streets.

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy was hearing pleas filed by two shopkeepers, for framing guidelines, rules, and regulations with regard to the place for consuming alcohol by purchasers after closing time of TASMAC shops and bars attached thereto. The petitioners had argued that allowing the shops and the bars to function till 10 pm had led to a situation where the last-minute purchasers consume alcohol in the streets causing a nuisance to women, children, and neighbors. Apart from nuisance to the public and pollution to the environment, the petitioner submitted that the situation may also result in an increase in the number of crimes against women and children.

2. Madras High Court Reserves Decision On Plea Challenging Order Asking Lawyers To Wear Gowns Before NCLT Benches

Case Title: R Rajesh v Union of India and others

Case No: WP No. 31852 of 2017

The Madras High Court on Monday reserved its order on a plea challenging a notification issued by the Registrar of NCLT which made it mandatory for advocates to wear gowns while appearing before any bench of NCLT.

The division bench of Justice R Mahadevan and Justice Mohammed Shaffiq heard the party-in-person advocate R Rajesh, and reserved the matter.

Earlier, a bench of Justice K Ravichandrabaabu (since retired) and Justice TS Sivagnanam had ordered an interim stay on the operation of the order holding it to be in conflict with the Rules of the Bar Council of India which make wearing of gowns mandatory for an advocate only in case she or he is appearing in the Supreme Court or the high courts.

3. TN Govt Seeks 3 Months From High Court To Replace 'Archaic' Madras Medical Council Registration Act

Case Title: The President v. P Balakrishnan and others

Case No: WA No 29 of 2023

The Tamil Nadu government has informed the Madras High Court that it will promulgate a new law replacing the Madras Medical Council Registration Act.

Advocate General R Shunmughasundaram informed the bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy that the process needs time as it involves discussion and deliberation with experts and concerned stakeholders.

The court thus granted three months time to the state to finalise the new law. Till such time, the court allowed the current office bearers to continue functioning.

4. Draft Manual "Integrating Transgender Concerns In Schooling Processes" Notified, Will Invite Suggestions: NCERT Informs Madras High Court

Case Title: Mrs S. Sushma & Ors. v. The Director-General of Police & Ors.

Case No: WP 7284 of 2021 (Gen.Crim.)

The National Council of Education Research and Training (NCERT) has informed the Madras High Court that it has notified a gender inclusive draft manual and suggestions have been invited from the concerned stakeholders.

The submission was made before the bench of Justice Anand Venkatesh. The bench has been passing a series of directions in an attempt to remove the stigma associated with the LGBTQ community and to ensure welfare of the members of the community.

NCERT also informed the court that the draft manual titled "Integrating Transgender Concerns in Schooling Processes" are aimed at making the schools more inclusive space. This manual includes gender-inclusive curriculum, gender-neutral uniforms, secure restrooms, washrooms and steps to prevent gender-based violence among other aspects.

5. "Role Of State In A Democracy Is To Permit Me To Say What I Want": RSS Argues Before Madras High Court Over Route March Issue; Order Reserved

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

Case No: LPA 6 of 2022

The Madras High Court has reserved order on a batch of pleas challenging a single judge order imposing certain conditions on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh.

Challenging the order before a bench of Justice R Mahadevan and Justice Mohammed Shaffiq, the RSS submitted that the single judge could not have modified its earlier order allowing procession, in a contempt petition alleging wilful disobedience.