Madras High Court Monthly Digest - January 2023 [Citations 1 to 37]

NOMINAL INDEX

Manikandan v. State, 2023 LiveLaw (Mad) 1

P Geetha v. V. Kirubaharan , 2023 LiveLaw (Mad) 2

M/s.Tirupur Sree Annapoorna Versus Tamil Nadu Sales Tax Appellate, 2023 LiveLaw (Mad) 3

Easwaran Brothers India Private Limited Versus The Assistant Commissioner (ST) (FAC), 2023 LiveLaw (Mad) 4

M Kannadasan v Union Of India, 2023 LiveLaw (Mad) 5

M/s. Radha Meditech v. M/s Cook India Medical Devices Pvt Ltd, 2023 LiveLaw (Mad) 6

People’s Watch v. The Home Secretary, Home Department (Prison) and another, 2023 LiveLaw (Mad) 7

PhonePe Private Limited v. DigiPe Fintech Private Limited, 2023 LiveLaw (Mad) 8

B Ramkumar Adityan v. Additional Chief Secretary and others, 2023 LiveLaw (Mad) 9

M/s. Raju Construction & Ors. versus The Government of India & Ors., 2023 LiveLaw (Mad) 10

A Saravanan v. The State of Tamil Nadu and others, 2023 LiveLaw (Mad) 11

Po.Mu.Iraniyan @ Muthu Murugan v. The Union of India and others, 2023 LiveLaw (Mad) 12

D Elumalai v. The Commissioner of Milk Production and others, 2023 LiveLaw (Mad) 13

M.Munusamy @ Chinnapaiyan v. The Superintendent of Police, 2023 LiveLaw (Mad) 14

Tamil Nadu State Transport Corporation (Coimbatore) Ltd and another v. B Rajeswari, 2023 LiveLaw (Mad) 15

Rathinam v State, 2023 LiveLaw (Mad) 16

M Mahalakshmi v. M Vijayakumar, 2023 LiveLaw (Mad) 17

Pugazendhi Thangaraj v. Inspector of Police, 2023 LiveLaw (Mad) 18

Timothy Donald Archer v. The Foreigner Regulation Registration Offer and others, 2023 LiveLaw (Mad) 19

Rajeshwari v State, 2023 LiveLaw (Mad) 20

G Shanmugasundar v. The Principal Secretary to Government and others, 2023 LiveLaw (Mad) 21

Sankareswari and another v. The District Collector and others, 2023 LiveLaw (Mad) 22

M/s AQJ Apparels Private Limited v. M/s Mmunna Garments and another, 2023 LiveLaw (Mad) 23

Tvl.Thiruvannamalaiyar Transport Versus The Deputy State Tax Officer, 2023 LiveLaw (Mad) 24

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

Mohammed Rafi v. State of Tamil Nadu and Others, 2023 LiveLaw (Mad) 34

Jeya Sudha v. Inspector of Police and another, 2023 LiveLaw (Mad) 35

P Amutha v Gunasekaran, 2023 LiveLaw (Mad) 36

Harina v. The Regional Passport Officer and Ors., 2023 LiveLaw (Mad) 37

REPORTS

[POCSO Act] Description Of Incident Assumes Significance As Child Might Not Know What Is Sexual Assault: Madras High Court

Case Title: Manikandan v. State

Citation: 2023 LiveLaw (Mad) 1

While refusing to set aside the conviction of a man who was charged under the Prevention of Children from Sexual Offences (POCSO) Act, the Madras High Court held that in POCSO cases, the description of the incident by the child assumes a lot of significance to come to a conclusion as to whether there was penetrative sexual assault in a given case. The bench of Justice PN Prakash and Justice Anand Venkatesh noted that from the perspective of the child, a sexual assault may only be understood as a physical assault as the child is unaware of what a sexual assault is. Thus, the courts have to look into the description of the offence and come to a conclusion.

Parents In Matrimonial Disputes Not Filing Applications For Minor Children's Maintenance, Duty Of Courts To Protect Their Interest: Madras High Court

Case Title: P Geetha v. V. Kirubaharan

Citation: 2023 LiveLaw (Mad) 2

While allowing a petition filed by a woman for transfer of a divorce petition from Poonamalle to Tiruchirappalli, the Madras High Court said parents are duty bound to maintain their minor children and in absence of a formal application, the courts also are bound to consider grant of interim maintenance to protect the interests of minor children.

Justice SM Subramaniam said though order of interim maintenance is conditional on the circumstances that the wife or husband, who makes the claim has no independent income sufficient for her or his support, it is no answer to a claim of maintenance that the wife is educated and could support herself.

Entities Evading Tax Payment Are Liable To Be Punished Under Criminal Charges With Penalties: Madras High Court

Case Title: M/s.Tirupur Sree Annapoorna Versus Tamil Nadu Sales Tax Appellate

Citation: 2023 LiveLaw (Mad) 3

The Madras High Court, while analysing the growing trend of tax evasion, has stated that companies, firms, or entities that evade tax payments are liable to be punished under criminal charges with substantial penalties.

The division bench of Justice S. Vaidyanathan and Justice C. Saravanan has observed that the hotel business is the fastest-growing one in the world. Despite the growth, hotel and restaurant owners show no desire to pay taxes meant for the public, and a few hotels not only evade taxes but also pose a health risk to the public by intentionally degrading food quality by replacing food substances with undeclared alternative components.

Refund Or Carry Forward The ITC To GST Regime Is Dealer’s Choice: Madras High Court

Case Title: Easwaran Brothers India Private Limited Versus The Assistant Commissioner (ST) (FAC)

Citation: 2023 LiveLaw (Mad) 4

The Madras High Court has held that the dealer has two options: refund or carry forward the ITC to the GST regime.

The single bench of Justice M. Sundar has observed that the dealer cannot be compelled to opt for one of the two, i.e., refund or carry forward the ITC to the GST regime. It is, after all, an option given to the dealer. The provisional refund order issued by the department and the issuance of what is known as "Form-P" clearly defined the entitlement of the dealer.

Court Cannot Send Notice To Governor: Madras High Court Rejects Plea Against Tamil Nadu Governor Over ‘Office Of Profit’ Claim

Case Title: M Kannadasan v Union Of India

Citation: 2023 LiveLaw (Mad) 5

The Madras High Court has rejected a plea by Thanthai Periyar Dravidar Kazhagam challenging Governor RN Ravi's authority to continue to hold office.

Holding the petition to be non-maintainable, the bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy observed that the court cannot issue notice to the Governor as he enjoys immunity under Article 136 of the Constitution.

Decision On Date Of Reckoning Requires Investigation, Madras High Court Applies Nortel Principle, Appoints Retd Justice Chandru As Arbitrator

Case Title: M/s. Radha Meditech v. M/s Cook India Medical Devices Pvt Ltd

Citation: 2023 LiveLaw (Mad) 6

While disposing of a Section 11 application for the appointment of an arbitrator filed under the Arbitration and Conciliation Act, the Madras High Court followed the procedure adopted by the Supreme Court in Bharat SancharNigam Limited and another Vs. Nortel Networks India Private Limited. In the above case, the Supreme Court had held that when there is no vestige of doubt that the claim was ex facie time barred, it must be referred to arbitration. However, when there was even the slightest of doubt, the rule was to refer to arbitration.

Justice M Sundar noted that in the present case, the primary consideration was whether the case was “ex-facie barred by limitation”. For this, the reckoning date had to be looked into.

Madras High Court Bats For Better Prison Culture, Orders Preparation Of Prisoners’ Rights Handbook

Case Title: People’s Watch v. The Home Secretary, Home Department (Prison) and another

Citation: 2023 LiveLaw (Mad) 7

Noticing shortcomings in the manner in which prison administration is carried out at present, the Madras High Court has issued a slew of directions to the State and the Prison Department for creating a better prison environment and prison culture.

The Madurai bench of Justice R Mahadevan and Justice Sathya Narayana Prasad directed the respondent authorities to also prepare a “Prisoners’ Rights Handbook” highlighting the rights of the prisoners and their grievance mechanisms. A copy of this Handbook is to be given to each prisoner upon their admission.

Trademark Infringement: Madras High Court Temporarily Restrains 'DigiPE' From Using Its Mark, Says Deceptively Similar To 'PhonePe'

Case Title: PhonePe Private Limited v. DigiPe Fintech Private Limited

Citation: 2023 LiveLaw (Mad) 8

The Madras High Court has temporarily restrained DigiPe Fintech Private Limited from using its mark 'DIGIPE' following a trademark infringement suit by popular digital payments company PhonePe.

Justice C Saravanan said the offending trademark 'DigiPE' is similar to the 'PhonePe' mark which stands registered in Class 9, 35, 36 and 42 by PhonePe Private Limited.

Sell Indian Made Foreign Liquor Only To Licensed Consumers: Madras High Court To State, TASMAC

Case Title: B Ramkumar Adityan v. Additional Chief Secretary and others

Citation: 2023 LiveLaw (Mad) 9

In an attempt to curb the menace of alcohol abuse and underage drinking, the Madras High Court has suggested imposing a licensing regime for the sale, purchase, and usage of Indian Made Foreign Liquor.

The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad asked the Centre to take the courts directions/suggestions into consideration and give instructions to the State of Tamil Nadu and Director General of Police to impose a licensing regime.

In turn, the State government was directed to give necessary instructions to the retail TASMAC outlets that only customer having an alcohol license could purchase IMFL.

No Promissory Estoppel Involved In Grant Of Temporary Reprieve From Service Tax On Works Contract; Madras High Court

Case Title: M/s. Raju Construction & Ors. versus The Government of India & Ors.

Citation: 2023 LiveLaw (Mad) 10

The Madras High Court has dismissed a batch of writ petitions challenging Notification No.6/2015-Service Tax, dated 01.03.2015, which withdrew service tax exemption on services in nature of works contract, as granted under the Mega Exemption Notification No.25/2012-Service Tax, dated 20.06.2012.

The bench of Justices S. Vaidyanathan and C. Saravanan observed that “works contract” services are “declared services” under the Finance Act, 1994 and thus, the services provided by the petitioners attracted service tax. While holding that only a temporary reprieve was given to the petitioners by virtue of the Mega Exemption Notification, the Court concluded that there was no promissory estoppel involved in the grant of such exemption. Thus, the bench upheld the Notification No.6/2015, withdrawing service tax exemption.

Madras High Court Restraints TANGEDCO Employees From Going On Strike, Says Essential Services Will Be Affected

Case Title: A Saravanan v. The State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 11

The Madras High Court has temporarily restrained the employees of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from going on a strike on January 10 or on any future date.

While allowing the petition filed by one J Elumalai, the bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy held that since electricity is an essential service, if the employees went on strike, it would affect the public at large. Thus, the court restrained the employees from going on a strike.

No Dance Form Should Be Identified Using A Caste/Tribal Community's Name To Insult Such Community Members: Madras High Court

Case Title: Po.Mu.Iraniyan @ Muthu Murugan v. The Union of India and others

Citation: 2023 LiveLaw (Mad) 12

While disposing of a petition seeking to take action against cultural programmes denigrating the Kuravar community, the Madras High Court directed the state to ensure that no dance performances are identified with a community, so as to denigrate the members of the community.

..ensure that no dance performance is identified using a caste/ tribal community's name so as to insult or degrade the persons belonging to such community.

The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad of the Madurai bench also directed the State and police authorities not to grant permissions to such cultural programmes depicting the Kuravar community in an obscene manner.

The court also directed the authorities to open a separate portal for the general public where any grievance with respect to obscene representation of the community could be raised and the related videos could be uploaded. The Cyber crime department could then look into the grievance and take appropriate action whenever necessary.

Madras High Court Stays Order Cancelling Appointment Of 25 Aavin Employees

Case Title: D Elumalai v. The Commissioner of Milk Production and others

Citation: 2023 LiveLaw (Mad) 13

The Madras High Court has stayed an order passed by the General Manager of Aavin cancelling the appointment of 25 employees. Aavin is a state government cooperative under Tamil Nadu Co-operative Milk Producers Federation Ltd.

While giving an interim stay on the operation of the impugned order, Justice Abdul Quddhose said the petitions are prima facie maintainable as the petitioners have approached the court only on the ground of violation of principles of natural justice.

The petitioners contended that the order of cancellation of their appointment was arbitrary and illegal. The reason given by the authorities for cancellation of appointment is that the appointments were made in violation of the Special Rules. The petitioners, however, submitted that they were appointed after following due procedure and proper verification.

Cockfighting: Madras High Court Issues Directions To Ensure Safety Of Birds During Pongal Celebrations At Tiruvallur Event

Case Title: M.Munusamy @ Chinnapaiyan v. The Superintendent of Police

Citation: 2023 LiveLaw (Mad) 14

The Madras High Court recently issued a set of directions to be followed while conducting cockfights in connection with Pongal festival at an event in Valakkanampoodi Pudur village of Tiruvallur district.

In a plea filed by a group of villagers for granting permission to conduct the cockfight as part of pongal celebrations and to celebrate the birth anniversary of former CM MG Ramachandran, Justice VM Velumani and Justice R Hemalatha issued the directions for regulating the fights.

The court has directed the event be supervised by the police and doctors from the nearby Government Veterinary Hospital.

The court also directed the petitioner to donate a sum of thirty thousand rupees to Prashanti Old Age Welfare Home, Chennai and to furnish proof of payment before the respondent authorities. It further directed the organisers to take precautionary measures to ensure that no untoward incident takes place.

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court

Case Title: Tamil Nadu State Transport Corporation (Coimbatore) Ltd and another v. B Rajeswari

Citation: 2023 LiveLaw (Mad) 15

While dismissing an appeal preferred by Tamil Nadu State Transport Corporation against a single judge order directing the organization to pay maternity benefits to a temporary employee, the Madras High Court recently held that welfare legislation like the Maternity Benefits Act cannot be denied merely on the basis of technicalities.

Highlighting the importance of maternity benefits for women, Justice S Vaidyanathan and Justice Mohammed Shaffiq went on to observe that a woman must not be forced to swing between motherhood and work like a pendulum and that even in Hindu mythology, women who sacrificed their lives for their families were considered at par with God.

Madras High Court Directs State To Compensate Man Detained For 8 Months Despite Acquittal

Case Title: Rathinam v State

Citation: 2023 LiveLaw (Mad) 16

The Madras High Court recently directed the State to award interim compensation to a man who was illegally detained in prison for more than 8 months even after the court had acquitted him of his murder charges.

Justice Sunder Mohan noted that since the man was not aware of his rights, he had not preferred an appeal and as such was not aware of his acquittal. Thus, it was necessary for the court to come to the aid of such persons.

ALSO READ: Ensure Prisoners Can Access Kiosks In Their Own Language: Madras High Court To State

District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court

Case Title: M Mahalakshmi v. M Vijayakumar

Citation: 2023 LiveLaw (Mad) 17

While hearing a petition to transfer a matrimonial dispute from Pudukottai to Ponneri in Tamil Nadu, the Madras High Court noted that the father, who was working as a Village Administration Officer was not paying interim maintenance to his 10 year old daughter.

While directing him to make such payment irrespective of visitation rights, Justice SM Subramaniam also directed the District Collector to take strict action against the officer under service rules if he failed to pay such interim maintenance.

Madras High Court Quashes Conditions Imposed By Police Against Oratory Competition On Prabhakaran’s Birth Anniversary, Permits Speeches Eulogising LTTE Leader

Case Title: Pugazendhi Thangaraj v. Inspector of Police

Citation: 2023 LiveLaw (Mad) 18

The Madras High Court has allowed a petition filed by director Pugazendhi Thangaraj and relaxed the conditions imposed on celebrating the birth anniversary of late LTTE Leader Prabhakaran.

Though the court relaxed the conditions imposed by the police, Justice G Chandrasekharan stressed that the event should not affect the sovereignty of the nation or its friendly relations with other nations.

COVID-19 Pandemic: Madras High Court Directs Centre To Permit UK National To Exit India Without Payment Of Penalty For Overstay

Case Title: Timothy Donald Archer v. The Foreigner Regulation Registration Offer and others

Citation: 2023 LiveLaw (Mad) 19

The Madras High Court has directed the Centre to allow a UK national to return to his country without payment of any penalty for the overstay. The man was stranded in India due to the COVID-19 pandemic.

The court took note of a submission that Ministry of Home Affairs has clarified that the foreign nationals who got stranded in India on account of Covid-19 Pandemic, may apply for an exit permit which would be granted on gratis basis, without levy of any overstay penalty.

Justice GR Swaminathan of the Madurai bench directed the authorities to expeditiously grant exit permit to the UK national on his renewed passport, so that he can return to his parent country.

No Intention To Commit Murder: Madras High Court Reduces Life Sentence Of Woman Who Set Minor Daughter On Fire

Case Title: Rajeshwari v State

Citation: 2023 LiveLaw (Mad) 20

The Madras High Court has recently set aside the life imprisonment imposed on a mother for setting her minor daughter on fire and thereby causing her death.

Altering the charge from that under Section 302 to one under Section 304 of IPC, Justice PN Prakash (since retired) and Justice G Jayachandran noted that the primary question was whether the appellant mother had intended to commit the murder of her daughter.

Planned Development Will Remain A Pipe Dream Due To Unauthorised Construction By Builders And Failure Of Govt Officials: Madras High Court

Case Title: G Shanmugasundar v. The Principal Secretary to Government and others

Citation: 2023 LiveLaw (Mad) 21

While directing demolition of an unauthorised construction in Tiruchirappalli, the Madras High Court said that though various enactments are in force to achieve planned development, it will remain a pipe dream because of continuous unauthorised constructions by builders and inaction of government.

The division bench of Justice R Mahadevan and Justice Sathya Narayana Prasad of the Madurai bench ordered demolition of the unauthorised portion of a four-story building. The court also noted that by not taking any action, the officers concerned had indirectly encouraged the promoter to continue with the illegal construction.

'State's Duty To Ensure Proper Disposal of Hazardous Waste': Madras High Court Directs Govt To Pay ₹10 Lakh Each To Children Injured In Explosion

Case Title: Sankareswari and another v. The District Collector and others

Citation: 2023 LiveLaw (Mad) 22

The Madras High Court recently came to the rescue of two children who had suffered severe burn injuries in 2018 on account of an explosion near a water body in Sivakasi.

The explosion was a result of improper dumping of wastes from the firecracker industries nearby. The children, students of class X, were playing near the waterbody at the time of explosion.

Holding the State liable, Justice GR Swaminathan of the Madurai bench directed it to pay a sum of Rs.10 lakh each to the victims.

Don't Rely On Postal Pincodes: Madras HC Directs Registry To Determine Territorial Jurisdiction Using Jurisdictional Limits Act

Case Title: M/s AQJ Apparels Private Limited v. M/s Mmunna Garments and another

Citation: 2023 LiveLaw (Mad) 23

While hearing a plea praying for a leave to sue, the Madras High Court noted that the Registry was using Postal pin codes to determine the territorial jurisdiction of the court. Justice M Sundar thus directed the registry to only use the Jurisdictional Limits Act and the Jurisdictional Limits Extension Act to determine the jurisdiction of the court.

The court also opined that, if necessary, a map could be drawn out of the territorial limits. Since an earlier attempt to follow the map was later discontinued, the court thought it fit to revisit the aspect and thus directed the Registry to place the matter before the Acting Chief Justice for suitable orders.

Expiry Of E-way Bill Does Not Create Any Scope For Tax Evasion: Madras High Court Imposes Minor Penalty

Case Title: Tvl.Thiruvannamalaiyar Transport Versus The Deputy State Tax Officer

Citation: 2023 LiveLaw (Mad) 24

The Madras High Court has imposed a minor penalty and held that the expiry of the E-way bill does not create any scope for evasion.

The single bench of Justice M. Sunder has observed that assuming there was no breakdown and assuming the portal was active, the maximum penalty would be Rs. 5,000.

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 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.

Muslim Women Can Approach Family Courts For 'Khula', Self Declared Bodies Like ‘Shariat Council’ Can’t Certify Dissolution Of Marriage: Madras High Court

Case Title: Mohammed Rafi v. State of Tamil Nadu and Others

Citation: 2023 LiveLaw (Mad) 34

The Madras High Court has said that the Shariat Councils are neither courts nor arbitrators and thus they cannot pronounce or certify dissolution of marriage by Khula.

Justice C Saravanan quashed a Khula certificate issued by the Shariat Council and directed a woman and her husband to approach the Tamil Nadu Legal Services Authority or a Family Court to resolve their disputes.

The bench noted that even previously, the High Court in Bader Sayeed Vs. Union of India had restrained bodies such as Kazis from issuing certificates dissolving marriages by Khula.

[NDPS Act] Explore Possibility Of Establishing Special Courts Covering 100 Km Radius Or One For Every Four Districts: Madras HC To State

Case Title: Jeya Sudha v. Inspector of Police and another

Citation: 2023 LiveLaw (Mad) 35

While noting that there are only seven Special Courts to deal with NDPS cases at present, the Madras High Court suggested setting up of Special Courts covering 100 km radius or a Special Court for every four districts.

Justice B Pugalendhi suggested the same after noting that the Investigating officers were finding it difficult to follow up with the cases as they had to continuously travel long distances. The court added that the possibility of designating Additional District Courts as Special Courts to deal with EC/NDPS cases can also be explored

Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears: Madras High Court

Case Title: P Amutha v Gunasekaran

Citation: 2023 LiveLaw (Mad) 36

The Madras High Court has held that the maintenance allowance that is granted to the wife would not come within the purview of debt and thus, the pension of the husband is not exempt from attachment towards payment of arrears of maintenance.

Highlighting that maintenance is a social justice to prevent destitution and vagrancy, Justice V Sivagnanam observed,

"Lawful claim due to a woman in distress should not be denied heartlessly and lawlessly. The conscience of social justice, the cornerstone of our constitution will be protected. Therefore, I hold that the maintenance allowance granted to wife cannot be considered as a debt and she is not a creditor. Hence, exemption under Section 11 of the Pension Act 1871 as well as the exemption provided in Section 60(1)(g) of Civil Procedure Code, cannot be granted to husband."

‘She Is For All Practical Purposes A Stateless Person’: Madras HC Directs Centre To Consider Issuing Indian Passport To Sri Lankan Refugees’ Daughter

Case Title: Harina v. The Regional Passport Officer and Ors.

Citation: 2023 LiveLaw (Mad) 37

The Madurai Bench of Madras High Court directed the Central Government to consider issuing a passport to a woman, whose parents had escaped to India to save themselves from persecution.

Justice G. R. Swaminathan, noting that the process of applying for Indian Citizenship by naturalization under Section 6 of the Citizenship Act may not afford immediate relief, permitted the petitioner to submit an application under Section 20 of the Passports Act.