Madras High Court Weekly Round-Up: December 26 to December 31, 2022

Citations: 2022 LiveLaw (Mad) 519 To 2022 LiveLaw (Mad) 525

NOMINAL INDEX

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

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

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

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

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

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

Mir Anas Ali v State 2022 LiveLaw (Mad) 525

REPORTS

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

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

Citation: 2022 LiveLaw (Mad) 519

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

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

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

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

Citation: 2022 LiveLaw (Mad) 520

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

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

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

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

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

Citation: 2022 LiveLaw (Mad) 521

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

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

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

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

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

Citation: 2022 LiveLaw (Mad) 522

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

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

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

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

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

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

Citation: 2022 LiveLaw (Mad) 523

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

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

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

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

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

Citation: 2022 LiveLaw (Mad) 524

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

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

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

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

Case Title: Mir Anas Ali v State

Citation: 2022 LiveLaw (Mad) 525

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

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

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

OTHER DEVELOPMENTS

1. Madras High Court To Have Neutral Citation System From Jan 1

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

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