Madras High Court Weekly Round-Up: January 9 to January 15, 2023

Citations: 2023 LiveLaw (Mad) 11 To 2023 LiveLaw (Mad) 14

NOMINAL INDEX

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

REPORT

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.

OTHER DEVELOPMENTS

[NEET PG] Time Limit For Admission Process Extended Till January 14, Director General Of Health Services Informs Madras High Court

The Director General of Health Services has informed the Madras High Court that it has extended the time limit for completing admissions to the various post-graduate courses through NEET till 14th January 2023. Earlier, the National Medical Commission had fixed December 2, 2022, as the date for completing the admission process.

Justice CV Karthikeyan was hearing petitions filed by two private medical colleges seeking directions to the Selection Committee to send a list of meritorious candidates from the State rank to fill up the vacant seats.

I Did Not Become A Judge In Ukraine Or Pakistan, But In Bharat With A Well Preserved Constitution: Justice PN Prakash Retires From Madras High Court

Justice PN Prakash, the puisne judge of the Madras High Court on Wednesday retired from service. In a farewell speech, he said he became a judge only because of the constitution that the people of the country have protected since 1950.

"I did not become a judge in a country like Ukraine where judges are forced to carry arms to defend their country. I did not become a judge in a failed state like Pakistan where my hero Chief Justice Iftikhar Chaudhary had to fight [Pervez] Musharraf every other day and issue habeas corpus ... I became a judge in this country called Bharat which has a Constitution which has survived from 1950 to 2023, drafted by Dr. Ambedkar and his glorious team ... and the people of India who have protected this constitution. Had this constitution not been there, I would not have become a judge at all," said Justice Prakash in his speech at the farewell.

Madras High Court Confers 'Senior' Designation On 62 Advocates

The Madras High Court today designated of a total of 62 lawyers as Senior Advocates. These advocates were designated as senior advocates days after the High Court dismissed a petition seeking reservation for women in the designation of Senior Advocate.

Madras High Court Restraints Judicial Officers From Receiving Gifts From 'Third Parties' During Festivals

In a circular issued on 11th January, the Madras High Court has directed all judicial officers to refrain themselves from receiving any kind of gift hampers/ cracker boxes/ or sweet boxes from third parties during the festivals. The court added that the officers must maintain strict discipline and decorum while serving the District Judiciary.

After Ruckus In Advocates Association Election, Madras High Court To Fix New Date For Polls

The Madras High Court has said that it will go through all the materials that have been provided by the interested parties and the Teller Committee with respect to the unfortunate events that took place in connection with the Madras High Court Advocates Association elections.

The division bench of Justice R Mahadevan and Justice Mohammed Shaffiq had earlier asked the Teller Committee to file its report on the alleged incidents of booth capturing and subsequent violence.

ALSO READ: After Ruckus In Advocates Association Election, Madras High Court Asks Teller Committee To File Report