Madras High Court Weekly Round-Up: July 17 To July 23

Citations: 2023 LiveLaw (Mad)199 To 2023 LiveLaw (Mad) 205

NOMINAL INDEX

C v S, 2023 LiveLaw (Mad) 199

RS Bharathi v. The Director of Vigilance and Anti Corruption and another, 2023 LiveLaw (Mad) 200

The State v S Ramasamy, 2023 LiveLaw (Mad) 201

Novi Digital Entertainment Pvt Ltd v Google LLC and others, 2023 Livelaw (Mad) 202

Jagadheeswari and Others v B Babu Naidu, 2023 LiveLaw (Mad) 203

Senthilvel v. Inspector of Police, 2023 LiveLaw (Mad) 204

K Thangarasu @ K Thangaraj v The Secretary, 2023 LiveLaw (Mad) 205

REPORTS

When Wife Initiates Proceedings For Vindication Of Her Rights, It Can Never Be Considered Mental Cruelty: Madras High Court Sets Aside Divorce Decree

Case Title: C v S

Citation: 2023 LiveLaw (Mad) 199

While setting aside a divorce decree, the Madras High Court said that when a wife initiates proceedings for vindication of her rights, it can never be termed as mental cruelty.

Justice R Vijayakumar of the Madurai Bench said:

“This Court is of the considered opinion that the divorce petition lacks pleadings with regard to the mental cruelty, desertion and the deposition of the husband relating to the said allegation do not support the case of the husband. The litigation initiated by the wife is only to protect her property rights and her custody of her son. When the initiation of such proceedings is for the vindication of her rights, the said proceedings can never be considered to be a ground for mental cruelty”.

Executive Merely Implementing Whatever Is Dictated By Party In Power, Political Parties Have Carefully Manipulated System: Madras High Court

Case Title: RS Bharathi v. The Director of Vigilancce and Anti Corruption and another

Citation: 2023 LiveLaw (Mad) 200

While criticising the Director of Vigilance and Anti Corruption for ordering a fresh inquiry against the former CM Edapaddi Palaniswami, the Madras High Court said that even almost 73 years since the Constitution of India started governing this country, the "harsh reality" is that the Executive has almost lost its independence and it has virtually turned into an organ "merely executing whatever is said/dictated/ordered by the political party, which is in power during the relevant point of time."

Justice N. Anand Venkatesh said that over a period of time, the political parties have carefully manipulated the system to such an extent that they have complete control over the Executive.

ALSO READ:Fresh Preliminary Inquiry Ordered Against Former CM Edappadi Palaniswami Only Because Of Change In Govt, Not Due To Fresh Material: Madras High Court

Nominate Nodal Officer To Deal With Requests Of Departments For Engaging AG, Other Law Officers; Clear Bills Expeditiously: Madras High Court To State

Case Title: The State v S Ramasamy

Citation: 2023 LiveLaw (Mad) 201

The Madras High Court has directed the State Government to nominate a Nodal Officer in the rank of Secretary or Additional Secretary of the State Government for dealing with the requests of various departments for the purpose of engaging Advocate General or Additional Advocate Generals in courts.

The directions were issued by a bench of Justice R Suresh Kumar and Justice KK Ramakrishnan in a plea filed by the State challenging an earlier order of a single judge directing the State to repay the eligible fee payable to S Ramasamy, former Additional Advocate General of Tamil Nadu from 2006-2011. Pending proceeding, the amount payable to Ramasamy was already paid and acknowledged by him.

Madras High Court Restrains Google From Delisting Disney+ Hotstar App From Play Store Over Failure To Accept New Payment Policy

Case Title: Novi Digital Entertainment Pvt Ltd v Google LLC and others

Citation: 2023 Livelaw (Mad) 202

The Madras High Court has temporarily restrained Google from delisting the mobile applications of Disney+ Hotstar from its Play Store. The court also directed Google to deduct only a 4% fee for in-app purchases made on the app.

Justice PT Asha passed the directions Tuesday on an application made by Novi Digital Entertainment, a subsidiary of Star India Private Limited which owns the online video streaming platform- Hotstar.

Burial At Non-Designated Places Contravenes Rules, Take Steps To Exhume Such Bodies And Bury In Designated Places: Madras High Court Full Bench

Case Title: Jagadheeswari and Others v B Babu Naidu

Citation: 2023 LiveLaw (Mad) 203

A full bench of the Madras High Court on Thursday ruled that after the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules 1999, came into force, any burials made at places that are not registered or licensed as Burial Grounds contravenes the rules and such bodies are to be exhumed and buried in proper designated places.

The bench of Justice R Mahadevan, Justice G Jayachandran, and Justice Mohammed Shaffiq was answering a reference made by the bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu, whether, under the 1999 Rules, the burial could take place at a place other than the designated land, more particularly when a designated land existed in the village. This reference was answered in the negative by the full bench.

Madras High Court Transfers Murder Trial Against DMK MP TRVS Ramesh From Cuddalore To Chengalpattu

Case Title: Senthilvel v. Inspector of Police

Citation: 2023 LiveLaw (Mad) 204

The Madras High Court on Thursday transferred the trial in a murder case against DMK MP TRVS Ramesh from Principal District and Sessions Court in Cuddalore to Chengalpattu.

Justice Anand Venkatesh passed the order on a plea moved by Senthilvel, son of the deceased Govindarasu. Though Senthilvel had raised various allegations against the MP and other co-accused, the court observed that it was transferring the case not on the basis of the allegations, but considering that a fair trial would not be possible in Cuddalore district where the accused is a sitting MP.

'If Temples Are Going To Perpetuate Violence, It Would Be Better To Close Down Those Temples': Madras High Court

Case Title: K Thangarasu @ K Thangaraj v The Secretary

Citation: 2023 LiveLaw (Mad) 205

The Madras High Court on Friday lamented that temple festivals these days are merely becoming centre stage for groups to show their strength and no devotion is actually involved in conducting the stage.

Justice Anand Venkatesh also noted that these festivals end up perpetuating violence where different groups end up fighting with each other and it is better to close down such temples to avert these instances of violence. The court added that unless a man drops his ego and goes to the temple to seek blessings, the whole purpose of having a temple is of no use.

OTHER DEVELOPMENTS

Supreme Court Collegium Recommends Appointment Of Two Advocates As Judges Of Madras High Court

The Supreme Court Collegium consisting of Chief Justice DY Chandrachud, Justice SK Kaul and Justice Sanjiv Khanna, on Tuesday recommended the names of two advocates for appointment as Judges of the Madras High Court. The two advocates are:

1. N Senthilkumar, and

2. G Arul Murugan

The recommendation comes after the Madras High Court Collegium recommended their names in its resolution dated August 3, 2022 and the same was concurred by Tamil Nadu Chief Minister and the Governor.

Madras High Court Issues Notice On Appeal Seeking Permission For AYUSH Doctors To Perform Ultrasound Techniques On Pregnant Women

Case Title: Tamil Nadu Ayush Sonologist Association v Union of India and others

Case No: WA 1780 of 2023

The Madras High Court on Thursday issued notices to the Central and State Governments in an appeal filed by the Tamil Nadu Ayush Sonologist Association challenging a single judge order dismissing their plea seeking permission to perform Ultra Sonogram and other Ultrasound techniques on pregnant women.

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu issued notice to the Union Ministry of Health and Family Welfare, Ministry of AYUSH, Central Council of Indian Medicine, Director of Medical and Rural Health Services and the Tamil Nadu Board of Indian Medicine returnable by September 25.

Senthil Balaji Cannot Continue In Cabinet By Just Keeping Order Of His Removal In Abeyance, Petitioners Opposing His Minister Status Tell Madras HC

Case Title: ML Ravi v Principal Secretary to Government and others

Case No: WP 18813 of 2023

In a batch of pleas challenging Senthil Balaji's continuation in the Tamil Nadu cabinet as a minister without portfolio, the petitioners on Friday argued before the Madras High Court that since the Governor had already ordered his removal from the Cabinet, he had to be sworn in again for continuing in the cabinet.

The submissions were made before the bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu. The court today adjourned the matter to next week for hearing the Advocate General's arguments.

Only Statues/Portraits Of Mahatma Gandhi And Saint Thiruvalluvar Permitted In Court Premises: Madras High Court Issues Circular To District Judges

In a circular issued on July 7th, the Registrar General (in charge) of Madras High Court has informed the District Judiciary that as per the resolution of the Full Court of Madras High Court, henceforth, except the statutes and portraits of Mahatma Gandhi and Saint Thiruvalluvar, no other portraits and pictures shall be displayed anywhere inside the court premises.

It added that all Principal District Judges/District Judges/Principal Judges/District Judge-cum-Chief Judicial Magistrate of the Districts and the Chief Judge, Puducherry are to strictly adhere to these resolutions. They were further directed to take action by giving suitable complaints to the Bar Council of Tamil Nadu and Puducherry.