Madras High Court Weekly Round-Up: November 27 To December 3, 2023
Upasana Sajeev
4 Dec 2023 10:00 AM IST
A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 366 To 2023 LiveLaw (Mad) 379 NOMINAL INDEX Tamil Nadu State Transport Employees’ Federation v Government of Tamil Nadu, 2023 LiveLaw (Mad) 366 Gunasekaran v The State of Tamil Nadu and Others, 2023 LiveLaw (Mad) 367 State of Tamil Nadu v Enforcement Directorate, 2023 LiveLaw...
A weekly round-up of important cases from the Madras High Court
Citations: 2023 LiveLaw (Mad) 366 To 2023 LiveLaw (Mad) 379
NOMINAL INDEX
Tamil Nadu State Transport Employees’ Federation v Government of Tamil Nadu, 2023 LiveLaw (Mad) 366
Gunasekaran v The State of Tamil Nadu and Others, 2023 LiveLaw (Mad) 367
State of Tamil Nadu v Enforcement Directorate, 2023 LiveLaw (Mad) 368
T M Selvaganapathy and Others v State, 2023 LiveLaw (Mad) 369
Yohann J.Setna v State of Tamil Nadu, 2023 LiveLaw (Mad) 370
J Jayaraj and Others v The Chief Educational Officer, 2023 LiveLaw (Mad) 371
Lakshmichandra Harishchandra Sharma v Union of India and Another, 2023 LiveLaw (Mad) 372
Mangalam v. The State Government and Others, 2023 LiveLaw (Mad) 373
K Gopinath v District Collector, 2023 LiveLaw (Mad) 374
G.Selvamoorthy v The Chief Engineer (Personnel), 2023 LiveLaw (Mad) 375
K Annamalai v V Piyush, 2023 LiveLaw (Mad) 376
T Ganesan v Government of India and Others, 2023 LiveLaw (Mad) 377
State of Tamil Nadu v K Parvathy, 2023 LiveLaw (mad) 378
S.Uttam Chand Versus ACIT, 2023 LiveLaw (Mad) 379
REPORT
Case Title: Tamil Nadu State Transport Employees’ Federation v Government of Tamil Nadu
Citation: 2023 LiveLaw (Mad) 366
The Madras High Court recently stressed on the importance of Trade unions and observed that unions were as important as a strong opposition in a democratic set up.
Justice R Hemalatha was hearing a plea by the Tamil Nadu State Transport Employees’ Federation challenging the decision of the Metropolitan Transport Corporation Limited to engage drivers and conductors through a man power agency to operate regular bus operations.
The court advised the authorities to adopt a more transparent and easier process to recruit drivers instead of venturing into the outsourcing mode through man power agencies. The court also allowed the plea and set aside the tender notification calling for employment of drivers and conductor.
Case Title: Gunasekaran v The State of Tamil Nadu and Others
Citation: 2023 LiveLaw (Mad) 367
While dismissing a challenge made to the Tamil Nadu Land Encroachment Act, the Madras High Court observed that a person unauthorisedly occupying a land cannot claim protection under Article 21 of the Constitution when the eviction proceedings were as per law.
The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy also observed that the Act did not violate Article 19 of the Constitution as a right to reside and settle in any part of the country would not mean residing unauthorisedly. The court added that a person who unauthorisedly possesses a property could not say that he had a constitutional right to unauthorisedly occupy the land.
Madras High Court Stays ED Summons To District Collectors In Sand Mining Money Laundering Case
Case Title: State of Tamil Nadu v Enforcement Directorate
Citation: 2023 LiveLaw (Mad) 368
The Madras High Court has stayed the operation of the summons issued by the Enforcement Directorate to the district collectors in sand mining money laundering case. The court has however allowed the investigation to go on.
The division bench of Justice SS Sundar and Justice Sunder Mohan passed the interim orders in a batch of pleas challenging the summons issued by the Enforcement Directorate to District Collectors in Tamil Nadu in an alleged sand mining money laundering case. The court granted three weeks time to the directorate to respond to the case.
Madras High Court Sets Aside Conviction Of Former MP TM Selvaganapathy In Cremation Shed Scam
Case Title: T M Selvaganapathy and Others v State
Citation: 2023 LiveLaw (Mad) 369
The Madras High Court has set aside the conviction of former Rajya Sabha MP T M Selvaganapathy in the cremation shed scam.
Justice G Jayachandran acquitted Selvaganapathy and set aside the sentence of two years imprisonment imposed by a special court for CBI cases in 2014. Selvaganapathy had lost his Rajya Sabha membership following the conviction.
The CBI court had sentenced Mr. Selvaganapathy, the then Minister for Rural Development and Local Administration; J.T. Acharyulu, former Secretary, Rural Development; M. Sathyamurthy, former Director, Rural Development; M. Krishnamurthy, retired project officer; and T. Bharathi to two-year rigorous imprisonment and imposed a penalty of Rs. 25,000 on each of them.
Case Title: Yohann J.Setna v State of Tamil Nadu
Citation: 2023 LiveLaw (Mad) 370
The Madras High Court recently quashed a forgery case upon noting that the final report on the matter had been filed after an inexplainable delay of seven years. The court noted that the trial court should not have taken cognizance of the final report as the same was barred by limitation.
Justice GK Ilanthiraiyan noted that the purpose of a speedy trial was to avoid oppression and prevent delay by imposing a positive obligation on the courts and the prosecution. In the present case, the court observed that when the delay was not due to the fault of the petitioner, allowing the proceedings to continue would be an abuse of the process of law.
Case Title: J Jayaraj and Others v The Chief Educational Officer
Citation: 2023 LiveLaw (Mad) 371
The Madras High Court recently underlined that right to protect peacefully without arms was guaranteed under Article 19 of the Constitution and was an integral part of a democratic country like India. The court added that right to protest was an integral part of speech and inherent facet of right to live guaranteed under Article 21 of the Constitution.
Justice L Victoria Gowri also noted that when attempts was made to constrain legitimate dissent arbitrarily, which in turn scuttled the democratic values guaranteed by the Constitution, it had to be dealt with iron hands.
Case Title: Lakshmichandra Harishchandra Sharma v Union of India and Another
Citation: 2023 LiveLaw (Mad) 372
The Madras High Court has asked the Central Government to reconsider enhancing the retirement age of all Coast Guard staff from 57 years to 60 years. The court also set aside an order of the Defence Ministry rejecting a plea by Coast Guard members below the rank of Commandant seeking such enhancement.
The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy also gave liberty to the members of the Coast Guard to make representations and submit materials justifying how Ministry's rejection of the plea was incorrect.
The court was hearing a batch of petitions filed by members of the Coast Guard challenging the Constitutional Validity of Rule 20(1) of the Indian Coast Guard Rules 1986 and an order passed by the Ministry of Defense refusing to enhance the age of retirement of members of the Coast Guard up to the level of commandant to 60 years from 57 years.
Case Title: Mangalam v. The State Government and Others, WP (MD) 21450/2021
Citation: 2023 LiveLaw (Mad) 373
While dealing with a case relating to illegal quarrying, the Madras High Court recently remarked that law must be potent enough to deal with people in power and those having higher connections.
Justice N Anand Venkatesh observed that law was not only meant to be used against ordinary citizens but against the powerful also, whenever they committed any illegal act. The court added that if no action was to be taken against such persons, the law will remain a damp squib.
The court was hearing a plea seeking action against a private individual (respondent No.9), alleging that he had been illegally quarrying the lands belonging to the petitioner without any valid permission.
Case Title: K Gopinath v District Collector
Citation: 2023 LiveLaw (Mad) 374
Upholding the tenets of religious harmony in India, the Madras High Court recently dismissed a man’s review petition against an earlier decision which dismissed his plea challenging the construction of a mosque near a temple.
Noting that no new grounds were set up in the review, the bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that an appeal could not be disguised as a review and that the jurisdiction of the court in the review was very narrow and could be exercised only if there was an apparent error.
Case Title: G.Selvamoorthy v The Chief Engineer (Personnel)
Citation: 2023 LiveLaw (Mad) 375
The Madras High Court has recently observed that in service jurisprudence when two interpretations could be given to rules relating to penalty and punishment, the one favourable to the employee should be given effect.
In allowing the plea by directing an enhancement in the petitioner's retirement benefits, Justice RN Manjula observed that since service jurisprudence was similar to penal jurisprudence due to the imposition of a penalty, such a view, akin to one taken in penal jurisprudence while giving the accused the benefit of doubt, could be imported to service jurisprudence as well.
Case Title: K Annamalai v V Piyush
Citation: 2023 LiveLaw (Mad) 376
The Madras High Court has recently stayed all further proceedings against Tamil Nadu BJP Head K Annamalai in the defamation case filed by one V Piyush.
Justice G Jayachandran observed that prima facie, a case had been made out to quash the defamation complaint, as Piyush failed to establish his locus standi.
The case pertains to alleged hate speech made by Annamalai against a Christian Missionary NGO. The leader is stated to have said that it was the Christian NGO that first approached the Supreme Court to ban crackers during Diwali.
In October this year, the Tamil Nadu Government had accorded sanction to prosecute Annamalai. In his legal opinion, State Public Prosecutor Hasan Mohammed Jinnah stated that Annamalai had intentionally and out of context uttered remarks about the Christian Missionary NGO which forced the missionary to file a petition before the Supreme Court.
Case Title: T Ganesan v Government of India and Others
Citation: 2023 LiveLaw (Mad) 377
The Madras High Court has recently directed the Union and State Governments to treat a Sri Lankan repatriate man and his family as Indian Citizens and to grant them all reliefs as announced by the Government of Tamil Nadu for Sri Lankan repatriates.
Justice GR Swaminathan of the Madurai bench was hearing the plea of a man, T Ganesan, who came to India 33 years ago, seeking confirmation of his Indian Citizenship by the authorities. It was his case, that though he had been registered as an Indian citizen with an Indian passport, his status as a citizen was not being recognised by the Indian authorities.
In allowing the man's plea, the court noted that India had signed three repatriation agreements with Sri Lanka in which India was obliged to repatriate six lakh persons from Sri Lanka and grant them citizenship.
The court further noted that though half a century had elapsed since the numbers were drawn up, India had conferred citizenship to only around 4,61,639 Indian Origin Tamils and had still not fulfilled their treaty obligations.
Case Title: State of Tamil Nadu v K Parvathy
Citation: 2023 LiveLaw (mad) 378
The Madras High Court recently observed that when special rules for recruitment to a particular post, had already granted a five-year age relaxation to candidates belonging to the Scheduled Caste/Scheduled Tribe, further relaxation under the General rules was impermissible.
The Court was seized of appeals by the State, challenging an order of a single bench which had set aside the cancellation of the appointment of some individuals to the post of “cook” under the Adi Dravidar Welfare Department. In doing so, the single bench extended the maximum age limit for application from 35 years to 40 years for candidates belonging to the SC/ST community.
In allowing the appeal, a division bench of Justice SM Subramaniam and Justice R Kalaimathi observed that such relaxation was beyond the scope of judicial review and the courts could not extend such age limits fixed by the employer under the statutory rules.
Case Title: S.Uttam Chand Versus ACIT
Citation: 2023 LiveLaw (Mad) 379
The Madras High Court has quashed the reassessment proceedings as the petitioner had disclosed the information with regard to the sale of agricultural land, and all the particulars with regard to the sale of agricultural land were disclosed before the Assessing Officer in full extent.
The bench of Justice Krishnan Ramasamy has observed that there is no failure on the part of the petitioner with regard to providing material facts, and the notice issued under Sections 148 and 149 of the Income Tax Act for reopening assessment for the Assessment Year 2013–14 is not sustainable, and the same is liable to be set aside.
OTHER DEVELOPMENTS
The Advocate General of Tamil Nadu has constituted an Internal Complaints Committee to deal with sexual harassment complaints against law officers of the Madras High Court.
In his order, AG R Shunmugasundaram said that he received a complaint of sexual harassment from a lawyer against a Senior Law Officer of the Madras High Court after which the ICC was constituted as contemplated under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
