Madras High Court Weekly Round-Up: November 28 - December 4, 2022

NOMINAL INDEX

G Deepa and another v The General Manager and others, 2022 LiveLaw (Mad) 480

Rajamani v The Inspector General of Police (South Zone) and others, 2022 LiveLaw (Mad) 481

KR Raja v State, 2022 Livelaw (Mad) 482

Suo Motu v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 483

V Annadurai v The Additional Chief Secretary to Government and others, 2022 LiveLaw (Mad) 484

SP Narayanan v District Collector, Thoothukudi, 2022 LiveLaw (Mad) 485

Arappor Iyakkam v The Director and others, 2022 LiveLaw (Mad) 486

A Veronica Mary v The State of Tamil Nadu and others, 2022 LiveLaw (Mad) 487

Latha Educational Society Kaniyamoor v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 488

Yuvraj and others v State, 2022 LiveLaw (Mad) 489

L Muruganandam v The State and others, 2022 LiveLaw (Mad) 490

Edappadi K Palanisamy v Arappor Iyakkam and others, 2022 LiveLaw (Mad) 491

U Akbar Ali v The State of Tamil Nadu and another, 2022 LiveLaw (Mad) 492

M Seetharaman v The Commissioner HR&CE and another, 2022 LiveLaw (Mad) 493

Tvl.Marimuthu Venkateshwaran Versus The Commissioner, 2022 LiveLaw (mad) 494

REPORT

1. Banks Imposing Ceiling Limit In Non-Base Branches To Prevent Frauds Does Not Violate Banking Regulations Act Or NI Act: Madras High Court

Case Title: G Deepa and another v The General Manager and others

Citation: 2022 LiveLaw (Mad) 480

The Madras High Court recently observed that banks setting up ceiling limits based on the Reserve Bank of India's circular in non-base branches are not violative of the Banking Regulation Act.

Justice N Sathish Kumar further observed that when the account holder himself opened the bank account knowing all the restrictions put up on non-base branches, he could not later complain that the same is violative of his property right.

Thus, finding no merits in the petition, the court dismissed the same. The court also opined that it was open to the RBI and other banks to modify the restrictions and to enhance the ceiling limits.

2. Madras HC Expands Scope Of Habeas Corpus Plea, Seeks Police Superintendent's Report After Detenue Claims Her Rape Complaint Was Not Duly Considered

Case Title: Rajamani v The Inspector General of Police (South Zone) and others

Citation: 2022 LiveLaw (Mad) 481

Coming to the aid of a detenue, whose rape complaints were not properly considered by the police officials, the Madras High Court expanded the scope of a Habeas Corpus Petition and went on to seek a status report from the Superintendent of Police regarding the allegations.

The detenue was kept at a care home following registering of a rape complaint and not allowed to meet her family. The counsel for the petitioner informed the court that the hardships that the detenue had to go through, being a victim of rape to register her complaints. He submitted that her complaints were not duly looked into by the authorities.

Hearing this submission, the bench of Justice MS Ramesh and Justice Anand Venkatesh sought a status report.

3. Make Tourist Destinations Accessible For Disabled: High Court Directs Tamil Nadu Govt

Case Title: KR Raja v State

Citation: 2022 Livelaw (Mad) 482

The Madras High Court has directed the State government to take steps and make all tourist destinations in Tamil Nadu accessible for disabled persons in accordance with the standards of accessibility as formulated under section 40 of the Rights of Persons with Disabilities Act, 2016.

The bench of Justices R Mahadevan and J Sathya Narayana Prasad remarked,

Accessible tourism is integral for equal participation of persons with disabilities in recreational and cultural life, like the other persons. It also applies to the senior citizens and elderly persons to experience and participate fully in their older years.

It therefore directed the State to devise a program in consultation with expert bodies to make tourist destinations accessible for all.

4. [Ragging At CMC Vellore] Madras High Court Closes Suo Moto Proceedings After College Lists Out Actions Taken

Case Title: Suo Motu v State of Tamil Nadu and others

Citation: 2022 LiveLaw (Mad) 483

The Madras High Court on Tuesday closed the suo moto proceedings that were initiated following a ragging incident at Christian Medical College, Vellore.

Acting Chief Justice T Raja and Justice D Krishnakumar took note of the 'preventive actions' taken by the college to ward off any future incidents of ragging.

A police complaint was filed after a video went viral detailing the incidents of mass ragging at CMC Vellore. Based on the complaint, seven students were suspended.

Following news reports of the incident, the Court took suo moto cognisance of the incident.

5. Corruption Cases In Tamilnadu Pending Trial Since 1983 Onwards, Must Be Dealt With Priority By Both Special And Regular Courts: Madras HC

Case Title: V Annadurai v The Additional Chief Secretary to Government and others

Citation: 2022 LiveLaw (Mad) 484

While hearing a plea by a former Senior Driver seeking terminal and pensionary benefits which were not settled in light of a corruption case against him, the Madras High Court expressed deep unhappiness over the pendency of corruption cases in the state.

As per a status report filed by the Superintendent of Police, Vigilance and Anti-Corruption Department, nearly 1635 corruption cases are pending across the State of Tamil Nadu and those cases were registered from the year 1983 onwards.

Justice SM Subramaniam noted that with such pendency there was no possibility of controlling corrupt practices among public servants. Further, when criminal proceedings are kept pending for such a long period, the offenders will get encouragement to escape the clutches of law.

6. Temple Land Cannot Be Used To Bury Dead Bodies: Madras High Court Slams Authorities For 'Callous Attitude'

Case Title: SP Narayanan v District Collector, Thoothukudi

Citation: 2022 LiveLaw (Mad) 485

Hearing a plea seeking measures against use of temple land as a burial ground, the Madras High Court observed that while the right to be cremated or buried is an essential part of fundamental right to practise one's religion, the same cannot be allowed on the land belonging to temples.

"At the same time, it cannot be allowed to bury dead bodies in the land belonging to the temple. This court has time and again retierated that the lands belonging to the temples are used only for religious purposes and the activities connected therein"

The bench of Justice R Mahadevan and Justice J Sathya Narayana Prasad said that the Hindu Religious and Charitable Endowment (HR&CE) department, being the custodian of temples, should take all possible steps to remove encroachments and unauthorised occupation.

7. Madras High Court Quashes DVAC Proceedings Against Former Minister SP Velumani In Illegal Tender Allocation Case

Case Title: Arappor Iyakkam v The Director and others

Citation: 2022 LiveLaw (Mad) 486

The Madras High Court on Wednesday quashed one of the two FIRs filed by the Directorate of Vigilance and Corruption (DVAC) against former Minister SP Velumani. The court quashed the DVAC proceeding were the former minister was alleged to have awarded tenders irregularly while he was in office as the Minister of Municipal Administration.

The bench of Justice PN Prakash and Justice RMT Teekaa Raman further held that prosecution in another case involving disproportionate assets would continue. It is alleged that the minister along with 11 others amassed wealth to the tune of over ₹58.23 crore that was disproportionate to their known sources of income during 2016-21. As per the FIR, it is also alleged that the Minister had channelized his ill-gotten wealth into other firms/companies owned by his relatives or associates.

8. Madras High Court Asks Schools To Frame Anti-Sexual Harassment Policy, Provide Reporting & Redressal Mechanism To Students

Case Title: A Veronica Mary v The State of Tamil Nadu and others

Citation: 2022 LiveLaw (Mad) 487

Observing that sexual harassment in educational institutions continues to remain inadequately addressed, the Madras High Court recently issued directions to the State government for proper implementation of the law and policies framed against sexual abuse of children.

The division bench of Justice R Mahadevan and Justice Sathya Narayana Prasad directed the school education department to coordinate with the State Commission for Protection Of Child Rights to ensure that an Internal Complaints Committee is constituted in the schools as required under under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The court also said the schools may frame anti-sexual harassment policy and distribute it among students and teachers. Importantly, the court said it needs to be ensured that every schools has reporting and redressal mechanism in place.

9. Kallakurichi Student Death | Madras High Court Permits School Re-Opening For Classes 9-12 On Trial Basis

Case Title: Latha Educational Society Kaniyamoor v State of Tamil Nadu and others

Citation: 2022 LiveLaw (Mad) 488

The Madras High Court on Wednesday permitted Latha Educational Society to reopen its two schools, which were vandalised in July following the death of a school girl, for classes IX-XII on a trial basis for one month

Justice R Suresh Kumar said the students in the higher classes have to appear in the half-yearly examination this month and at least for that, the classes need to be opened so that they can prepare for and write the exams well.

The court directed that the District Administration, headed by the District Collector and the District Superintendent of Police, to visit the school before the date of reopening and hold discussions with the school management and other stakeholders on security arrangements in the school premises and the locality.

10. [Gokulraj Murder Case] Madras High Court Initiates Suo Moto Contempt Proceedings Against Witness For Making False Statement Under Oath

Case Title: Yuvraj and others v State

Citation: 2022 LiveLaw (Mad) 489

The Madurai bench of the Madras High Court has initiated suo moto contempt proceedings against Swathi, a prime witness to the Gokulraj Murder Case.

While hearing the appeals challenging the life imprisonment, the madurai bench of Justice MS Ramesh and Justice Anand Venkatesh summoned Swathi.

During the previous hearing on November 25, Swathi was showed CCTV footages of the deceased Gokulraj coming out of the temple with her. Though Swathi identified the man in the video as Gokulraj, she failed to identify the woman as herself.

The court however observed that Swathi was making false statements under oath. When asked if she was being forced to make such statements, Swathi started weeping and later fainted.

Even though the court warned that contempt proceedings will be initiated for such acts, Swathi stood by her statements. This led the court to initiate contempt proceedings against Swathi.

11. 'Reflects Upon Entire Police Force': Madras HC Shocked To Learn That Sub-Inspector Hasn't Read Arrest Guidelines In Arnesh Kumar Case

Case Title: L Muruganandam v The State and others

Citation: 2022 LiveLaw (Mad) 490

Shocked over the fact that a Police Sub-Inspector had not even read the judgment of Arnesh Kumar v. State of Bihar which provides guidelines on arrest, the Madras High Court observed that the Chief of Police had a duty to ensure that the guidelines reached every police officer.

The bench of Justice R Subramanian and Justice K Kumaresh Babu was hearing a plea by a lawyer, who was suffering from locomotive disability seeking an enhancement of compensation in an order of the State Human Rights Commission. The petitioner had claimed that his arrest was improper and there was a blatant human rights violation.

Finding that the police force in the State was not given proper sensitisation to handle cases involving persons with disability, the court directed the Additional Chief Secretary to Government of Tamil Nadu, Home Department to ensure that district wise sensitisation is carried out.

The court added that similar guidelines should also be issued to Government Doctors who examine such persons with disabilities who run into conflict with law and are brought for medical examination.

READ MORE: Non-Provision Of Certain Amenities For Disabled Inmate During Short Period Of Incarceration Not A Serious Human Rights Violation: Madras HC

12. 'Right To Free Speech Does Not Give Right To Defame': Madras HC Restrains NGO From Making Derogatory Statements Against Ex-CM Edappadi Palaniswamy

Case Title: Edappadi K Palanisamy v Arappor Iyakkam and others

Citation: 2022 LiveLaw (Mad) 491

The Madras High Court on Friday temporarily restrained NGO Arappor Iyakkam from making any derogatory statements against former Tamil Nadu Chief Minister Edappadi K Palaniswamy.

While granting the interim injunction in favour of Palaniswamy, the bench of Justice Krishnan Ramaswamy observed that the right to free speech guaranteed under the Indian Constitution does not give a right to defame others.

The court said any baseless publication would have considerable impact throughout the career of a politician.

13. 'One Can't Carry His Caste After Conversion': Madras High Court Rejects Backward Quota Claim Of Man Who Converted To Islam From Hinduism

Case Title: U Akbar Ali v The State of Tamil Nadu and another

Citation: 2022 LiveLaw (Mad) 492

The Madras High Court recently observed that a person who has converted to another religion cannot claim the benefits of his community before conversion unless it is expressly granted by the State.

Justice GR Swaminathan further added that whether a person who has converted to another religion can be given the benefit of community reservation was a matter pending adjudication before the Supreme Court. Thus, it was not for the High Court to decide the matter.

14. Prohibit Use Of Mobile Phones Inside Temples, Sanctity To Be Preserved : Madras High Court Directs TN HR&CE Dept

Case Title: M Seetharaman v The Commissioner HR&CE and another

Citation: 2022 LiveLaw (Mad) 493

While directing Tamil Nadu Government to impose restrictions against usage of mobile phones inside temple premises in the State of Tamil Nadu the Madras High Court observed that though Article 25 of the constitution entitles everyone the freedom of religion, the same is subject to regulations inside the temple premises.

Justice R Mahadevan and Justice Sathya Narayana Prasad of the Madurai bench observed that the usage of mobile phones and cameras inside the temple which diverts the attention of the devotees can be regulated by the temple authorities concerned.

The court observed that under Section 4 of the Tamil Nadu Temple Entry Authorization Act 1947, the Trustees or authority-in-charge of a temple was empowered to make regulations for the maintenance of order and decorum of the temple. The Tamil Nadu Temple Entry Authorization Act 1947 also prescribes certain code of conduct for maintenance of order and decorum in the temple, apart from the regulations made by the trustee or authority as the case may.

15. Cancellation Of GST Registration On Health Issues; Madras High Court Revokes

Case Title: Tvl.Marimuthu Venkateshwaran Versus The Commissioner

Citation: 2022 LiveLaw (mad) 494

The Madurai Bench of the Madras High Court has lifted the cancellation of the GST registration as the tax returns were not filed by the taxpayer due to health-related issues.

The single bench of Justice Mohammed Shafiq, while considering the directions issued in the cases of Tvl. Suguna Cutpiece Vs Appellate Deputy Commissioner (ST) (GST) and others, has directed the department to revoke the cancellation of the GST registration.

OTHER DEVELOPMENT

1. "Bike Vloggers" Use Modified Bikes Without RTO Permit, Indulge In Rash Driving: Plea In Madras High Court, Notice Issued

Case Title: M Vignesh v. The Chief Secretary and others

Case No: WP No. 31735 of 2022

Acting Chief Justice T Raja and Justice D Krishnakumar on Monday sought the State's response on a lawyer's plea seeking to frame rules and regulations against bike riders who drive their bikes in a rash and dangerous manner in public places and to prevent usage of modified/altered bikes without proper permission from the Regional Transport Officer (RTO) in the state of Tamil Nadu.

The petitioner, M Vignesh, a lawyer by profession, submitted in his affidavit that the State of Tamil Nadu had seen a humongous increase in the number of rash and negligent driving cases in the past five years. According to the petitioner, one reason for the same is the racing and rash driving culture that has increased in the State where bike riders were doing dangerous stunts on public roads.

2. Online Crowdfunding Not A Healthy Way Of Collecting Donations: Madras High Court Says While Hearing Youtuber Karthik Gopinath's Plea

Case Title: S Karthik Gopinath v The Executive Officer and others

Case No: WP No. 29836 of 2022

While hearing Youtuber Karthik Gopinath's plea seeking recognition as a donor to transfer around 30 lakhs rupees that he had collected through "Milaap" for renovating damaged temples, the Madras High Court observed that online crowdfunding may not be a healthy way of collecting donations.

This is not a healthy way of collecting funds. The online system may be helpful in some ways, but it also poses many risks. Here, the petitioner has come forward, but what about others who have collected many and have failed to declare it? Justice PD Audikesavalu asked.

3. TN Governor RN Ravi Incurred Disqualification By Accepting 'Office Of Profit': Plea In Madras High Court

The Kancheepuram District President of the Thanthai Periyar Dravidar Kazhagam has approached the Madras High Court challenging the authority by which Governor RN Ravi is continuing to hold office as he has been appointed as the Chairman of the Auroville foundation.

The petitioner, M Kannadasan submitted that as per Section 13 of the Auroville Foundation Act, the Chairman was entitled to salaries and allowances along with other benefits like leave, pension, provident fund etc as fixed by the Central Government. Drawing attention to Article 158(2) of the Constitution of India which prohibits the Governor from holding any other office of profit, Kannadasan submitted that the moment Ravi accepted the position of Chairman, he was disqualified to continue in the office of the Governor.

4. Madras HC Reserves Order On Isha Foundation's Challenge Against Notice On Alleged Violation Of Environment Clearance Norms

The Madras High Court on Wednesday reserved orders on Isha Foundation's plea against Tamil Nadu government's notice initiating prosecution against the foundation for carrying out construction work between 2006-2014 at Coimbatore, without obtaining mandatory environmental clearance as per the Central Government's Environment Impact Assessment Notification, 2006.