Madras High Court Weekly Round-Up: October 16 to October 22, 2023

Citations: 2023 LiveLaw (Mad) 317 To 2023 LiveLaw (Mad) 327

NOMINAL INDEX

Tamil Nadu Football Association and Others v Pennar Junior FC and Others, 2023 LiveLaw (Mad) 317

Dr Vinith v State and Others, 2023 LiveLaw (Mad) 318

Mr K Ramachandran v The Principal Secretary to Government and Others, 2023 LiveLaw (Mad) 319

Tamil Nadu All Village Panchayat President Welfare Association v State of Tamil Nadu, 2023 LiveLaw (Mad) 320

Raja Desingu v The State of Tamil Nadu and Others, 2023 LiveLaw (Mad) 321

Sutherson v The Deputy Superintendent of Police and Another, 2023 LiveLaw (Mad) 322

V Senthil Balaji v The Deputy Director, 2023 LiveLaw (Mad) 323

B Mubeena v The State and Others, 2023 LiveLaw (Mad) 324

N.Uganchand Kumawat v The Inspector of Police, 2023 LiveLaw (Mad) 325

M/s Jayapradha Cine Theatre v. Employees State Insurance Corporation, 2023 LiveLaw (Mad) 326

G.K.Reddy Versus DCIT, 2023 LiveLaw (Mad) 327

REPORT

Madras High Court Constitutes Committee To Manage Affairs Of TN Football Association, Says Players Can't Be Deprived Opportunity Amid Disputes

Case Title: Tamil Nadu Football Association and Others v Pennar Junior FC and Others

Citation: 2023 LiveLaw (Mad) 317

The Madras High Court recently appointed an administrative committee headed by Justice AK Rajan (Retd) and consisting four other members to look into the affairs of the Tamil Nadu Football Association till a new administrative committee was appointed.

The bench of Justice R Mahadevan and Justice Mohammed Shaffiq was hearing an appeal preferred by the association again the order of a single judge finding it guilty of wilfully disobeying an earlier court order with respect to the management of the association and conduct of election to the association. Noting that disputes between the associations were depriving opportunities for young players, the court stressed that sports symbolises the spirit of brotherhood, tolerance, mutual respect, leadership quality, command and communication, fostering the spirit of accepting victory and defeat as one and the same.

Madras High Court Refuses To Quash Proceedings Against Doctor Accused Of Causing Death By Botched Up Hair Transplant

Case Title: Dr Vinith v State and Others

Citation: 2023 LiveLaw (Mad) 318

The Madras High Court recently refused to quash criminal proceedings initiated against a Doctor allegedly for causing the death of a patient due to a hair transplant.

Justice Sivagnanam said the matter needs to be adjudicated on the facts of the case which the High Court could not do under Section 482 CrPC. The court added that questions such as fitness of the centre to do hair transplants and competency of the doctor to perform the surgery had to be looked into, which required enquiry. Thus, finding that the plea did not meet the parameters for quashing the proceedings as laid down by the Supreme court, the court dismissed the petitions.

Madras High Court Asks Govt To Consider Permitting Screening Of Vijay-Starrer 'Leo' From 7AM Instead Of 9AM

Case Title: Mr K Ramachandran v The Principal Secretary to Government and Others

Citation: 2023 LiveLaw (Mad) 319

The Madras High Court has directed the State of Tamil Nadu to consider permitting the screening of the upcoming Vijay starrer 'Leo' movie from 7 a.m. instead of 9 a.m.

Justice Anita Sumanth made the directions on a plea filed by K Ramachandran, producer of the film seeking permission for screening of a special show from 7 a.m. and to permit an additional special show on the date of release at 4 am.

Madras High Court Judge Says Jal Jeevan Tenders Cannot Bypass Panchayat President But Refers Issue To Chief Justice Citing Contrary Decision

Case Title: Tamil Nadu All Village Panchayat President Welfare Association v State of Tamil Nadu

Citation: 2023 LiveLaw (Mad) 320

While hearing a plea seeking to give powers to the Panchayat Presidents to invite and accept tenders in the Jal Jeevan Mission scheme, the Madras High Court commented that work in such schemes falls within the domain of the local bodies and the panchayat presidents should not be bypassed and reduced to the level of a rubber stamp.

Justice GR Swaminathan thus took a different view than the one already taken by a single judge pertaining to the same facts. The judge, however suggested that since a single judge had already rejected a plea in this regard, it was not appropriate for him to allow the petition and thus directed the registry to place the papers before the Chief Justice to take a call on the matter.

“State’s Rejection Order Contrary To Secular And Democratic Way Of Governance”: Madras High Court Allows RSS To Conduct Route March

Case Title: Raja Desingu v The State of Tamil Nadu and Others

Citation: 2023 LiveLaw (Mad) 321

While directing the police authorities in the State to grant permission to the Rashtriya Swayamsevak Sangh (RSS) to carry out route marches, the Madras High Court observed that the State’s decision to deny permission in the first instance was against the secular and constitutional principles in the State.

Justice G Jayachandran noted that the state had denied permission to RSS by merely stating that there were other structures and places of worship in the intended route which was against the constitutional principle of Secularism.

Madras High Court Directs Murder Trial To Be Conducted Inside Jail Premises Considering Life Threat To Accused And Witnesses

Case Title: Sutherson v The Deputy Superintendent of Police and Another

Citation: 2023 LiveLaw (Mad) 322

The Madras High Court recently directed the trial of a murder case to be conducted inside the prison premises keeping in mind the life threat to the accused and the victims in the case. Noting that extraordinary circumstances require extraordinary remedies, the court added that its powers were not fettered and could be used in extraordinary situations.

Justice KK Ramakrishnan was hearing an appeal by one Sutherson against the rejection of bail by the Special Court in Thoothukudi. The allegation against Sutherson was that he was involved in the murder of one Muthukumar, a practicing advocate in the Thoothukudi and the Tirunelveli Bar Association.

Madras High Court Refuses Bail To Tamil Nadu Minister Senthil Balaji On Medical Grounds

Case Title: V Senthil Balaji v The Deputy Director

Citation: 2023 LiveLaw (Mad) 323

The Madras High Court on Thursday rejected the bail plea by Tamil Nadu Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate in June this year in connection with a cash-for-job money laundering case.

Justice G Jayachandran dismissed the application made by the Minister seeking bail on Medical grounds. The court observed that Balaji's medical condition was not one that could be taken care of only if he was released on bail.

The court also added that Balaji's present position as a Minister without portfolio, abscondance, and non-cooperation by his brother and co-accused Ashok Kumar and the attacks on the income tax officials during the time of the raid would all lead to a conclusion that he could directly or indirectly influence the witnesses.

Coimbatore Blasts: Madras High Court Grants 3 Months Interim Bail To Al-Ummah Leader SA Basha For Treatment

Case Title: B Mubeena v The State and Others

Citation: 2023 LiveLaw (Mad) 324

The Madras High Court has granted interim bail to SA Basha, founder of the banned terrorist organization Al-Ummah and one of the convicts in the 1998 Coimbatore Blasts case.

The bench of Justice SS Sundar and Justice Sunder Mohan decided to grant him interim bail for a period of 3 months after noting that he is bedridden and undergoing treatment in the Coimbatore Medical College Hospital. The court thus granted bail on the execution of a personal bond of Rs. 25,000 to the satisfaction of the Trial Court.

Considering that Basha was taking treatment for his illness, the court also deemed it fit to dispense his reporting before the local police station. The court however directed the State authorities to submit a report regarding his conduct before the expiry of the three-month period and asked Basha not to leave the State of Tamil Nadu without informing the local police station in writing.

[NDPS Act] Samples To Be Drawn In Magistrate’s Presence, Mere Production Before Court Not Sufficient To Satisfy S.52A: Madras High Court

Case Title: N.Uganchand Kumawat v The Inspector of Police

Citation: 2023 LiveLaw (Mad) 325

The Madras High Court recently emphasised that as per Section 52(A) of the Narcotics and Psychotropic Substances Act, the samples have to be drawn in the presence of a Magistrate and merely producing the samples before the court after seizing it is not sufficient to fulfil such condition.

Justice P Dhanabal thus set aside the conviction of a man under the Act as the prosecution agency had failed to follow the procedures laid down under the Act and by the Apex Court.

Madras High Court Refuses To Suspend Sentence Of Actress Jayaprada Over Non-Payment Of ESI Dues, Asks Her To Surrender And Make Deposit

Case Title: M/s Jayapradha Cine Theatre v. Employees State Insurance Corporation,

Citation: 2023 LiveLaw (Mad) 326

The Madras High Court has refused to suspend the sentence against actress and former Member of Parliament Jayaprada and others in a case pertaining to non-payment of dues under the Employee State Insurance Act.

Jayapradha and other partners of the Jayaprada Cine Theatre were sentenced to six months simple imprisonment and a fine of Rs.5000 in April this year by a Metropolitan Magistrate Court. Though they had sought for suspension of sentence, the Principal District and Sessions Judge had dismissed the applications.

Justice G Jayachandran observed that the appellate court was right in refusing to suspend the sentence when the accused had not surrendered or appeared before the trial court on the date of judgment. Looking into the history of the case and the conduct of the case, the court observed that the track record of the case justified the order.

Madras HC Directs Income Tax Dept. To Lift Attachment Of Pension Account Considering Age, Ailment Of Assessee

Case Title: G.K.Reddy Versus DCIT

Citation: 2023 LiveLaw (Mad) 327

The Madras High Court has directed the income tax department to lift the attachment of the pension account of the assessee considering his age and ailment.

The bench of Justice R. Mahadevan and Justice Mohammed Shaffiq passed this order noting that the entire pension amount, with arrears, is lying in the bank account of the appellant or assessee. It is also seen that only a sum of Rs. 1,35,000 lying in that account relates to other amounts.

OTHER DEVELOPMENTS

Sanatana Dharma Row | Only Talked About Discriminatory Religious Practices, Article 25 Also Includes Right To Profess Atheism: Udhayanidhi Tells Madras HC

Replying to petitions challenging the authority with which Ministers Udhayanidhi Stalin, Sekar Babu and MP A Raja were continuing in public office in light of their remarks on Santana Dharma, the Tamil Nadu Youth Welfare and Sports Minister Udhayanidhi Stalin informed the Madras High Court that he had great respect for all religions and had no intention to belittle or disrespect any religion. The Minister also informed the court that he was only against the religious practices that discriminated against people.

The submissions were made by Senior Advocate P Wilson before Justice Anita Sumanth.

In his counter, Udhayanidhi submitted that being one of the torch bearers of the Dravidian movement, he was expected to adhere and propagate the Dravidian principles which speak of self-respect, equality, rational thought and brotherhood. He further submitted that the petitioners, who belonged to a party affiliated with the BJP, were attempting to use the court as a battleground for a political/ social debate without any legal question.