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Important Judgments Of Madras High Court 2022
Upasana Sajeev
3 Jan 2023 5:30 PM IST
LiveLaw reported 525 judgements from Madras High Court in 2022. Here are some of the important decisions:'Right To Relax Can't Be Curbed Fearing Breach Of Morality': Madras HC Disagrees With Another Bench's Direction To Install CCTVs In SpasCase Title: Payel Biswas v. The Commissioner of Police, Trichy City & Ors.Citation: 2022 LiveLaw (Mad) 3While considering a writ petition filed...
LiveLaw reported 525 judgements from Madras High Court in 2022. Here are some of the important decisions:
Case Title: Payel Biswas v. The Commissioner of Police, Trichy City & Ors.
Citation: 2022 LiveLaw (Mad) 3
While considering a writ petition filed for obtaining a 'No Objection Certificate' from the Police for running a cross-massage centre, the Madras High Court has also analysed a recent single judge bench order for the installation of CCTV cameras inside Spa and Massage Centres.
The court observed in clear terms that mere apprehension about a breach of morality cannot be a valid ground to curb the right to relax, which is a part and parcel of the right to privacy. Referring to the landmark decision in Navtej Singh Johar & Ors. vs. Union of India & Ors, (2018) 10 SCC 1, the single judge bench pointed out that 'constitutional morality shall trump public morality'.
Case Title: M/s MRF Limited v. Ministry of Corporate Affairs and Ors.
Citation: 2022 LiveLaw (Mad) 10
The Madras High Court has recently held that under the writ jurisdiction there should be no interference with a preliminary enquiry ordered by the Competition Commission of India under Section 26(1) of the Competition Act.
The Court clarified that an order for investigation passed under S.26(1) is a preliminary order and does not attract any civil consequences and does not determine the issue raised against the parties finally and any interference by the court at that stage would only allow the parties to escape the investigation itself that would defeat the object sought to be achieved by the Act and thus, the court held that the learned single judge was right in not interfering with the order of CCI and in dismissing the petition.
Case Title: SpiceJet Limited v. Credit Suisse AG
Citation: 2022 LiveLaw (Mad) 11
Madras High Court has dismissed the appeal preferred by SpiceJet against a single-judge bench order for admission of its winding up on Credit Suisse AG's Company Petition.
After hearing the counsels appearing for SpiceJet and Credit Suisse at length, a Division Bench of Justices Sathi Kumar Sukumara Kurup and Paresh Upadhyay noted in the order that the Original Second Appeals are dismissed and the Connected Civil Miscellaneous Petitions are accordingly disposed off. Since the stay on the operation of the impugned order is till today, the bench agreed to extend the application of stay order till 28th January so as to afford the appellant an opportunity to approach the Supreme Court.
The grievances of the appellant airlines and the issues framed by the court were pertaining to the alleged errors in the single judge bench order that does the following:
(i) admission of the winding-up petition, which is filed invoking Sections 433 (e) and (f) of the Companies Act, 1956, and
(ii) appointment of the Official Liquidator, High Court of Madras as Provisional Liquidator.
Madras High Court Strikes Down Women Reservation In Excess Of 50% For Chennai Corporation Polls
Case Title: R. Parthiban v. The Chief Secretary & Ors.
Citation: 2022 LiveLaw (Mad) 18
In a plea against reservation in excess of 50 per cent for women in Greater Chennai Municipal Corporation, Madras High Court has held that reservation can only be based on the total number of seats in the Municipality and not on Zonal wise demarcation.
The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu has struck down the 2019 Government Notification which reserved 89 wards out of 200 wards for Women Candidates and another 16 seats for the Scheduled Caste Women, bringing the total tally to 105.
Case Title: S. Nithya v. The Secretary to the Union of India, Ministry of Youth Affairs and Sports & Ors.
Citation: 2022 LiveLaw (Mad) 24
Madras High Court has issued directions to streamline the functioning of Sports Organisations/ Associations/ National Sports Federations and its State Units/ National Olympic Association etc., including a mandate for an online registration system at all levels and laying down qualification requirements of functionaries at the helm of such Associations/ Federations.
A single-judge bench of Justice R. Mahadevan was adjudicating the grievance of a sportswoman who alleged favouritism and nepotism from the Tamil Nadu Athletics Association. The petitioner, S. Nithya, a Discus Throw Champion, accused the State Association of nit-picking the athletes of their choice for Open National Championships in 2017 & 2018, disregarding the petitioner and others who possessed the necessary qualification to participate in the National Level Event.
Madras High Court has asked the competent Sports Authorities/ Federations to formulate an online registration system for all district level, state level and national level athletic championships, competitions, meets and events, similar to the model followed in the Federation Cup Athletics Championships immediately. The single-judge bench has instructed that the posts of President, Vice President and Secretary of every sports Association/Organisation/NSFs and its State Units, as well as important functionaries of such organisations, shall be held only by sportspersons.
Case Title: Rt.Rev.Timothy Ravinder Dev Pradeep, The Bishop, CSI Coimbatore Diocese v. Rev.Charles Samraj.N & Anr
Citation: 2022 LiveLaw (Mad) 31
In civil revision petitions filed challenging an order passed by Coimbatore Principal District Munsiff, Madras High Court has held that the power to issue writ under Article 226 or Article 227 is subject to the court's discretion even when an alternative remedy is available. The alternative remedy in itself won't constitute a bar for the High Court to exercise its revisional powers under Article 227.
The court also made a clarification that the Registry shouldn't have queried about the maintainability of the revision petitions in light of alternative remedy under Order XLIII Rule 1(r) of the Code of Civil Procedure, as against the order passed in the interim application by the Munsiff. Registry does not have such powers to raise objections on the ground of availability of alternative remedy under the Code of Civil Procedure or under any other statute.
The single-judge bench of Justice R. Subramanian was considering the revision petitions arising out of an order granting temporary injunctions restraining administrative committee from taking any policy decisions on appointments, change of correspondents and carrying out the day-to-day affairs of CSI Diocese until the conduct of 34th CSI Coimbatore Diocesan Council and interfering with the functions carried out by the current Presbyter and Chairman of the CIS All Souls' Church, Coimbatore.
Case Title: Meharaj v. The State Rep By Its Secretary & Ors.
Citation: 2022 LiveLaw (Mad) 32
In a pertinent judgment, Madras High Court has answered i) whether the denial of conjugal rights to a convicted prisoner would be violative of Article 21 and, ii) whether the state can be directed to consider the request made by convict for emergency leave or ordinary leave for the said purpose.
Since the right of their spouses to have conjugal rights are also indirectly curtailed by such denial, Madras High Court has examined the scope of treating conjugal rights of a convict/ prisoner as a fundamental right, and in case there is such a right, whether it would be unconditional or subject to other restrictions. The court answered the above questions while deciding upon the propriety of directing the state to grant emergency leave or ordinary leave to a convict for the purpose of having a conjugal relationship with the spouse.
In a reference made by the Division Bench of High Court over the dilemma that there is no specific provision in Tamil Nadu Suspension of Sentence Rules, 1982, for availing leave to have conjugal relationship with the spouse, a three-judge bench of Acting Chief Justice Munishwar Nath Bhandari, Justice PD Audikesavalu and Justice Pushpa Sathyanarayana answered in the affirmative that prisoners/ convicts can claim such a right if there is a ground of 'extraordinary reason' and infertility treatment falls within the definition of 'extraordinary reasons' as envisaged in the Act.
The bench opined that the prayer of the petitioner to undergo infertility treatment when the convict and the spouse do not have a child in the wedlock forms 'extraordinary reason' under Rule 20 (vii) of 1982 Rules. However, the court made a clarification that if the couple had a child in the wedlock, then seeking leave for infertility treatment would not have been considered as an 'extraordinary reason'. The convict/ prisoner cannot seek leave over and over for the same ground in the category of 'extraordinary reason', the court added.
Madras High Court Issues Slew Of Directions To Remove Encroachments From Water Bodies
Case Title: K.K Ramesh v. the State of Tamil Nadu & Ors and Other Connected Matters
Citation: 2022 LiveLaw (Mad) 34
Issuing a slew of directions on top of the directions already in force, the Madras High Court has underscored that there will be no leniency towards waterbody encroachers and land grabbers.
The court has made it clear in a batch of writ petitions seeking directions to prevent widespread encroachment that- it won't allow the encroachers to peacefully enjoy the properties listed as water bodies on the 'Tamil Nilam' Website.
The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu has directed that no registering authority under the Registration Act, 1908, shall register any document pertaining to lands classified as water bodies in the revenue records as shown in the Tamil Nilam Website.
Additionally, the court made the following directions:
1) The registering authority must obtain a declaration from every such applicant seeking land registration, plan approval, electricity/ water connection or assessment of property tax that their lands are not situated in waterbodies.
2) Moreover, the authority allowing the requests in such applications should ensure that the property has not been identified as a waterbody by the State Government in Tamil Nilam Website. To ascertain the status of the land concerned, physical inspection at the property must also be carried out for ensuring the same and an office note about the same must be kept on record.
3) The court has also given an ultimatum to aiding/ abetting officials who circumvent law to facilitate encroachment of water bodies.
Case Title: Palaniyappan & Ors. v. State & Ors.
Citation: 2022 LiveLaw (Mad) 36
The Madurai Bench of Madras High Court has recently quashed an FIR registered against protesters who assembled before a TASMAC Shop in 2017 and demanded that it must be shifted for the sake of young generation.
While quashing the FIR registered based on the complaint of Village Administrative Official and taken on the file of the Judicial Magistrate, Justice K. Murali Shankar observed that the prosecution has failed to establish that the ingredients of the offences under which they were booked are made out.
The court, after placing reliance on the Supreme Court judgment in C. Muniappan & Ors vs State Of Tamil Nadu (2010), noted its findings that Section 195 Cr.P.C bars taking cognizance of any offence punishable under Sections 172 to 188 I.P.C., except on a complaint in writing given by the public servant concerned or some other public servant to whom he is administratively subordinate.
The petitioners had filed a petition seeking quashing of the FIR registered under Sections 143 [Unlawful Assembly], 188 [Contempt of lawful authority of public servants], 341 [Wrongful Restraint] and 353 I.P.C [Assault or criminal force to deter public servant from discharge of his duty].
The court observed that the FIR was registered against 23 persons including 14 women without considering the clear bar on taking cognizance of an offence under Section 188 I.P.C. without a complaint, as contemplated under Section 195 Cr.P.C.
Case Title: Nakkeeran @ JeroanPandy v. State & Anr.
Citation: 2022 LiveLaw (Mad) 40
In a pertinent judgment, Madras High Court has observed that extramarital affairs can cause grave mental trauma and mental health issues leading to serious consequences in the matrimony, and that in turn, would amount to mental cruelty under Section 498(A) IPC.
Justice D. Bharatha Chakravarty however added that when deciding whether a conduct amounted to cruelty, the Court has to look at the facts and circumstances of the case.
The observation was made while confirming the conviction of a husband accused of engaging in an extramarital relationship with another woman while the marriage with the respondent-wife was still valid.
In its order, the Bench noted that the evidence on record proves the existence of an extramarital relationship that has gone to the roots of the marriage and severely affected the mental health of the wife. This ultimately resulted in the wife leaving the matrimonial home.
Case Title: The Adjudicating Authority under the Prohibition of Benami Property Transactions Act, 1988 & Anr. v. Anuttam Academic Institutions Private Limited & Anr.
Citation: 2022 LiveLaw (Mad) 50
In a recent judgment, Madras High Court has held that a reasonable delay in communication of the order will not be counted as non-compliance of the limitation prescribed under Section 26(7) of the Prohibition of Benami Property Transactions Act, 1988. Since the application of the limitation period is uninfluenced by such delay, the court has also clarified that the delay won't negate the validity of the order passed under Section 26(3) of the Act by adjudicating authority.
A Division Bench of Justices Mohammed Shaffiq and R. Mahadevan also held that the limitation period for filing an appeal against the order of adjudicating authority, i.e, 45 days, would be counted only from the date of receipt of the order impugned.
Case Title: Maridhas v. S.R.S Umari Shankar
Citation: 2022 LiveLaw (Mad) 57
The Madurai bench of Madras High Court has quashed a defamation case pending against YouTuber M. Maridhas for targeting Dravida Munnetra Kazhagam (DMK) over the announcement urging its cadre to draw 'Kolams' as a form of Anti-CAA Protest.
Justice G.R Swaminathan quashed the case pending in the file of the Thootukudi Judicial Magistrate after observing that the complainant, S.R.S Umari Shankar, is not an aggrieved party and the continuation of the case would be an abuse of the legal process.
The origin of the case can be traced back to Advocate Gayathri Kanthadai who resorted to a novel form of Anti-CAA protest in Besant Nagar by drawing 'kolams' containing slogans. The Advocate was detained by the police that drew ire from the then opposition party, DMK. Later, the Tamil Nadu Police alleged that the detained advocate was associated with Pakistan based NGO "Bytes for all". Before that, DMK had urged the party members to imitate the Advocate's form of protest across Tamil Nadu. Afterwards, a video was uploaded by Maridhas in January, 2020, allegedly defaming DMK Party and Advocate Gayathri Kanthadai.
The complainant had previously submitted before the court that he was a party man and an office bearer of DMK.
"The petitioner (Maridhas) had only made imputations against Ms.Gayathri Kanthadai and DMK. No imputation has been made against DMK partymen as such. The complainant has not suffered any legal injury. His reputation has not in any way been lowered. The Party has not authorised the filing of the complaint. If the partymen or the members of DMK had been defamed, then as a member of a definite class of people, the respondent could have maintained the complaint. Such is not the case here. The complainant on his own has filed the complaint", the court clarified in the quashing order.
Case Title: S. Vasanthi v. M. Baggyalakshmi, Inspector of Police
Citation: 2022 LiveLaw (Mad) 58
In a contempt petition filed against a Police Inspector alleging willful disobedience of the court order, Madras High Court observed that the police department is running with 90 per cent corruptive officers as on date.
Justice P. Velmurugan remarked that the Department is also plagued by police officials not having the required expertise to go forth with an investigation. According to the judge, only 10 per cent of the officers are 'honest and abled' but they alone cannot do all the investigation.
"...Though this Court finds that the capacity of the investigating officer is not up to the mark, and within her capacity she has investigated the case, the incapacity of the investigation officer cannot be treated as wilfully disobeying of the order of this Court. Unfortunately, as on date, the police department is running with 90% of the corruptive officers as well the officers not having adequate capacity to do the investigation and only 10% of the officers are honest and abled officers. The 10% of officials alone cannot do all the investigation."
Case Title: Dr. Elizabeth Rajan, Daughter of late Mr.Thanarajan v. The Inspector General Of Registration & Ors
Citation: 2022 LiveLaw (Mad) 60
Answering the question of whether a sale deed registered with a power of attorney that was executed in Malaysia is valid or not, Madras High Court has held that the notarial acts of notaries in the foreign countries can be given legal recognition by Indian Courts even in the absence of 'reciprocity' under Section 14 of the Notaries Act.
The Division Bench of Justice Pushpa Sathyanarayana and Justice Krishnan Ramasamy observed that once the original document of power of attorney executed and attested as given in Section 85 of the Evidence Act is produced, it is open to the court to presume that all the necessary requirements for the proper execution of Power of Attorney have been duly fulfilled.
"...Therefore, the purpose of Section 85 is to cut down recording of evidence for such matters like the due execution of Power of Attorney etc., in the present day international commerce. The words 'Notary Public' in Section 85 not only applies to Notaries appointed in India but also include the Notary Public of foreign countries. For raising the statutory presumption, Sections 57 and 85 do not require any recognition of notarial acts of the country or place, as the case may be where such Power of Attorney is executed or authenticated. In fact, there is nothing in the language of Section 14 which requires that only those notarial Acts which are declared as recognized by the Central Government by notification in the official gazette, are to be recognized in India", the court noted.
Case Title: S. Muruganandam v. J. Jospeh & Other Connected Matters
Citation: 2022 LiveLaw (Mad) 63
Answering a set of questions pertaining to the diverging scenarios that might occur in the eviction of tenants under Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, Madras High Court has held that legal recourse on oral tenancies after the commencement of the Act can be availed only through civil courts and not the rent courts under the new act.
Justice R. Subramanian observed that the civil revision petitions that have come up before him, since the rent courts rejected all of them by citing the issue of maintainability, can be broadly classified into six types. The rent courts deemed all of these petitions as not maintainable by observing that there is no registered written agreement of tenancy in all six cases.
The court observed that the requirement of a registered instrument of lease in order to enable creation of a landlord-tenant relationship as given in Section 4(2) of the New Act 'cannot be said to be universal in its application'.
"...Therefore, a suit or proceeding which falls outside the provisions of the New Act are not barred. The scope of a bar created under a special enactment was considered by a Full Bench of this Court in Periyathambi Goundan v. The District Revenue Officer,Coimbatore and others, reported in 1980 (2) MLJ 89, wherein the Full Bench had held that the scope of the bar are interdict imposed by a provision of law must be strictly construed and the Court must ascertain the extent of the interdict imposed by the provision of the statute and limit the interdict to that extent alone."
Case Title: Gnanaloussany Valmy v. The Registrar of Marriages
Citation: 2022 LiveLaw (Mad) 65
Criticising an additional sub court in Pondicherry for issuing directions on making alterations in the marriage register without verifying the original documents, Madras High Court observed that courts cannot pass orders without proper enquiry and by solely relying upon the copies of the documents presented by the litigants.
The single-judge bench of Justice S.M Subramaniam was hearing the plea made by a french citizen to correct her name as well as her parents' names in the marriage register. She submitted that she wasn't conversant in English and noticed the error only when an application was made for her daughter's citizenship.
Case Title: P. Arumugam v. Tamil Nadu State Election Commissioner & Ors.
Citation: 2022 LiveLaw (Mad) 66
Madras High Court has given a strict mandate not to affix posters of election candidates on the walls of public and private property without proper permission with regards to the upcoming Tamil Nadu Urban Local Body Polls.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy has also warned the candidates who violate the provisions of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 of legal action including prosecution.
The bench has also directed Tamil Nadu State Election Commission (TNSEC) and Chennai Municipal Corporation to oversee that the court order is strictly complied with. It has also been directed that the candidates who flout the provisions of the Act and the Tamil Nadu SEC's circular dated 30th November, 2021, must be made to incur the costs of repainting the walls of public/ private property where such posters have been unlawfully affixed.
Case Title: Mrs S. Sushma & Ors. v. The Director-General of Police & Ors.
Citation: 2022 LiveLaw (Mad) 68
Madras High Court has termed the recent amendment to TN Subordinate Police Officers' Conduct Rules,1964 by the inclusion of Rule 24-C, prohibiting police officers from harassing LGBTQIA+ persons, as a 'milestone' in the approach towards the persons belonging to the community.
The High Court has also accepted the standardised guidelines/ prospective glossary submitted by the state government for referring to LGBTQIA+ persons and instructed the press/ media to follow the glossary in letter and spirit.
A single-judge bench of Justice N. Anand Venkatesh made this observation while perusing the status reports filed by the State Government pursuant to a slew of guidelines issued in a judgment dated 7th June, 2021, to ensure the protection of LGBTQIA+ persons in consensual relationships, from police harassment.
Case Title: S. Gunaraja v. The Commissioner of Police, Greater Chennai & Anr.
Citation: 2022 LiveLaw (Mad) 71
Madras High Court has held that police cannot decide the working hours of eateries and restaurants under the guise of law and order problems. The court also observed that it is the bounden duty of police authorities to provide appropriate protection to the eatery shops/hotels/restaurants.
Justice Krishnan Ramasamy pointed out that the police does not have the authority to shut down eatery shops/ restaurants by citing law and order problems when they are not accorded such powers after the amendment to Section 35 vide Chennai City Police (Amendment) Act, 2007.
The court also stated that the Preamble of the Indian Constitution guarantees a democratic republic and not a police state. The court made the above statement in the backdrop of police refusing eateries the permission to function even when they don't have the authority to regulate their timings, thereby depriving the fundamental rights of hotel owners and consumers of food. Such unlawful actions of the police fearing anti-social elements entering the eateries at night can only be equated to 'burning down your own house to get rid of a rat', the court added.
'State's Discretion': Madras High Court Dismisses Plea For Adopting NCERT Syllabus In Govt Schools
Case Title: P.A Josseph v. State of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 75
Madras High Court has dismissed a writ petition seeking a direction to the state government to adopt the syllabus prescribed by NCERT (National Council of Educational Research and Training) for all government schools in Tamil Nadu.
The Bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy dismissed the public interest litigation by stating that such discretion is vested with the state government and the court cannot interfere in it.
"Being a policy decision not shown as a violation of any constitutional/ statutory provision, the jurisdiction of this court is limited. It is upon the state government to choose the syllabus or provide its own syllabus. Therefore, the direction sought cannot be granted", the court observed.
Case Title: K.V Komarasamy v. State of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 76
Madras High Court has held that the appropriate government for grant of remission of sentence to a person convicted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is the state government and not the Union government.
A Division Bench of Justices P.N Prakash and R. Hemalatha concluded that the executive power of the Union, as well as the state, is offence-specific. In such a scenario, the determining factor would be the identification of the government that possess the executive power pertaining to such offence.
The court further clarified that the executive power of the Union does not extend to matters under the concurrent list according to Article 73 of the Indian Constitution. The source of power for enacting the SC/ST Act can be traced back to Entry I in List III ( Concurrent List) of the Seventh Schedule. That being the case, Section 435(2) of Cr. P.C wouldn't affect remission of sentence of those convicted under SC/ST Act, the court underscored after referring to Constitution Bench judgment in Union of India v. Sriharan @ Murugan and Others (2016 7 SCC 1).
Case Title: M.Muthumadasamy v. The Accountant General and another
Citation: 2022 LiveLaw (Mad) 80
In a significant observation, the Madras High Court has recently said that it is time for the Constitutional Courts to ensure that the rights and duties are enforced in an equal manner. The Court also stressed that the Government should come out with a clear system with the enforceability of duties.
This assertion came from the Bench of Justice S. M. Subramaniam as it held that if a public servant contracted a second marriage during the lifetime of the first wife, then the second wife is not entitled to any service benefits, as the second marriage is void in the eye of law.
In its order, the Court also underscored that enforcement of duty is an integral part of the Constitution of India and that if performance of duties won't be insisted then an imbalance would be created and which would affect the democratic principles.
Case Title: Saratha vs Member Secretary, Tamil Nadu Uniformed Services Recruitment Board
Citation: 2022 LiveLaw (Mad) 82
The Madras High Court has held that clubbing Transgender persons who self-identified as females under the quota for women is unconstitutional. The Court also held that there can't be inter-se discrimination among transgender persons identifying themselves as "males" and "females".
"The decision of Tamil Nadu Uniform Services Recruitment Board (TNUSRB) to combine the TGs, who had opted for female category, along with the vacancies reserved for Women deprives equality to them which is violative of Articles 14 and 16(1) of the Constitution of India," the Court said.
The Court also held that the failure to provide any kind of reservation for the Trans Gender persons in the male category and placing them on par with the general category candidates, is violative of Articles 14 and 16(1) and unconstitutional. The Court held that such action defies the direction in the Supreme Court's NALSA judgment to provide reservation for transgender persons in public employment.
Case Title: Rangarajan Narasimhan v. Additional Chief Secretary to Government & Ors
Citation: 2022 LiveLaw (Mad) 86
In a plea for a mandatory dress code to allow entry into temples, Madras High Court has observed that devotees are expected to enter the temple premises in proper dress code.
However, the Court also held that it cannot issue a general direction to all temples to put up signboards prescribing the dress code as suggested by the petitioner.
A division bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy observed that the court cannot 'thrust' opinions on the society. The bench also added that if the customary practice of a certain temple prescribes dress code for entry, then such temple can fix visible sign boards to ensure that dress code is followed and the temples can take regulatory measures to that effect.
"The devotees are expected to enter the temples in proper dress to maintain the sanctity of the temple. It is not for the Courts to venture into unchartered waters and thrust our opinions on society. It is the devotees who should realise that they are entering into a place of worship and they need to adhere to the customs in vogue at such temple, if any", the court observed while issuing directions.
Case Title: Immaculate College Of Education For Women v. Pondicherry University & Anr. and Connected Matters
Citation: 2022 LiveLaw (Mad) 89
Madras High Court has dismissed a batch of writ appeals filed against the single judge bench order dated 05.01.2022 in favour of Pondicheryy University collecting University Development Fund paid by students from the Individual colleges.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy observed that the University can demand 'other charges' in addition to the fees stipulated in Section 27(e) Pondicherry University Act,1985. Therefore, the court dismissed the appeal by saying that the demand notices issued to colleges for University Development Fund are not beyond the University's competency since it is covered by Section 5(20) of the Act.
"The appellant counsel referred to Section 27 of the Act by taking note of the subject matters mentioned therein with regards to ordinances and not the powers of the University under Section 5 of the Act", the court pointed out.
The single bench judgment in 2020 had dismissed the plea by the appellant colleges filed in 2010 which challenged the imposition of Rs 1000/- as University Development Fund.
Case Title: Air India Corporation Employees Union v. Union of India & Ors. & Connected Matters
Citation: 2022 LiveLaw (Mad) 97
Madras High Court has dismissed a plea filed by the Air Corporation Employees Union challenging Air India disinvestment, who feared that certain terms and conditions of service enjoyed by the employees under the erstwhile public sector management will be severely affected.
"Considering the fact that Air India Ltd prior to the disinvestment initiative was a sinking company, a fortuitous transformation has happened for their own good. In the opinion of this Court, various conditions of service under the SPA are the best that the Government could wrangle out from the fourth respondent towards ensuring protection of the employees' interest. Therefore, the employees conjecturing they have been treated unfairly and unjustly is misplaced and misconceived", Justice V. Parthiban observed.
On the Petitioner's apprehension regarding alteration of service conditions, the Bench said,
"...Any decision concerning the service conditions would obviously be taken within the framework of the existing laws on the subject. In case of any infraction, deviation or violation of any existing laws, the employees always have a recourse to judicial mechanisms. This Court, therefore, need not assume any advisory role in emphasizing the sacrosanct legal position as every private or public entity is mandated to act in accordance with law."
Case Title: D.S. Radhika v. The State Represented By Secretary to Government & Ors.
Citation: 2022 LiveLaw (Mad) 99
Madras High Court has criticised the public servants who utilise mobile phones and cameras during office hours unnecessarily and directed the Government authorities to frame regulations in line with the Tamil Nadu Government Servants' Conduct Rules, 1973.
Justice S.M Subramaniam of the Madurai Bench was hearing a plea made by a Superintendent in the Tiruchirapalli Regional Workshop (Health) who wanted a direction to revoke her suspension and quash the order passed by the Director, Tamil Nadu State Health Transport Department.
Since the respondent state authorities made a submission that most of the public servants are using mobile phones and cameras in government offices, the court wondered if the employees are performing their duties and responsibilities as expected of them.
"...If such indiscipline and misconduct are allowed to be continued, no doubt, they are committing the greatest sin to the public by getting tax payers' money as huge salary. Therefore, the Government is duty-bound to ensure that the public servants are not wandering with mobile phones inside the office during office hours and it is to be regulated in accordance with the Tamil Nadu Government Servants' Conduct Rules, 1973", the court underscored in the order.
Case Title: Suo Motu W.P. No. 12935 of 2021
Citation: 2022 LiveLaw (Mad) 105
While pronouncing orders in a Suo Motu writ petition, the Madras High Court bench of Justice P.N Prakash and Justice Abdul Quddhose made a series of directions to be followed by the Motor Accident Claims Tribunals (MACT) in the state. The court also made suggestions to the Chief Justice and requests to the portfolio judges to issue appropriate directions to put in motion these suggestions.
The petition was for directing the respondents - Registrar General, Additional Registrar (Inspection) and State Bank of India to audit the motor accident cases funds in all districts, lodge criminal complaints against recalcitrant officials and monitor the investigation in the matters.
From the inputs received, the court was satisfied that practitioners in the MCOP jurisprudence operate in delineated specific turfs and would not brook encroachment by anyone.
It was also found that the practitioners were not alone in this misadventure and were assisted by court staff and sometimes even judicial officers.
"MCOP jurisprudence is a gold mine as well a mine field and attempts to clean the Augean stables earlier by various Benches of this Court had not yielded the desired results", the court observed.
Notice To Accused Not Necessary For Freezing Bank Account Under Section 102 CrPC: Madras High Court
Case Title: Kiruthika v. The State Represented By Inspector of Police & Anr.
Citation: 2022 LiveLaw (Mad) 106
The Madras High Court has dismissed a plea made by the wife of controversial PUBG gamer Madan seeking the defreezing of her bank account at Axis Bank Limited.
Justice M. Nirmal Kumar observed that there are far-ranging allegations against both the accused, including misappropriation of funds collected in the name of Covid Relief and making revenue from the live streaming of PUBG gaming videos with obscene commentary and filthy language against women and teenage subscribers.
The court noted that the bank had acknowledged the freezing of the account of the accused to the police by a letter on 15th June, 2021. It was produced and submitted to the magistrate when Kiruthika was remanded on 16th June.
About informing the petitioner about the freezing of accounts, the court noted that there is no such mandate in the statutory provisions. Relying On Teesta Atul Setalvad v. State of Gujarat (2017), the court remarked that Section 102 Cr.P.C. does not stipulate issuance of any notice to the account holder. For the purpose of investigation, no notice to the suspect can be expected under law, the court added.
Case Title: L. Ponnammal v. Union of India
Citation: 2022 LiveLaw (Mad) 109
The Madras High Court has dismissed a lea challenging the amendments brought in by the Finance Act 2021 and the subsequent amendments made in the LIC Act 1956 which provided for the disinvestment of the Life Insurance Corporation.
The bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy held that the challenge was made to the amendments by way of Article 110 of the constitution without challenging the certificate issued by the Speaker of the House. Further, the procedure for certifying the Finance Bill as a money bill have been duly complied with and therefore there is no constitutional illegality.
The court also highlighted that the word "only" used in the definition of Money Bill has to be read along with Article 110(1) (g) of the constitution which provides for any matter incidental to any of the matters specified in (a) to (f) of Article 110(1) and therefore should not be given a narrow meaning.
"The intrusion or inference to the implementation of a public interest policy by way of legislation should be eschewed, as it directly impacts the economic growth of the country and interference therein may have far reaching consequences, because the receipt of money into the Consolidated Fund of India is to be used for the development of the country." the court added.
Case Title: P. Subburaj v. The Principal Secretary, Housing & Urban Development Department & Anr.
Citation: 2022 LiveLaw (Mad) 111
The Madras High Court has tabled a proposition to frame a scheme for allotment of houses in public quota on rental basis.
Justice Krishnan Ramasamy has directed the Tamil Nadu Housing Board and State Government to frame a scheme in consultation with the Tamil Nadu & Puducherry Bar Council for reserving a certain percentage of residential accommodations in public quota by giving preference to practicing young lawyers until a prescribed age. the court also recommended another alternative to consider the financial status of advocate and give them residential accommodation for a limited number of years on rental basis.
The court was considering a petition filed by a former President of District Consumer Redressal Forum who was still not able to own a house and was applying for allotment of residential accommodation under public quota which was initially rejected.
Relying on the judgement of T. Sornapandian & Others v. The Principal Secretary to Government, Housing & Urban Development (HB(2) HB5(2)) Department, Chennai & Others (2019), the court remarked that there are no hard and fast rule about to whom the residential accommodation should be allotted under 'public quota'.
The court also discussed the plight of young Advocates coming from irregular income group and also highlighted the vital role played by young practicing advocates in assisting court and rendering justice.
Case Title: R.R Saravana Balagursamy v. The Superintendent of Police and Ors
Citation: 2022 LiveLaw (Mad) 113
The Madras High Court has observed that instead of repeated orders of the Supreme Courts and the High Courts, the Police Department is not equipped with CCTV Cameras to store the footage for at least a period of one year. This defeats the purpose for which the cameras are installed. The court also suggested storage points for keeping the CCTV footage at least for a minimum period of one year.
Justice S.M Subramaniam also took note of the fact that a number of writ petitions are being filed seeking initiation of action against public servants including police officials and a solution should be found.
Case Title: S. Ganeshan v. State Represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 116
Madras High Court has held that the bar under Section 33(5) of the POCSO Act against recalling a child (minor victim) is not applicable after such victim attains majority.
Justice A.D Jagdish Chandra, while allowing the petitioner-accused's plea held that the victim is now 21 years old and she will not fall within the definition of "child" so as to invoke Section 33(5) of the POCSO Act, 2012. Section 33(5) of the Act only mandates that the child witness cannot be called repeatedly to testify in the Court.
The court also relied on decision of Apex Court in Godrej Pacific Tech. Ltd. v. Computer Joint India Ltd. (2017) and noted that it is mandatory for a court under Section 311 CrpC to recall witnesses for further cross-examination if their evidence appears to be essential for just decision of the case. the court also highlighted that the child's right under Section 33(5) of the POCSO Act has to be balanced with the right of the accused.
Case Title: K. Umadevi v. Government of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 120
Justice V Parthiban of the Madras High Court has held that there is no cap on the number of deliveries for grant of maternity benefits under the Maternity Benefits Act. The only differentiation is on the period of maternity benefit available. For a woman employee having less that two surviving children, the maximum period of benefit is 26 wees while for a woman having more than two surviving children, the benefit is restricted to 12 weeks.
Relying on Madras High Court judgment in N.Mohammed Mohideen & Anr vs. Deputy Commissioner of Labour (Inspection) Chennai, (2008), the court observed that as long as Article 42 of the Constitution read with the provisions of the M.B. Act, 1961, is available, every female worker covered by the Act is entitled to claim maternity benefit without any ceiling on the number of deliveries made by them. The court also mentioned a High Court judgment in Ruksana v. State of Haryana (2011) and noted that Maternity Benefit Act would have an overriding effect over any service rules.
Case Title: Mr.G.Nagaiyan & Anr. v. Mr. K. Palanivel
Citation: 2022 LiveLaw (Mad) 126
Madras High Court has evoked the 'doctrine of approbate and reprobate' to hold that a party cannot claim a right over a property when he had obtained another Decree from the competent Civil Court on the ground that no right or title was conveyed to him under the sale deed.
Justice N. Anand Venkatesh observed that the defendant party claiming right over the schedule property cannot take two contradictory stands before two different authorities/ courts. The judge observed that the position is well settled by the Indian Courts and foreign courts as well.
Case Title: V. Vasanthakumar v. The Union of India
Citation: 2022 LiveLaw (Mad) 137
The Madras High Court has declared Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional.
The writ petition was filed by Mr V Vasanthakumar, appearing in person challenging the validity of Section 9 and Section 32(2)(a) of the Prohibition of Benami Property Transactions Act, 1988 as amended by the Benami Transaction (Prohibition) Amendment Act, 2016.
Section 32 of the Act deals with Qualifications for appointment of Chairperson and Members of appellate tribunal and subclause (2) states that in case of a Judicial Member, the person should have been a Member of the Indian Legal Service and has held the post of Additional Secretary or equivalent post in that Service
The court highlighted the importance of the concept of Separation of Powers and stated that the concept of independence of judiciary is a vital issue and for that emphasis is made that there should be separation of power. Prior to the constitution of the Tribunal, the adjudication was done by courts. Therefore, with the constitution of tribunal, they would be discharging the work earlier discharged by the courts.
Night Travel Ban In Sathyamangalam Tiger Reserve; Madras High Court Issues Directions For Movement
Case Title: S.P Chockalingam v. Principal Chief Conservator of Forests and Chief Wildlife Warden and Ors
Citation: 2022 LiveLaw (Mad) 140
While considering a series of petitions concerning movement of vehicles through the Sathyamangalam Tiger Reserve and the Government Notification prohibiting movement of all vehicles between 6 pm to 6 am, the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy highlighted the fundamental duty for protection of animals. The court also considered in detail the particular nature of the area and the need for protection of the Reserve.
The court ordered a complete ban on the movement of vehicles having more than 12 wheels and weighing more that 16.8 tonnes at any time through these roads. Vehicles having below 10 wheels and weighing less that 16.8 tonnes have been permitted between 6 am to 6 pm. The transport buses, both public and private are free to ply between 6 am and 9 pm.
The court, while highlighting the freedom of movement under Article 19, also stated that in the present case the restrictions are imposed taking into account that the highway is passing through the core protected zone of the Tiger Reserve, as a thoroughfare through the eco-sensitive zone, Sanctuary and Reserve Forest.
The court also highlighted the Fundamental Duty of compassion towards animals recognition of freedom of animals as held in the judgement of Apex Court in Animal Welfare Board of India v. A Nagaraja, where the court had extended the Right to Life guaranteed under Article 21 of the Constitution to animals also.
Case Title: Ms Preethika C (Minor) v. State of Tamil Nadu and Ors
Citation: 2022 LiveLaw (Mad) 142
The Madras High Court has upheld the validity of The Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to students of Government Schools Act, 2020, which provided for 7.5% preference/reservation to the students of government schools in admission to undergraduate medical/dental courses.
The bench of Chief Justice Munishwar Nath Bhandari and Justice Bharatha Chakaravarthy opined that the horizontal reservation was not against Article 14 and that the act does satisfy the doctrine of proportionality, the court examined that findings of the committee and observed the stark difference in the social background of students coming from government schools and those coming from CBSE and ICSE schools.
The court also held that the students of the State Government Schools are a 'socially and educationally backward class', therefore, the reservation in their favour is will be within the power of the State as contained in Article 15(4) of the Constitution of India.
The court also directed the State Government to review the reservation in a period of five years and to take steps to improve the standard of education imparted in the Government Schools so that the reservation may not be further extended beyond a period of five years.
All Auto Rickshaw Holders Should Have Operating Electronic Meters: Madras High Court
Case Title: S.V Ramamurthy v. The Secretary, Government of TN
Citation: 2022 LiveLaw (Mad) 148
The Madras high court bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy recently considering a writ petition for implementation of the Government Order mandating installation of electronic meters in all auto rickshaws.
The court directed that all autorickshaws be fitted with electronic meters which should be operated while transporting passengers. The court also ordered that checks should be conducted by the Police and Transport Departments to find out as to whether the auto-rickshaw is being operated with meters or not, and for that, if any complaint is made, then immediate action should be taken on it.
The court also directed the State to revise the fares/rates of the auto-rickshaws, periodically, looking to the fluctuation of the rates of petrol/diesel. This system would take into account the fluctuations of the rates of petrol/diesel without evolving the long drawn process but by using the software in such a manner where the rates may be revised, thereby, upgraded the system/mechanism automatically on the meters.
Case Title: S.Sakthivel & Anr v. The State rep. by the Food Safety Officer
Citation: 2022 LiveLaw (Mad) 150
The Madras High Court has recently allowed a petition for quashing proceedings under the Food Safety and Standards Act, 2006 observing that the Designated Officer had not sent his recommendations on the food sample within a period of 14 days, as mandated under Section 42 of the Act.
Justice K. Murali Shankar observed that the respondent had violated the "mandatory requirement" contemplated under Section 42 of the Act and therefore, the very launching of the complaint itself is not proper. The court also observed that when the authorities have not followed mandate, it is not reasonable to direct the petitioners to face the trial.
Sub-section 3 of Section 42 (Procedure for launching prosecution) states that the Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety.
Case Title: I Nisha v. State of Tamil Nadu and ors
Citation: 2022 LiveLaw (Mad) 158
Observing that there is a trend of delay in filing of the Final Report after the statutory time limit, the Madras High Court has directed the Police to file all final reports On-line. Such On-line filing of final reports by the Police, will be in compliance with the requirements of Rule 25 of the Criminal Rules of Practice, 2019. The court further clarified that the mandatory period for filing the final report shall apply even in cases where the accused has already been detained. Further, the court also directed that the Judicial Magistrates / Criminal Courts shall not return the final reports for such non-enclosure of the reports which are listed out as Nos.(vii) to (x) & (xxix) of Sub Rule 7 of Rule 25 of the Criminal Rules of Practice.
The bench of Justice R Subramanian and Justice N Sathish Kumar further directed the Director General of Police to issue required Circulars to respective Police Stations to ensure compliance of the orders. The court further directed the registry to place the order before the Chief Justice to enable the Registry to issue appropriate circulars to the criminal courts.
Case Title: Dr. S. Kothandaraman v. The Pro-Chancellor and connected matter
Citation: 2022 LiveLaw (Mad) 163
The Madras High court has held that the regulations prescribed by the All India Council For Technical Education (AICTE) are binding on all universities and institutions and these universities or institutions cannot prescribe rules on their own.
The bench of Justice V Parthiban was hearing two connected writ petitions filed by Dr. S Kothandaraman and Dr. A.V Raviprakash, Principal and Professor at the Pondicherry Engineering College against their forced retirement by the University. The university had prescribed the age of superannuation as 62 years as against the age of 65 years prescribed by AICTE.
The court held that the age of superannuation as prescribed under AICTE regulation is binding on the third respondent University and any other prescription of the age of superannuation repugnant to the AICTE regulation is to be held void and inoperative and it cannot be enforced in law.
Case Title: Thanikodi v. Parameswari and Others
Citation: 2022 LiveLaw (Mad) 173
The Madras High Court has recently held that when a claim is presented under the Motor Vehicles Act, the insurance company is liable to pay compensation even when the driver of the vehicle was not possessing a valid driving license. It added that amount may later be recovered from the owner of the vehicle.
The Madurai bench of Justice Teeka Raman made the above observations on an application filed by the owner of the offending vehicle, Thanikodi against the order passed by the Motor Accidents Claims Tribunal, Peiyakulam. The Tribunal had held that the owner of the vehicle was liable to pay compensation and exonerated the insurance company and had awarded compensation.
The court applied the principle of pay and recovery and directed the insurance company to compensate the family of the deceased and later recover this amount from the owner of the vehicle in the manner known to law.
Ban Two-Finger Test On Rape Victims Forthwith:Madras High Court Directs State
Case Title: Rajivgandhi v. The State represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 174
The Madras High Court has directed the State Government to ban the practice of two finger test on victims of sexual offences by the medical professionals forthwith.
The bench of Justices R. Subramanian and N. Sathish Kumar issued this direction as it noted that the two finger test is being used in cases involving sexual offences, particularly, on minor victims even after the Supreme Court judgment which held that it violates the right of rape survivors to privacy, physical and mental integrity and dignity.
The court was dealing with an appeal filed under Section 374(2) CrPC against an order of conviction and sentence under the POCSO Act. The accused, Rajivgandhi had been convicted for life sentence which would be till the end of the life time for the offences under Section 5(l) read with Section 6(1) of the POCSO Act with a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for 3 months and 7 years rigorous imprisonment for an offence under Section 363 of IPC along with a fine of Rs.20,000/- in default to undergo simple imprisonment for 3 months.
Case Title: N. Karunanidhi v. The Union of India and Others
Citation: 2022 LiveLaw (Mad) 183
The Madras High Court bench of Justice V Parthiban has recently held that when a competent authority/government makes an appointment to an unsanctioned post and when the employee has been engaged in such public service project for long years, the Government cannot turn a blind eye to these employees and say that they have no right for regularisation.
The court also directed the State Government to formulate schemes for the regularisation of such employees.
Case Title: Indira Gandhi Centre for Atomic Research v. D Ganeshlan and Another
Citation: 2022 Livelaw (Mad) 187
The Madras High Court bench of Justice S. Vaidyanathan and Justice Mohammed Shaffiq ordered compulsory retirement of an employee of Indira Gandhi Centre for Atomic Research who had gained employment by submitting a fake SC community certificate.
The court also directed that the employee shall be eligible for only 40% of the pension benefits and not eligible for any other terminal benefits, such as gratuity, DCRG and the like, excluding the PF contribution, if any made by the employee.
The court also observed that though the employee was appointed only under the Open Category and further promotions were based on the merit, the initial appointment itself was void ab initio when it was based on a fake certificate produced by the employee concealing certain facts.
Case Title: A. Periyakaruppan v. The Principle Secretary to Government and Another
Citation: 2022 LiveLaw (Mad) 191
The Madras High Court recently invoked the "parens patriae jurisdiction" and declared "Mother Nature" as a "Living Being" having a legal entity/ legal person / juristic person / juridical person / moral person / artificial person having the status of a legal person, with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve them.
The Madurai bench of Justice S. Srimathy also observed that nature shall have fundamental rights/ legal rights and constitutional rights for its survival, safety and sustenance, and resurgence in order to maintain its status and also to promote its health and wellbeing. The court also directed the State Government and the Central Government to take appropriate steps to protect the mother earth in all possible ways.
Case Title: Agavai (Name Changed) v. The State represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 192
The Madras High Court set aside the detention order passed by the Juvenile Justice Board, Thiruvallur against a 15 years old child in conflict with law, observing that the order was passed in a hasty manner without going into the genuineness of the matter.
Justice AD Jagadish Chandra also observed that a child offender should not be given punishment based on the kind of offense he/she has committed but should be given an individual treatment that is reformative in nature and which is based on his/her need, psychological and social background.
The court also opined that the parents, teachers, schools, community, and law enforcement agencies need to understand, prevent and reduce risk factors that may push children towards adopting behaviors that may harm them. The court further observed that no child is born criminal and it is his/her social factors that make them do acts against the law.
Case Title: Sri Manakula Vinayagar Medical College & Hospital v. The Government of Puducherry and Others
Citation: 2022 LiveLaw (Mad) 201
The Madras High court recently set aside the order of the Medical Council of India (MCI) and the Government of Puducherry (GOP) cancelling the admissions of 778 students in the MBBS course on the ground that their admission to these course was made illegally, without following merit.
The bench of Justice Krishnan Ramasamy made the orders on a batch of writ petitions filed by the students and the colleges alleging that the order of the MCI was illegal, arbitrary and made without observing the principles of natural justice.
The court held that the order was made without considering the procedure of admission adopted by the colleges and that passing of such draconian directions was arbitrary. The court also observed that implementation of such directions would turn out to be disastrous for the students who were now pursuing their fifth year of the MBBS course. The court also observed that the students cannot be put in a disadvantage due to the inability of the concerned authorities to formulate a proper mechanism for admission.
Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court
Case Titile: K. Murugan v. The Registrar and Others
Citation: 2022 LiveLaw (Mad) 207
The Madras High Court bench of Justice D Bharatha Chakravarthy recently observed that the employer shall follow the procedures in departmental proceedings including framing of charge, giving an opportunity to the employee, conducting a disciplinary enquiry and thereafter deciding the issue even with respect to temporary employees.
The court also found merit in the submission of the petitioner that even termination of a temporary employee must be by following due procedure of law. The court, therefore, set aside the order passed by the Special Officer and the order passed by the Registrar. The court also directed that the Special Officer was entitled to conduct a fresh enquiry from the stage of issuing a charge and take a decision in accordance with law by either permitting the petitioner to rejoin duty or by placing him under suspension. The court also directed that the entire enquiry should be carried out within a period of three months from the receipt of the order copy.
Considering the nature of allegations that were levelled against the petitioner, the court chose not to award back wages and held that the same could be decided only after the outcome of the enquiry conducted by the Special Officer.
Consider Forming "TN Administrative Service": Madras High Court Tells State
Case Title: P. Anandhraj, Joint Director and Others v. The Government of Tamil Nadu and Others
Citation: 2022 LiveLaw (Mad) 212
The Madras High Court has directed the Government of Tamil Nadu to consider forming of "Tamil Nadu Administrative Service" including all the Departments connected to the Revenue and General Administration, Implementation of State policies for development in General as has been done by the Kerala Government.
The bench of Justice M. Govindaraj further directed the Government to consider taking steps to treat all State Level Officers alike and provide equal opportunity to them by making an appropriate recommendation to the Central Government to bring them into Administrative Service. The state was further directed to constitute a Committee for the purpose of identifying the posts, which can be brought under the definition of Deputy Collector. The government is expected to initiate all these processes within a period of six months.
The bench made the above directions in a plea challenging the rejection of a request to include posts of Joint Director and Additional Director of the Rural Development and Panchayat Raj Department, in the "State Civil Service" by the Government of Tamil Nadu. All the writ petitioners belonged to the Tamil Nadu Rural Development and Panchayat Raj Department.
Case Title: P.R Srinivasan v. The Commissioner, HR&CE and others
Citation: 2022 LiveLaw (Mad) 213
The Madras High Court has reiterated that the State has an obligation to provide basic amenities to the pilgrims whenever there is a large gathering of persons during festival times.
Following the decision of the Supreme Court in Sarika v. Shri Mahakaleshwar Mandir Committee (2018) the court held that it is the bounded duty of the government to make proper arrangements and to sanction amounts without fear of violation of the concept of secularism.
Justice GR Swaminathan held an emergent sitting and heard the case on Sunday, over a Whatsapp Video call from Nagercoil while the lawyers joined the call from Neelankarai and Anna Nagar. It was upon the plea moved by the Hereditary Trustee of the Arulmighu Abheeshta Varadarajaswamy Temple, Papparapatti Agraharam, Pennagaram Taluk, Dharmapuri District urging that their village will face "divine wrath" if the proposed Rath festival is not held on the given date, i.e., May 16.
Case Title: Nandha Ayurveda Medical College and Hospital represented by Chairman v. The Director of Indian Medicine and Homeopathy and Others & other connected cases
Citation: 2022 LiveLaw (Mad) 215
The Madras High Court recently upheld the right of the college management to fill up the vacant seats in the respective courses. Justice GR Swaminathan made the observation in a plea challenging the impugned orders of Tamil Nadu Dr. M.G.R. Medical University against admissions made by the management of the colleges.
The court relied on Index Medical College, Hospital and Research Centre Vs. State of Madhya Pradesh and Others, where the Apex Court upheld the right of management to admit students. The court had observed that the seats remaining vacant would amount to a "national waste of resources".
Case Title: The Manager, TATA AIG General Insurance Co Ltd v. Kathamuthu and another
Citation: 2022 LiveLaw (Mad) 223
The Madras High Court has held that the compensation for medical expenses is a matter of reimbursement and hence once the insurance company has chosen to compensate the victim of road accident for medical expenses, the same cannot be once again claimed under the Motor Vehicles Act.
The bench of Justice Teeka Raman thus held that the amount paid to the hospital directly by the insurance company under a medical policy coverage shall be deducted by the Motor Accident Tribunal while calculating the compensation to the injured.
The court observed that what has not been paid by the original petitioner to the hospital cannot be granted as compensation in a claim under the Motor Vehicles Act. Thus, the court deducted the amount already paid by the insurance company and directed the appellant company to pay the remaining along with compensation for disability, pain and suffering, permanent disability loss of income etc together with an interest of 7.5% per annum
Case Title: Ganapathy and others v. State represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 225
Condemning the act of the Karaikudi Bar Association in passing a resolution stating that no one shall represent certain accused in a case, Justice K Murali Shankar of the Madras High Court held that such a resolution is illegal; and null and void and the same shall have no force of law. Even in instances where there has been an attack on advocates, the same should be condemned sternly and the attackers should be dealt with with iron hands. But even so, the bar association is not expected to pass such resolutions, violating the constitution and the law of the and declared by the Supreme Court.
The court observed that such resolutions are against professional ethics. Whenever a client was ready to pay the fee, if the lawyer was not engaged otherwise, it was his professional duty to not refuse a brief. It is against the great traditions of the Bar which has always stood up for defending persons accused of a crime. Such a resolution is, in fact, a disgrace to the legal community.
Madras High Court Upholds Validity Of Section 6 Of The Tamil Nadu Value Added Tax Act 2006
Case Title: M/s. LG Electronics India Pvt Ltd v. The State of Tamil Nadu and Another with connected cases.
Citation: 2022 LiveLaw (mad) 227
The Madras High Court recently upheld the validity of amendments made to Section 6 of The Tamil Nadu Value Added Tax Act, 2006. The court observed that in matters relating to tax, the interest of the State must be considered as against the interest of certain individuals. The court also discussed the power of the legislature in taking decisions with respect to tax
"The hardship that is caused to individuals seldom matters as validity of any fiscal enactment ought to be tested on the basis of generality of its operation and not on the basis of few individual cases"
Justice R Mahadevan and Justice Mohammed Shaffiq also held that the assessment orders made under the Act could not be challenged in the writ petitions and should be challenged through the remedy of appeal under Section 51 of the Tamil Nadu Value Added Tax act 2006.
Case Title: TR Ramanathan v. Tamil Nadu State Mental Health Authority and another
Citation: 2022 LiveLaw (Mad) 231
In a verdict emphasizing the right to dignity of mentally disabled persons, the Madras High Court held that they are entitled to have the assessment done at their residences for the purposes of getting disability certificate under the Rights of Persons with Disabilities Act 2016.
A single bench of Justice GR Swaminathan issued the direction after taking note of the hardships underwent by a medically disabled person at a mental hospital when he was brought there for the purposes of medical assessment.
The bench observed as follows:
"The assessment process must be as simple as possible. It must not cause any difficulty or trauma or even the least burden to the individual concerned. I take judicial notice of the fact that bringing such persons to a congested place like the Government Hospital would trigger considerable stress and anxiety to them. One does not know what can trigger panic and anxiety. There are children who seeing an ordinary balloon will go berserk".
Case Title: Dr. S Giridharan and others v. State of Tamil Nadu and others
Citation: 2022 LiveLaw (Mad) 235
Justice GR Swaminathan of the Madras High Court came to the rescue of around 25 doctors by directing the respective medical colleges and the Directorate of Medical Education that they could not withhold the original education certificates collected at the time of admission, merely on the ground that the petitioners had not fulfilled the terms and conditions of the bond for compulsory service.
"It is well settled that an Educational certificate is not a marketable commodity, therefore, there cannot be exercise of any lien in terms of Section 171 of the Indian Contract Act, 1872. It has been held in catena of cases that management cannot retain the certificates of the students."
Case Title: K Ravichandran and others v. The Chief Secretary and others
Citation: 2022 LiveLaw (Mad) 239
Justice M. S Ramesh of the Madras High Court recently came to the rescue of employees of Co-operative societies and directed the Chief Secretary, the Secretary (Co-operation), and the Registrar of Co-operative societies, Government of Puducherry to pass orders for disbursement of unpaid salaries, earned leave encashment, EPF Contributions, ESI benefits, and other admissible entailments, due to them for their respective services. The court directed the dues to be paid within three months from receipt of copy of the order.
The court held that even though Society cannot be Characterized as a State within the meaning of Article 12 of the Constitution, a writ was maintainable to enforce a statutory public duty cast upon the Society. In the present case, since there was a public duty upon the Government, the petition was maintainable.
Case Title: State v. A Duraimurugan Pandian Sattai @ Duraimurugan and Another
Citation: 2022 LiveLaw (Mad) 245
Justice B Pugalendhi of the Madras High Court recently observed that social media intermediaries operating in India are governed by the Acts and Rules of the land. They have a duty to ascertain that videos are in accordance with the policies and guidelines. If these videos are found to be in violation, they have a duty to block such channels without insisting on FIRs or any Court orders.
"There is a contract between the intermediaries and the channels. In case of any violation of the conditions, it is the duty of the intermediaries to remove or block the channel as per the terms of their agreement...The intermediaries are not expected to insist for FIR or any court orders to remove the videos which are in violation of their guidelines. If it is not blocked or removed even after it was brought to their knowledge, the intermediaries are committing the offence under Section 69A (3) of the Information Technology Act."
Case Title: Northern Arc Capital Limited v Sambandh Finance Private Limited and others
Citation: 2022 LiveLaw (Mad) 246
While discussing extensively the scope of issuing summary judgments, the Madras High Court recently observed that suits cannot be summarily decreed at the instance of a plaintiff unless such plaintiff satisfies the court that the suit claim stands duly proved.
The two requirements for the grant of summary judgments under Rule 3 Order XIII-A CPC are that the applicant should establish that the counterparty has no real prospect of successfully defending the claim/succeeding the claim and that there is no other compelling reason why the claim should not be disposed of before recording oral evidence.
With reference to an application for summary judgment, Justice Senthil Kumar Ramamoorthy observed that both the parties are required to set out the grounds on which the application is being prosecuted or defended, along with all documents proposed to be relied upon for such purpose. The court also observed that even though the Rules stands so, the burden of proof is primarily on the applicant. Thus, the applicant had to establish that the counterparty had no real prospect of defending the claim or succeeding in the claim.
Smartha Brahmins Not A Religious Denomination, Madras High Court
Case Title: Smartha Barhmins living in the State of Tamil Nadu practicing and propagating the Religious Philosophy and tents of Advaitha Philosophy through P.S Sundaram and others v. Union of India and others
Citation: 2022 LiveLaw (Mad) 249
The Madras High Court recently observed that the Smartha Brahmins were just a caste/community without any peculiarity specifically attributable to them that distinguished them from other Brahmins of the State of Tamil Nadu. Thus, they could not be identified as a religious denomination and were not entitled to benefits under Article 26 of the Constitution.
Justice R Vijayakumar of the Madurai Bench was considering an application made by some members belonging to the Smartha Brahmin community claiming minority status for an institution run by them. Observing that the appellants had failed to establish that they constitute a denomination as Smartha Brahmins in the state of Tamil Nadu, the court held that the suit was mainly filed only to wriggle out of the provisions of the Tamil Nadu Recognised Private Schools Regulations Act 1973 by invoking the benefits under Article 26 of the Constitution.
Case Title: M/s. Fenner (India) Limited v. The Assistant Commissioner of Income Tax
Citation: 2022 LiveLaw (Mad) 251
The Madras High Court recently upheld the decision of the Income Tax Appellate Tribunal directing the assessing officer to exclude the royalty income from the business profits for the purpose of calculation of deductions under Section 80HHC of the Income Tax Act.
Justice R Mahadevan and Justice Sathya Narayana Prasad observed that the appellant could not produce concrete evidence to assert that the royalty income received from a subsidiary company was related to export business. Thus, the decision of the tribunal did not warrant any interference.
Case Title: Chandrasegaram Vijayasundaram and others v. Principal Commissioner (Revision Application) and others
Citation: 2022 LiveLaw (Mad) 253
The Madras High Court recently upheld the order of the Principal Commissioner (Revision Application) and held that gold/silver ornaments that are worn in person and exceed Rs. 50,000 in value have to be declared before the Customs Authority.
Justice C Saravanan opined that the law was unambiguous in this regard. Though exemptions were provided under the Baggage Rules, 2016 it was limited to the extent permitted under the Rules. The court also opined that import of jewelry worth more than Rs. 50,000 could not be considered as bonafide baggage and could not be exempted from paying customs duty.
Case Title: S. Nalini v. State of Tamil Nadu and others
Citation: 2022 LiveLaw (Mad) 254
The Madras High Court on Friday dismissed a plea filed by S. Nalini and RP Ravichandran, convicts in the Rajiv Gandhi Assassination case, seeking premature release.
The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that the High Court did not have special powers that the Supreme Court has under Article 142 of the Constitution. Thus, it cannot order their release, like the Supreme Court did for Perarivalan, another convict in the assassination case. Hence the petition was dismissed as not maintainable.
No Prohibition For Issuance Of Legal Heirship Certificate To Class-II Legal Heirs: Madras High Court
Case Title: D.Chandra v. The Tahsildar
Citation: 2022 LiveLaw (Mad) 260
While allowing a petition filed by a woman for issuing a legal heir certificate for her deceased brother, the Madras High Court bench of Mr. Justice Abdul Quddhose reiterated that there was no bar to issuing a legal heir certificate to a class-II heir.
The court thus directed the respondent Tahsildar to consider the petitioner's application on merits and after affording her a fair hearing and after hearing any such other person that the respondent deems fit to inquire. The Tahsildar was also directed to pass the final orders within 12 weeks from the date of receipt of the order.
Orders Passed U/S 148 NI Act Are Interlocutory In Nature, Not Revisable: Madras High Court
Case Title: Bapuji Murugesan v. Mythili Rajagopalan
Citation: 2022 LiveLaw (Mad) 264
While discussing the scope of revision in case of orders passed under Section 148 of the Negotiable Instruments Act, the Madras High Court recently observed that such orders are interlocutory in nature and are outside the revisional jurisdiction of the High Court.
The bench of Justice D Bharatha Chakravarthy was hearing a criminal revision petition against an order of the Principal Sessions Judge, Chennai which in exercise of powers under Section 148 of the Act, suspended the order of imprisonment (till the disposal of appeal) for cheque dishonour, subject to a deposit of 15% of the cheque amount.
The court opined that the order for deposit under Section 148 of the Negotiable Instruments Act was not a precondition for the appeal to be taken on file and therefore will not result in a final order deciding appeal. It was only a direction to deposit subject to the final outcome of the appeal and as such was only a matter of procedure. The court highlighted that such orders did not determine the rights of the parties. It was also observed that non passing of such order or accepting any application by the accused would not result in culmination of proceedings
Case Title: P.Sudha v. The Secretary and another
Citation: 2022 LiveLaw (Mad) 276
The Madras High Court on Wednesday disposed of a writ petition seeking reservation for third gender in government jobs after it was informed by the Advocate General R. Shunmugasundaram that the Government had already issued necessary orders way back in 2015, granting the benefit of reservation to the community and had brought Transgender persons under the category of "Most Backward Class" for reservation of seats in educational institutions and appointments in the services of the State.
The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala opined that no further directions were necessary and that the present writ petition was unnecessary.
Case Title: M/s. Redington (India) Limited versus Principal Additional Director General
Citation: 2022 LiveLaw (Mad) 280
The Madras High Court has ruled that officers of the Directorate General of GST Intelligence (DGGI) are "Central Excise Officers" for the purpose of Rule 3 of the Service Tax Rules, 1994 since they are vested with the powers of Central Excise Officers by the Central Board of Excise and Customs (CBEC).
The Single Bench of Justice C. Saravanan, while considering a bunch of writ petitions, held that that the definition of "Central Excise Officer" in Section 2(b) of Central Excise Act, 1944 is expansive and that any person, including an officer of the State Government, who is invested by the CBEC with any of the powers of a Central Excise Officer under the Central Excise Act, is a "Central Excise Officer".
Madras High Court Confirms Order Of CB-CID Enquiry Into Medical Admission Scams
Case Title: Dr G. Selvarajan v. Dr M.S Santhosh and Ors
Citation: 2022 LiveLaw (Mad) 282
The Madras High Court on Monday confirmed the order of the single judge directing a CB-CID enquiry in a matter relating to series of scams relating to admissions to the medical courses in state.
The court passed the order on an appeal filed by Dr G. Selvarajan, former secretary of the Selection Committee, Directorate of Medical Education, seeking a stay of a single bench order whereby the court had found Selvarajan along with others guilty of not conducting the mop-up counselling for the management seats.
The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that the proceedings against the appellant could continue and that the court could only interfere with respect to the stoppage of pensionary benefits to the appellant subject to the outcome of the enquiry proceedings. The disciplinary proceedings were to be completed within a period of six months and no extention of time would be granted. The court also agreed with the direction of the single judge to pay Rs. 4 lakh each to the writ petitioners as the students were dragged to the litigation only for the reason that the writ appellant did not conduct mop-counselling.
Case Title: M/s.KTV Health Foods Pvt Ltd v. Tamil Nadu Civil Supplies Corporation
Citation: 2022 LiveLaw (Mad) 285
The Madras High Court has allowed a petition for quashing the tender process after the bidders approached the court citing Indonesia's ban on the export of RBD Palmolein and other palm products as a Force Majeure Event which made it impossible for them to complete the tender process.
Justice GR Swaminathan noted that Indonesia is a major supplier of Palmolein and therefore the ban order imposed by the said exporter itself has momentous consequences on the market.
The major factor that weighed with the court in granting relief was that the Tender Authority failed to open the bid on time and in the intervening period, the ban was imposed. Hence, it was of the view that though bidders offers constitute "Standing Offers" so as to bind them the moment the tenders were opened and accepted by the Respondent Corporation, however, this position will follow only where the tender had taken place as per the tender notification.
Case Title: S Krishnamurthy v. Dr Manivasan
Citation: 2022 LiveLaw (Mad) 288
Elaborating on the thought that the measure of a society is the way in which it treats its most vulnerable, the Madras High Court recently issued a slew of directions to the State Government for proper maintenance of the Old Age Homes in the state.
These directions involved frequent inspections, compliance to the executive orders, registration of old age homes, maintenance of record, cancellation of registration in case of non-compliance, and establishment of a grievance cell.
The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad was adjudicating upon a contempt petition alleging that an earlier order of the Government directing the State to ensure proper compliance of the Government Order dealing with proper administration of Old Age Homes. While issuing direction the court also remarked that the society could not be positively transformed through judicial directions alone and the society had major role to play in ensuring the well being of the senior citizens of the country.
Case Title: The State of Tamil Nadu and others v. R Chitradevi and others
Citation: 2022 LiveLaw (Mad) 290
The Madras High Court recently observed that the relevant date while considering the pensionary benefits of Teachers would be the date on which the teacher entered into service and not the date on which the appointment was actually confirmed.
Justice S. Vaidyanathan and Justice N Mala relied on the decision in V.Vasanthi v. State of Tamil Nadu wherein, on similar facts, the court had held that the service period of teachers commences from the date of appointment and not from the date of approval, even though the monetary benefits start to accrue only from the date of completion of the training. Thus, the service rendered before the completion of training was also to be considered for pension.
Case Title: C.Soman v. The Secretary, HR&CE and others
Citation: 2022 LiveLaw (Mad) 291
Coming down heavily on a Petitioner seeking direction that the non-Hindus should not be permitted to participate in the Kumbabishegam festival of Arulmighu Adikesava Perumal Thirukovil at Thiruvattar, the Madras High Court held that a person belonging to any religion should neither be prevented nor prohibited entry into a temple.
Justice PN Prakash and Justice R Hemalatha approached the issue with a broader prospective. The court even went on to give examples of temples playing songs rendered by Dr. KJ Yesudas, a Christian by birth and how Hindu Worshippers visited Vailankanni Church and Nagore Dargah regularly.
Additionally, the court also pointed out that when such a public function like the Kumbhabhishegam of a temple is performed, it would be impossible for the authorities to check the religious identity of every person to permit entry into the temple.
Case Title: C Sivakumar v. A Srividhya
Citation: 2022 LiveLaw (Mad) 297
While granting the relief of divorce to a husband on the ground of cruelty by his wife, the bench of Justice V.M Velumani and Justice S Sounthar recently observed that the act of wife suspecting the character of the husband and making allegations of extra marital affair in the presence of his colleagues would all amount to mental cruelty. The court also noted that the respondent wife had also given police complaint connecting the appellant husband with his female colleagues without specifically naming anybody. Such a police complaint would also amount to cruelty when it is not substantiated by any evidence. The court observed that during the time of separation, the respondent had removed her thali chain. The court opined that tying of Thali Chain was an essential ritual in marriage ceremony and its removal was an unceremonious act.
Case Title: K.Lal Bhagadhur Sasthri v. The Director of Medical Education and another
Citation: 2022 LiveLaw (Mad) 300
Observing that digitisation should lead to empowerment and not deprivation, the Madras High Court recently directed the Director of Medical Education and its Selection Committee to award a compensation of Rs. 1 lakh to a student who failed to register himself for the NEET counselling process due to technical glitches and poor internet connectivity in his village, thereby losing admission prospects.
The Madurai Bench of Justice GR Swaminathan observed that the state had an obligation to compensate a student who was deprived of his entitlement due to "digital divide". The court also directed the Department to ensure that the selection procedure is conducted in such a way so that incidents like these do not occur in future.
Case Title: M/s.R.K.Emu Farms and others v. State Represented By Inspector of Police
Citation: 2022 LiveLaw (Mad) 308
The Madras High Court recently set aside the order of conviction of one M/s. RK Emu Frams which was convicted under Sections 120B, 420, and 406 IPC and Section 5 of the Tamil Nadu Protection Of Interests of Depositors (TNPID) Act after observing that the order of conviction was passed without hearing the appellant/accused.
Justice Bharatha Chakravarthy noted that the right of the accused to be represented was an integral part of Article 21 of the Constitution and that even when the counsel for the accused is absent, the Court should not remain helpless and must appoint an Amicus Curiae to represent the accused.
Case Title: Sathiya v. State
Citation: 2022 LiveLaw (Mad) 311
In a rare incident, the Madras High Court released a mother, convicted for killing her two daughters, on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. Justice Bharatha Chakravarthy saw the case as a testimony to the gender inequality prevailing in the country.
The court found it to be a case of "Nalla Thangal syndrome" wherein unable to bear the taunt of the society, the state of mind of the mother led her to attempt suicide and kill her children along with it. This concept of "state of mind" had been previously considered by the court in the case of Suyambukani Vs. State of Tamil Nadu and was later reiterated by a division bench in Poovammal Vs. State.
Case Title: Irfana Nasreen v. The State
Citation: 2022 LiveLaw (Mad) 320
Allowing an application for alteration of FIR filed by an estranged wife, the Madras High Court recently directed the respondent police to register offences under Section 417 and 420 of IPC for cheating against the husband who deceived the wife by non-disclosing his impotency.
Justice V Sivagnanam of the Madurai Bench directed the respondent police to add the offences along with already existing Section 498-A and 406 and submit the final report within four months after investigation.
Case Title: Dr.R.Senthilkumar v. The State and others
Citation: 2022 LiveLaw (Mad) 325
The Madras High Court recently quashed criminal proceedings against a doctor registered with State Homoeopathy Medical Council who was found practicing in Allopathy Medicine.
Justice Teeka Raman observed that Homeopathy, Ayurveda, Siddha and Unani practitioners who are registered in the Tamil Nadu Board of Indian Medicine are eligible to practice in the respective system with Allopathy based on the training and teaching they had in the Course. The court however cautioned that such persons cannot exclusively practice Allopathy medicine.
Case Title: P.Ranganathan and another v. The State of Tamil Nadu and others
Citation: 2022 LiveLaw (Mad) 328
The Madras High Court recently directed the Archaeological Department to take control of the property of Thalaivetti Muniyappan Temple at Kottai Road, Periyeri Village, Salem District after the Archaeological department confirmed that the idol inside the temple depicted the mahalakshanas of Lord Buddha.
The court also prevented any further pooja from being conducted in the temple. Justice Anand Venkatesh observed that allowing Hindu Religious and Charitable Endowment (HR&CE) department to continue treating the sculpture as that of Thalaivetti Muniappan would be against the tenets of Buddhism.
Case Title: Vasmi Sudarshini v. The Sub Registrar
Citation: 2022 LiveLaw (Mad) 329
Coming to the aid of a young couple, the Madras High Court allowed solemnisation of marriage through virtual mode with the groom in USA and bride in India. The court also allowed the bride's plea for getting marriage certificate by observing that she could affix signature in the certificate for both herself and the groom as she had a power of attorney to that effect.
Justice GR Swaminathan of the Madurai bench observed that Section 12 of the Special Marriage Act 1954, gives liberty to the parties to adopt any form of solemnisation of marriage provided that it must be recognised and reasonable and not against public policy.
Passenger May Be Prosecuted For Motor Accident Caused By Drunk Driver: Madras High Court
Case Title: Dr. Lakshmi v. State
Citation: 2022 LiveLaw (Mad) 335
The Madras High Court recently held that a co-passenger in a vehicle involved in motor accident caused by an inebriated driver can be prosecuted for instigation and culpable homicide not amounting to murder under Section 304 (ii) of IPC.
Justice Bharatha Chakravarthy held that the co-passengers could not escape liability by merely claiming that they were merely sitting in the passenger seat and were not behind the wheels.
The court noted that the petitioner had committed a "positive act" in opening the door and sitting in the front seat of the car and thus participating in the journey. Whether this positive act would amount to instigating the driver to drive in an inebriated state would depend on the facts of each case. In the present case, the parties were going on a night stroll which would amount to instigation.
Case Title: Kannan v. State rep. by the Deputy Superintendent of Police and others
Citation: 2022 LiveLaw (Mad) 341
The Madras High Court recently reiterated that a bail court, while considering an application under Section 167(2) CrPC was not concerned with going into the merits of the case. The court had to consider such an application for default bail by considering whether the statutory period for filing a charge sheet or challan had expires, whether the charge sheet or challan had been filed and whether the accused was prepared to and had furnished bail.
Justice Murali Shankar, while setting aside the decision of the lower court, also criticized the order passed by the Sessions Judge. The court expressed shock over the manner in which the impugned order was passed and the personal liberty of the accused was handled by the Judicial Officer.
Case Title: Natchal vs. V Chokkalingam
Citation: 2022 LiveLaw (Mad) 344
The Madras High Court has held that hormonal imbalance or irregular periods would not amount to impotency of a woman and would not mean that she is unfit to have sex.
Justice RN Manjula observed thus while hearing a revision petition against a Family Court's order directing a woman's medical examination on her husband's plea for annulment of marriage citing non-consummation.
The bench held that when the woman herself had admitted the fact of her hormonal imbalance and details of examination by a gynecologist, it was unnecessary to subject her to medical examination.
Case Title: V Anusha v. B Krishnan
Citation: 2022 LiveLaw (Mad) 352
While allowing a wife's plea for permanent injunction, the Madras High Court has opined that if removal of the husband from home alone is the only way to ensure domestic peace, the Family Courts should not hesitate to pass such orders.
The bench of Justice RN Manjula observed,
"The protection orders are normally given to ensure the peaceful movement of a woman within her domestic sphere. When a woman fears the presence of her husband and screams, the Courts cannot be indifferent by just directing the husband that he should not harass the wife, but by allowing him to reside in the same house."
Case Title: O Paneerselvam v. AIADMK and others
Citation: 2022 LiveLaw (Mad) 355
The Madras High Court on Wednesday ordered to conduct a fresh General Council Meeting of the AIADMK party. The court also ordered the status quo ante, as existed on June 23, before the General Council meeting took place on July 11. The court observed that only the coordinator and the joint coordinator had the powers to convene the General Council. Thus the court in effect canceled the General Counsel meeting held on July 11 and as a result the election of Edappadi Palaniswamy as interim General Secretary of the party
The bench of Justice G Jayachandran thus allowed a plea moved by former Tamil Nadu CM O Paneerselvam challenging his expulsion from the party and the General Council meeting of the AIADMK party that was conducted on July 11. Another General Council member P Vairamuthu had also approached the court challenging the General Council meeting.
Case Title: S Sasikumar v. The Vice Chancellor and others
Citation: 2022 LiveLaw (Mad) 357
While dealing with a challenge to the suspension of a law student, the Madras High Court stressed pon the need to install portraits of Dr. BR Ambedkar in Law colleges. Justice GR Swaminathan, therefore, directed the Director of Legal Studies, Chennai to issue a circular mandating the installation of portraits of Dr. Ambedkar in all Government Law Colleges.
Case Title: All India Adi Saiva Sivacharyargal Seva Sangam v. State of Tamil Nadu and others
Citation: 2022 LiveLaw (Mad) 364
In a significant judgment, the Madras High Court on Monday exempted temples constructed as per agamas from the rules brought by the Tamil Nadu Government in 2020 in relation to the qualifications and appointments of archakas/poojaris.
A division bench of the High Court read down Rules 7 and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 to hold that they will not apply to temples constructed as per agamas.
The High Court said that reading down these Rules are necessary so as to exempt temples constructed as per agamas. Otherwise, it would offend the fundamental rights to practice religion and the rights of a religious denomination to manage its affairs guaranteed under Articles 25 and 26 of the Constitution. The Court however refrained from striking down the said Rules in their entirety, as they dealt with other appointments as well.
Madras High Court Orders Complete Abolition Of 'Orderly System' From TN Police In Four Months
Case Title: U Manickavel v State and others
Citation: 2022 LiveLaw (Mad) 366
The Madras High Court on Tuesday passed final orders in the case against engagement of uniformed Police officers as orderlies at the residence of higher officials in Tamil Nadu.
Justice SM Subramaniam today directed the authorities to ensure that the orderly system is completely abolished within a period of four months. The court also directed the authorities to remove the orderlies appointed in the residence of retired officials as the same amounts to illegality and a violation of the law.
Further, if any complaint/ information was received with respect to misconduct or offence by officials, the authorities were directed to conduct enquiry and initiate all appropriate actions under the relevant laws and under the Discipline and Appeal Rules.
With respect to illegal occupation of the official police quarters, the court directed to initiate steps for eviction in the manner known to law.
Case Title: M Sekar v. The District Collector and others
Citation: 2022 LiveLaw (Mad) 372
While directing the Assistant Commissioner of Hindu Religious and Charitable Endowment to appoint a fit person to look into the affairs of the Sri Madurai Veeran, Karupparayan and Kannimar temple at Erode, the Madras High Court expressed concern on how temples were now becoming a cause for disturbance of law and order due to "ego clashes" between worshippers.
Justice Anand Venkatesh observed that temples are supposed to bring man closer to god. However presently, the courts were flooded with litigations and the police and revenue authorities were made to spend their lives resolving disputes between disputing parties.
Madras High Court Sets Aside Single Judge Order Restoring Status Quo Ante As On 23rd June In AIADMK
Case Title: E Palaniswamy v. O Paneerselvam
Citation: 2022 LiveLaw (Mad) 379
The Madras High Court on Friday set aside the order of a single judge restoring the status quo ante in the AIADMK party as on 23rd June, 2022.
The bench of Justice M Duraiswamy and Justice Sunder Mohan passed the orders allowing an appeal preferred by Edappadi Palaniswamy.
Further, the court held that when majority of the General Council members, who were elected by the primary members, were in favour of convening a general council meeting on 11th July and had also supported the resolutions made on 23rd June, the balance of convenience was in favour of the appellants.
Case Title: S. Annapoorni v. K Vijay
Citation: 2022 LiveLaw (Mad) 381
The Madras High Court on Friday ruled in favour of original jurisdiction of High Court for hearing child custody and guardianship cases in a 3:2 majority decision.
Justice R Mahadevan, Justice M Sunder and Justice AA Nakkiran delivered the majority judgment and held that the jurisdiction of the High Court on original side is not ousted in view of explanation (g) to Section 7(1) of the Family Courts Act. They further observed that the judgement in Mary Thomas continued to be a good law.
Justice PN Prakash and Justice Anand Venkatesh however ruled against original jurisdiction of High Court and held that Mary Thomas was not a good law.
Case Title: Kanthan v State and others
Citation: 2022 LiveLaw (Mad) 390
The Madras High Court recently remarked that information technology today is posing a great challenge in upbringing of teenagers, whose minds are often affected by easily accessible pornography, misleading them and making them indulge in sexual offences without understanding its consequences.
The Madurai bench of Justice J Nisha Banu and Justice N Anand Venkatesh emphasized that whenever these teenagers are arrested, efforts should be made to attend to their mental perversity.
Case Title: M Satheesh v. Secretary, Revenue Department and others
Citation: 2022 LiveLaw (Mad) 393
The Madras High Court has categorically held that the reservation for women in public employment can only be made horizontally and not vertically. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala, thus, directed the Tamil Nadu Public Service Commission to amend the Tamil Nadu Government Servants (Conditions of Service) Act of 2016 accordingly or otherwise the same would be declared ultra vires.
Case Title: Melmaruvathur Adhiparasakthi Institute of Medical Sciences v. Union of India and others
Citation: 2022 LiveLaw (Mad) 394
In a significant judgment, the Madras High Court on Friday directed the National Medical Commission to revisit the office memorandum which directed that fees in 50% seats in Private Medical Colleges and Universities should be at the rate of Government seats. The Court said that the structure should be amended in such a way that merit is not affected.
The NMC has been asked to reconsider the Office Memorandum and if necessary issue a fresh OM. Till such exercise is completed, the present fee structure prescribed shall continue.
The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala also upheld the validity of Section 10 of the National Medical Commission Act.
Case Title: Kasthuribha and Indira Nagar Residents Welfare Forum v. Secretary, PWD
Citation: 2022 LiveLaw (Mad) 400
While disposing of a writ petition filed by Kasturbha and Indira Nagar Residents Welfare forum seeking to remove encroachments from the Buckingham Canal lying between Chennai and Puducherry, the Madras High Court emphasised that it was the duty of every individual to protect and improve the national environment and the national assets
The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that the citizens and the government were two wheels of development and if any one wheel derails, it will affect the development.
The court also pointed out that encroachments were a direct reflection on the failure of the Government to provide basic facilities to the poor.
Case Title: Registrar Judicial v. Shankar @ Savukku Sankar and others
Citation: 2022 LiveLaw (Mad) 404
The Madras High Court(Madurai Bench) on Thursday sentenced Savukku Shankar to six months simple imprisonment in a suo moto contempt proceeding for his remarks against the higher judiciary. The bench also refused to entertain the request of Mr. Shankar to suspend the sentence until filing of appeal before the Supreme Court. The court thus directed that Mr. Shankar be forthwith taken to custody and lodged in Central Prison, Madurai.
The orders were passed by a bench of Justice GR Swaminathan and Justice B Pugalendhi. This was the second suo moto contempt proceeding initiated against Mr Shankar.
Case Title: Gotla Alex Binoy v. IOP Chennai
Citation: 2022 LiveLaw (Mad) 415
Granting anticipatory bail to a biker accused of performing dangerous stunts on a public road, the Madras High Court directed the 22-year-old to upload a video on his Instagram account against reckless driving and also report before a trauma ward duty doctor at Rajiv Gandhi Government General Hospital for three weeks.
The directions are part of the conditions imposed by the court while granting him the pre-arrest bail. Justice AD Jagadish Chandira ordered the accused to report to the Duty Doctor at Rajiv Gandhi Government General Hospital and assist the Ward Boys at the Trauma Ward in taking care of the patients from Tuesday to Saturday between 8 am and 12 PM for three weeks.
Case Title: SJ Sheik Abul Asim v The Registrar cum Chairman and others
Citation: 2022 LiveLaw (Mad) 417
While hearing a Degree Graduate's plea seeking to allow him to study law in the absence of a 12th Standard Degree, the Bar Council of India informed Justice GR Swaminathan that as per the decision taken by its Legal Education Committee on 21st May 2022, diploma courses and polytechnic courses will be treated at par with a 12th standard certificate.
Case Title: Kaladi v. District Collector and others
Citation: 2022 LiveLaw (Mad) 420
Directing the Thoothukudi District Collector to take a decision on a resident's representation seeking permission to install statues of social reformer Thanthai Periyar and Dr. B. R. Ambedkar at his property, the Madras High Court has said there cannot be any objection from anyone against it as both of them are respected by people in the state.
"As far as Tamil Nadu is concerned, there cannot be any objection from anyone for erecting the statues of Thanthai Periyar or Dr.Ambedkar. The people individually have respects for these leaders," said Justice Sathi Kumar Sukumara Kurup.
Case Title: Mr N Nagarajan v. Mr. Schekar Raj
Citation: 2022 LiveLaw (Mad) 425
Moved by the plight of an old couple, the Madras High Court recently upheld the judgement and decree of the trial court and cancelled a settlement deed executed in favour of their son, after the court was convinced that the son failed to look after the aged parents.
Even if the deed is considered as a settlement deed by virtue of Section 23 of the Maintenance Act the same has to be declared void in as much as the plaintiff has failed to comply with the obligations imposed upon him under the deed by ignoring the medical needs of the parents.
Third Gender Candidates Entitled To Special Reservation: Madras High Court
Case Title: Tamilselvi v. The Secretary to Government and others
Citation: 2022 LiveLaw (Mad) 430
The Madras High Court has directed the state Health and Family Welfare Department and Directorate of Medical Education to provide special reservation to the third gender/ transgender in the admissions for Post Basic (Nursing) Course.
The direction was passed after a transgender woman approached the court with a plea seeking quashing of the Prospectus issued for the Post Basic (Nursing) Course and Post Basic Diploma in Psychiatry Nursing Course for the academic year 2022-2023 after she was considered only a woman in the merit list prepared by the Selection Committee.
Justice R Suresh Kumar observed that the non-inclusion of the petitioner in the special category was not just a mere omission but against the principles laid down by the Supreme Court and the Transgender Persons (Protection of Rights) Act, 2019.
Case title - Abirami S v. The Union of India and others
Case Citation: 2022 LiveLaw (Mad) 432
In a significant observation, the Madras High Court (Madurai Bench) has said that the principles of the Citizenship (Amendment) Act 2019 can very well be made applicable to the Hindu Tamils who were the primary victims of the racial strife in Srilanka.
The bench of Justice G. R. Swaminathan observed thus as it took into account the fact that Srilanka does not fall within the ambit of CAA 2019, a parliamentary law that permits the persecuted minorities from Pakistan, Afghanistan, and Bangladesh to get Indian Citizenship.
All Directors Of Pharma Company Liable For Production Of Substandard Drugs: Madras High Court
Case Title: Vikas Rambal and others v. The State
Citation: 2022 LiveLaw (Mad) 434
The Madras High Court recently dismissed a petition filed by directors of Sunrise International Labs for quashing a criminal proceeding initiated against them alleging that the company supplied drugs of substandard quality.
Justice G Jayachandran rejected the contention of the directors that the prosecution should be quashed against them since they were not involved in the day to day functioning of the company.
The court observed that the decision to manufacture drugs was a collective decision of the board of directors and thus all the directors will be made liable. The directors could not merely claim that they were not involved in the production of the drugs.
Case Title: Commissioner of Income Tax v. M/s MAC Public Charitable Trust (batch)
Citation: 2022 LiveLaw (Mad) 448
The Madras High Court on Monday deprecated the practice of receiving capitation fee in exchange of admissions. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq held that such practice of receiving capitation fee is against the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992.
It is therefore beyond the pale of any doubt that education can never be a commercial activity or a trade or business and those in the field of education will have to constantly and consistently abide by this guiding principle. However, the undeniable reality staring at our face is the collection of capitation fee as a condition precedent for admission into educational institutions.
Case Title: R Karthikeyan v. K Phanindra Reddy IAS
Citation: 2022 LiveLaw (Mad) 454
The Madras High Court on Friday permitted the Rashtriya Swayamsevak Sangh to carry out a procession at 44 locations out of the 50 requested for, on November 6.
Justice GK Ilanthiraiyan said the procession could be carried out in 44 locations, after perusing the sealed cover report. For six locations i.e., Nagercoil, Coimbatore city, Pollachi, Tirupur, Palladam, and Arumani, the court did not grant permission procession as it found "some materials".
The court directed the organization to conduct the proceeding in compounded premises such as Ground or Stadium. The participants were directed to go by their respective vehicles without causing any hindrance to the general public and traffic. Even during the programs, the participants were directed not to make adverse remarks against any of the individuals or the organisations banned by the Government.
The participants shall not bring any stick, lathi or weapon that may cause injury to any one.
Case Title: Vinoth v Sub Divisional Magistrate and others
Citation: 2022 LiveLaw (Mad) 458
The Madras High Court recently came down heavily on Executive Magistrates passing orders "without knowing or understanding the basic concepts of criminal law". The remarks were made while hearing a challenge to an order passed by the Sub-Divisional Magistrate cum Revenue Divisional Magistrate under Section 122(1) (b) of CrPC.
Justice K Murali Shankar lamented that the Executive Magistrates were passing orders mechanically, without conducting any sort of inquiry.
The court thus noted that the government should conduct Training/Refresher Courses for newly appointed Executive Magistrates to ensure that they conduct enquiry in a proper manner.
Case Title: Sunitha v. Additional Chief Secretary to Government and others
Citation: 2022 LiveLaw (Mad) 462
Expressing shock over Tamil Nadu government's abuse of preventive detention laws, the Madras High Court has said that it will impose costs on the State whenever a preventive detention order is found to be illegal.
The division bench of Justice MS Ramesh and Justice Anand Venkatesh gave the ruling in two habeas corpus petitions filed by relatives of the detenues under The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual offenders, Slum-Grabbers and Video Pirates Act, 1982.
The court held that callous indifference towards the violation of fundamental rights guaranteed under Article 21 of the Constitution clearly constituted a "Constitutional Tort". It added that such detention orders, which are passed ignoring the law, only to be set aside, clearly shows the State's refusal to follow the law.
Case Title: S Muthumalai Rani v The Secretary and others
Citation: 2022 LiveLaw (Mad) 466
The Madras High Court recently directed the government to constitute "Flying Squads" at Regional and District levels to conduct frequent surprise inspections in Government Hospitals, Primary Health Centres, etc., across the State to ensure that Doctors and other staffs are properly working in the hospitals and also ensure that the Hospitals are working in a good manner.
The court also directed that the activities of the Flying Squad could be monitored by the Head of Departments or the Government to maintain its efficiency.
Case Title: Arul Daniel v Suganya and other connected matters
Citation: 2022 LiveLaw (Mad) 467
A Full Bench of the Madras High Court on Thursday held that proceedings under Section 12 of the Domestic Violence Act can be challenged in the High Court only under Article 227 of the Constitution and not by invoking the court's power under Section 482 CrPC.
The matter was referred to the bench of Justice PN Prakash, Justice RMT Teeka Raman and Justice AD Jagadish Chandira after Justice N Satish Kumar, while considering a batch of petitions seeking to quash the application filed under Section 12 of the DV Act by invoking the provision under Section 482 CrPC, in an order observed that a division bench's recent ruling on the legal question was not in consonance with the Supreme Court decisions.
While disposing of the petition, the larger bench observed that the High Court did not have the powers to quash proceedings under the Domestic Violence Act through Section 482 of CrPC. It observed that this is because, under the Domestic Violence Act, a Magistrate court is the designated court to hear applications. Since Magistrate's court is not a criminal court, a petition under Section 482 is not maintainable. The High Court could thus entertain challenges against proceedings under Domestic Violence Act only under Article 227.
Case Title: M.R.Sivaramakrishnan v State and another
Citation: 2022 LiveLaw (Mad) 471
While dismissing a petition to quash the final report with respect to a sexual harassment case on the ground that the harassment did not occur in the public place, the Madras High Court held that harassment of a woman would still be an offence punishable under Section 354 IPC.
Even for the sake of argument, if it is understood that in order to punish the accused for the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, the occurrence ought to have occurred in a public place, still the harassment of a woman is an offence and the accused can be punished under Section 354 IPC. Because, the Court is not precluded to punish the accused for any other lesser offence, if the offence is cognizable in nature, Justice RN Manjula observed.
Case Title: Mr.K Varathan v Mr. Prakash Babu Nakundhi Reddy
Citation: 2022 LiveLaw (Mad) 475
The Madras High Court recently observed that when a suit does not have an "urgent interim relief" it will be hit by Section 12A of the Commercial Courts Act which bars any commercial suit wherein pre- institution mediation was not carried out.
Justice M Sundar said that 'interim' relief and 'urgent interim' relief are distinct and one cannot escape pre-litigation mediation unless a case for the latter is proved.
The court thus set out certain tests/parameters (illustrative, not exhaustive) to be looked into to see if a relief was an "urgent interim relief":
Case Title: P Muthusamy and ors v Mrs P Vennila and ors
Citation: 2022 LiveLaw (Mad) 476
Lamenting the casteism still prevailing in the country, the Madras High Court noted that even after 75 years of Independence, the government still has to provide separate burial grounds on communal lines. Justice R Subramanian and Justice K Kumaresh Babu observed that the government should ensure that at least the burial grounds should be made common to all communities.
But even in the Twenty First Century, we are left grappling with casteism and classification based on caste is made even in matters of burial of the dead. This situation has to change and the change should be for the better. We sincerely hope that the Government of the day would come forward to make a beginning by making at least burial grounds and burning grounds common to all communities.
Case Title: Vinoth R v. Additional Chief Secretary to Government and others
Citation: 2022 LiveLaw (Mad) 478
The Madras High Court on Monday directed the District Collectors of Tenkasi, Tirunelveli, Kanyakumari, Coimbatore and Ooty to form a committee to curtail illegal diversion of the natural flow of waterfalls by the private resorts, who have created artificial waterfalls at their properties.
"We are of the view that the natural waterfalls which emerge after thousands of years of natural wear, tear, erosion and geomorphological changes, cannot be permitted to be cut and diverted by illegal means to the private resorts/estates/properties by the private persons," said the court.
The Madurai bench of Justice R Mahadevan and Justice Sathya Narayana Prasad directed the collectors to form a committee in their districts for inspection of the private resorts or estates in question.
Case Title: Leelavathi and another v. Kamala and others
Citation: 2022 LiveLaw (Mad) 479
Justice D Bharatha Chakravarthy of the Madras High Court has apologised to four women litigants before it for the insestivity shown to them by a lawyer, by putting humiliating questions to them during cross-examination.
The four women (plaintiffs) were wife and daughters of one VR Mani (deceased) who abandoned them for want of a son and then married defendant no.1 who gave birth to his son, defendant no. 2.
In a property dispute between the two sides, the lawyer appearing for the defendants "very high-handedly" put questions to Mani's first wife, suggesting that she is of loose character and even questioning the paternity of her two daughters. The Court found that the allegations were not backed by any valid material.
Justice Chakravarthy apologized that such an episode took place under the supervision of the Court and assured the three daughters that they are as good as sons.
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.
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.
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.
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.
Case Title: Narendra Kumar Gupta v State rep by Assistant Director, Directorate of Enforcement
Citation: 2022 LiveLaw (Mad) 506
While allowing the bail plea of a man charged under the Prevention of Money Laundering Act, the Madras High Court reiterated that personal liberty could not be arbitrarily taken away unless in accordance with law.
The bench of Justice AD Jagadish Chandira, after observing that the petitioner was also suffering from a medical condition remarked that the man needed medical intervention.
Since there was no concrete ground for denial of personal liberty and being satisfied that the petitioner had complied with the twin conditions for granting bail, the court allowed the petition on the condition that the petitioner shall deposit the title deeds of immovable property worth 5 crores and executing a bond for a sum of rupees ten thousand.
Case Title: Isha Foundation v Union of India and others
Citation: 2022 LiveLaw (Mad) 507
Madras High Court on Wednesday allowed Isha Foundation's plea against a show cause notice issued to it in Tamil Nadu 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.
The bench of Acting Chief Justice T Raja and Justice D Krishnakumar observed that since the foundation was carrying on construction work for promoting group development activities and for promoting yoga, it came within the definition of an educational institution and thus was exempted from seeking prior environmental clearance.
Case Title: ML Ravi v. The Additional Chief Secretary to the Government and another
Citation: 2022 LiveLaw (Mad) 515
The Madras High Court on Wednesday dismissed a Public Interest Litigation challenging a Government Order issued by the Energy Department permitting Tamil Nadu Generation and Distribution Corporation (Tangedco) to insist on linkage of Aadhaar number with electricity consumption consumer billing number for availing certain services.
The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy dismissed the petition observing that the same was devoid of merits.
The court relied on the decision of the Apex Court in KS Puttaswamy wherein it was held that Adhaar authentication can be insisted upon for welfare schemes under which the benefits, subsidies, or services are provided to intended recipients.
Case Title: R.Chandrasekar v. The Secretary to Government, Home (Transport) Department and others
Citation: 2022 LiveLaw (Mad) 516
The Madurai bench of Madras High court recently noted that use of stickers bearing official name, designation or political marks in vehicles is a tactic employed by violators to avoid being questioned by the police.
Justice R Mahadevan and Justice Sathya Narayana Prasad also opined that such stickers would in effect defeat the purpose of legislations standardising the marks and size of the number plate.
The court thus directed the Regional Transport authorities to conduct daily inspections and seize such vehicles if their number plates are not in accordance with the standards prescribed. The court also directed the authorities to impose fine and initiate appropriate action against the violators.
Case Title: S Lawrence Vimalraj v. The Registrar (Judicial) and others
Citation: 2022 LiveLaw (Mad) 519
Dismissing a petition seeking reservation for women in designation of Senior Advocate, the Madras High Court last week observed that conferring the status of Senior Advocate on an Advocate is a privilege and not a post. The bench of Justice M Sundar and Justice N Satish Kumar was hearing a plea by S Lawrence Vimalraj seeking equal numbers or 30% reservation for women advocates in the conferment of designation of Senior Advocates.
Dismissing the petition, the court said that the petitioner does not have any locus standi to go forward with the petition as he is neither an applicant nor an aggrieved person whose rights have been affected.
Case Title: K.Balasubramaniam v. The Commissioner, Greater Chennai Corporation and others (batch cases)
Citation: 2022 LiveLaw (Mad) 523
The Madras High Court recently upheld the validity of the Government Order issued by Tamil Nadu's Municipal Administration and Water Supply Department and the consequential resolutions of Greater Chennai Corporation and Coimbatore Corporation by which the property taxes in Chennai and Coimbatore were revised and increased.
The court however emphasised that this revision in tax rates could not be implemented retrospectively and rejected a revision notice to such extent.
Justice Anita Sumanth passed the decision on petitions challenging the Government Order revising property tax in Chennai and Coimbatore. Along with it, a challenge was also made to Property tax General Revision Notices for the period 2022-23 which made 1st April 2022 the effective date for the implementation of the new tax rates.
Case Title: Mir Anas Ali v State
Citation: 2022 LiveLaw (Mad) 525
The Madras High Court recently directed the Tamil Nadu State Judicial Academy to conduct a "refresher course" for judicial officers focusing on special enactments like Unlawful Activities Prevention Act (UAPA), Prevention of Children from Sexual Offences (POCSO) Act, SC/ST Act and NDPS Act.
The direction came from a bench of Justice P.N. Prakash and Justice N. Anand Venkatesh after it observed that the lower courts had failed miserably to follow proper procedure while dealing with the bail plea of a man accused under various provisions of IPC and UAPA.
The court noted that since the appellant was charged under the UAPA, only a special court would have the jurisdiction. As per a full bench decision of the Madras High Court in Jaffar Sathiq v. State, till the Special Courts are constituted by the State, the Court of Session alone will have the jurisdiction to entertain bail applications.
