Madras High Court Weekly Round-Up: March 20 to March 26, 2023

Update: 2023-03-26 14:00 GMT

A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2023 LiveLaw (Mad) 93 To 2023 LiveLaw (Mad) 102 NOMINAL INDEX Mr VB Selvaganapathy B.A B.L v. The Registrar (Administration) High Court of Madras and Ors, 2023 LiveLaw (Mad) 93 AC Murugesan and others v. The District Collector and others, 2023 LiveLaw (Mad)...

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A weekly round-up of important cases from the Madras High Court and its subordinate courts.

Citations: 2023 LiveLaw (Mad) 93 To 2023 LiveLaw (Mad) 102

NOMINAL INDEX

Mr VB Selvaganapathy B.A B.L v. The Registrar (Administration) High Court of Madras and Ors, 2023 LiveLaw (Mad) 93

AC Murugesan and others v. The District Collector and others, 2023 LiveLaw (Mad) 94

Periya Elayaraja and others v. The District General of Police and others, 2023 LiveLaw (Mad) 95

Prashant Umrao @ Prashant Kumar Umrao v. Inspector of Police, 2023 LiveLaw (Mad) 96

The Sports Development Authority v. The Tamil Radhesoami Satsang Association, 2023 LiveLaw (Mad) 97

V Shanmugham (Deceased) and others v. Union of India and others, 2023 LiveLaw (Mad) 98

The Royal Lands and Nest Cooperative Housing Society Ltd v. The Government of Tamil Nadu and another, 2023 Livelaw (Mad) 99

Cont.P.No.2622 of 2022, 2023 LiveLaw (Mad) 100

Leena Manimekalai v. Susi Ganeshan, 2023 LiveLaw (Mad) 101

Santhosh vs. The Commercial Tax Officer & Anr., 2023 LiveLaw (Mad) 102

REPORT

Allotment Of Law Chambers Should Be As Per Procedure, Not Favouritism: Madras High Court

Case Title: Mr VB Selvaganapathy B.A B.L v. The Registrar (Administration) High Court of Madras and Ors

Citation: 2023 LiveLaw (Mad) 93

The Madras High Court has observed that favouritism while allotting law chambers should not be encouraged and the allotments should be made as per the established procedure. The court added that even if certain adjustments were to be made, they should not be unilateral decisions and the consent of the Lawyers concerned was necessary.

Justice SM Subramaniam noted that whenever any complaint was received with respect to the allotment, the allegations were to be enquired into in compliance with the rules of natural justice. The registry wsa expected to conduct an inquiry after affording an opportunity to all the parties.

No Forest Rights Merely Because Ancestors Resided In Forest, Must Establish Sole Dependency On Forest For "Bonafide Livelihood Needs": Madras High Court

Case Title: AC Murugesan and others v. The District Collector and others

Citation: 2023 LiveLaw (Mad) 94

While refusing relief to a group of persons claiming benefit under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, the Madras High Court noted that rights under the Act cannot be claimed merely on the ground that the ancestors originally resided in the forests. For claiming rights under the Act, it was necessary to establish that the persons were solely dependent upon the forest for their bonafide livelihood.

Justice N Satish Kumar also agreed with an earlier view taken by the division bench where it was held that bonafide livelihood included ploughing, irrigation, and planting for the purpose of livelihood, but not for commercial exploitation of the land.

Madras High Court Orders Police Action Against Unqualified Alternative Medicine Practitioners, Says State Must Act Against Unrecognised Institutes

Case Title: Periya Elayaraja and others v. The District General of Police and others

Citation: 2023 LiveLaw (Mad) 95

Refusing relief to 61 persons claiming to be practicing alternative medicine, the Madras High Court said that unqualified persons cannot claim any right to practice alternate medicines. The court was also critical of unrecognised institutions conducting six months medical courses and issuing diploma certificate and noted that the same would bring disastrous consequences for the society.

Justice SM Subramaniam said it is the duty of the State to ensure that these unrecognised institutions are dealt with properly and such invalid diploma certificates are cancelled.

Madras High Court Grants Anticipatory Bail To BJP's Prashant Umrao In FIR Over Tweets Regarding Bihar Migrant Workers In TN

Case Title: Prashant Umrao @ Prashant Kumar Umrao v. Inspector of Police

Citation: 2023 LiveLaw (Mad) 96

The Madras High Court has granted anticipatory bail to UP BJP Spokesperson Prashant Umrao in an FIR lodged by the Tamil Nadu police against him for allegedly spreading false information on the alleged attacks against the migrant workers from Bihar in Tamil Nadu.

Justice GK Ilanthiraiyan granted anticipatory bail on the condition that Umrao will file an undertaking stating that he will to tweet or forward any such message to promote enmity between different groups on grounds of religion, race, place of birth, residence, language etc., before the jurisdictional magistrate.

Can Entertain Delay Condonation Applications In Execution Proceedings Even In Absence Of Specific Provision: Madras High Court Reiterates

Case Title: The Sports Development Authority v. The Tamil Radhesoami Satsang Association

Citation: 2023 LiveLaw (Mad) 97

The Madras High Court recently reiterated that the courts have the power to entertain petitions for condoning delay in execution petitions even though the same has not been specifically provided for in the Code of Civil Procedure.

Justice K Kumaresh Babu followed an earlier decision of the Madras High Court in N.Rajendran v. SriramChits Tamil Nadu Private Limited where Justice V Ramasubramanian had traced out the history of the provisions regarding the execution petition and had held that though after the amendment of CPC, there was no specific provision for condonation of delay, as long as the provision was not inconsistent with the later amendments, the courts could follow the same.

ALSO READ: “Lackadaisical Attitude”: Madras High Court Imposes Cost On Sports Development Authority For Delay In Filing Applications To Set Aside Ex-Parte Order

Madras High Court Asks College To Pay Rs 5 Lakh Compensation To Family Of Engineering Student Who Drowned In Sea During Coastal Cleanup Drive

Case Title: V Shanmugham (Deceased) and others v. Union of India and others

Citation: 2023 LiveLaw (Mad) 98

The Madras High Court recently awarded a compensation of five lakh rupees to the family of a 3rd Year Engineering Student who drowned in sea during a Coastal cleanup drive organised by the college.

Justice SM Subramaniam held that the college was not responsible for the drowning of the student, who had voluntarily taken a bath in the sea despite instructions against the same. However, the court noted that the college had failed to inform the authorities about the intended cleanup activity and obtain prior permission.

Exemption From Stamp Duty Granted Under Tamil Nadu Cooperative Societies Act Not Applicable To Multi-State Cooperative Societies: Madras High Court

Case Title: The Royal Lands and Nest Cooperative Housing Society Ltd v. The Government of Tamil Nadu and another

Citation: 2023 Livelaw (Mad) 99

The Madras High Court recently observed that the exemption from payment of stamp duty granted by the government under the Tamil Nadu Cooperative Societies Act is not applicable to societies registered under the Multi State Cooperative Societies Act 2002.

Justice SM Subramaniam observed that Tamil Nadu Cooperative Societies Act is a State enactment whereas the Multi State Cooperative Societies Act is a central enactment.

Madras High Court Orders Action Against State's Deputy Law Secretary For Creating Ruckus Inside Court

Case No: Cont.P.No.2622 of 2022

Citation: 2023 LiveLaw (Mad) 100

The Madras High Court recently ordered the Law Secretary of Tamil Nadu government to take disciplinary action against C Nagarajan, the Deputy Secretary of Law Department, for allegedly misbehaving with government pleaders inside court.

Calling the act “scandalizing” and “lowering the authority of the Madras High Court”, Justice MS Ramesh asked the Principal Secretary to place Nagaraj under suspension from service in contemplation of the disciplinary proceedings.

Madras High Court Transfers Criminal Defamation Case Against Filmmaker Leena Manimekalai To Different Magistrate, Says Decide Within 3 Months

Case Title: Leena Manimekalai v. Susi Ganeshan

Citation: 2023 LiveLaw (Mad) 101

The Madras High Court recently ordered the transfer of a criminal defamation case against filmmaker Leena Manimekalai from a Metropolitan Magistrate Court to a different court within Saidapet. Director Susi Ganeshan had filed the criminal defamation case against Manimekalai after she accused him of sexual harassment during the MeToo movement.

Justice G Chandrasekharan noted that the magistrate had committed two procedural violations — the court had received proof affidavits of witnesses instead of examining the witnesses under oath in the open court and recording the chief examination, and the court had done examination of some witnesses (through proof affidavit) even prior to questioning the accused under Section 251 CrPC.

The court also noted that the Magistrate had permitted scrapping of evidence of certain witnesses even without giving opportunity to the petitioner to oppose the memo filed for scrapping the evidence.

Madras High Court Quashes The Criminal Proceedings Against Guarantor Of Assessee, For Assessee’s Failure To Pay Tax; States It's Only Contractual Liability And Not Criminal

Case Title: Santhosh vs. The Commercial Tax Officer & Anr.

Citation: 2023 LiveLaw (Mad) 102

The Madras High Court has quashed criminal proceedings against the guarantor of the assessee for failing to pay the tax dues of the latter to the Commercial Tax Department.

The Commercial Tax Officer (CTO) filed a private complaint before the Judicial Magistrate against the assessee as well as the petitioner, who stood as a guarantor with respect to the tax arrears of the business done by the assessee.

The Court remarked that though the petitioner had executed an undertaking or a guarantee in favour of the assessee to the Commercial Tax Department, the same was merely an agreement for which the petitioner can be attached only with contractual liability and not criminal liability.

The bench of Justice R.N. Manjula added that the guarantor cannot be implicated as an accused for the default committed by the assessee, since the guarantor was not an assessee in the eyes of the Puducherry Value Added Tax Act, 2007.

OTHER DEVELOPMENTS

[Jayalalithaa’s Death] Madras High Court Seeks Details Of Steps Taken By Govt On Arumugasamy Report

Case Title: RR Gopaljee v Union of India and others

Case No: WP No. 8489 of 2023

The Madras High Court has sought details from the State regarding the steps taken based on the report of Justice Arumugasamy Inquiry Commission which probed into the circumstances that led to the death of former Tamil Nadu Chief Minister Jayalalithaa.

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy made the inquiry in a plea filed by RR Gopaljee, publisher of a Tamil newspaper.

SC Collegium Recommends Names Of Four Judicial Officers For Appointment As Judges Of Madras High Court

The Supreme Court Collegium has recommended the elevation of five advocates and three judicial officers as Judges of the Madras High Court.

The resolutions by the Collegium Of Chief Justice D.Y. Chandrachud, and Justices Sanjay Kishan Kaul and K.M. Joseph recommended the following persons:

1. Shri R Sakthivel

2. Shri P Dhanabal

3. Shri Chinnasamy Kumarappan and

4. Shri K Rajasekar

Feces Mixed In Water Tank: Madras High Court Mulls Appointing Retired HC Judge To Monitor Probe

Case Title: K Rajkamal v. Secretary to government and other

Case No: WP 8925 of 2023

The Madras High Court has called for the Case Diary with respect to the investigation being carried out in relation to the unfortunate incident of mixing human feces in overhead tank which resulted in the hospitalisation of persons belonging to scheduled caste community in Pudukottai district.

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy also stated that the court would appoint a retired judge of the High Court to monitor the investigations being carried out by the CB-CID.

Madras High Court Reserves Orders On Pleas By OPS, Other Expelled AIADMK Members Challenging Party Resolutions

Case Title: Paul Manoj Pandian @ PH Manoj Pandian v. All India Anna Dravida Munnetra Kazhagam and others

Case No: OA 235 of 2023 (and other connected)

The Madras High Court has reserved orders on pleas filed by expelled leaders of the AIADMK party - O. Panneerselvam, P.H. Manoj Pandian, R. Vaithilingam and J.C.D. Prabhakhar challenging the party resolution dated July 11 2022 by which they were removed. The leaders had also challenged the elections to be held for the post of General Secretary of the party.

Justice K Kumaresh Babu heard the parties in detail on a special sitting. Earlier, the court gave nod for conducting the general secretary elections but directed the party not to declare the results till the challenges were disposed.

Centre Notifies Transfer Of Two Judges To Madras High Court; One Judicial Officer Appointed As An Additional Judge

The Central Government today notified the transfer of two Judges to Madras High Court - Justice Battu Devanand (From Andhra Pradesh High Court) and Justice Devaraju Nagarjun (Telangana High Court). Judicial officer P.Vadamali has also been appointed as an additional judge of the High Court.

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