Madras High Court Weekly Round-Up: June 12 To June 18

A weekly round-up of important cases from the Madras High Court and subordinate courts: Citations: 2023 LiveLaw (Mad) 165 To 2023 LiveLaw (Mad) 168 NOMINAL INDEX K. Mubeena Banu v. Tamil Nadu Health & Family Welfare Department and others, 2023 LiveLaw (Mad) 165 Ditty Mathew v. The Secretary and others (and connected case), 2023 LiveLaw (Mad) 166 S Megala v The State and others, 2023 LiveLaw (Mad) 167Senthil Balaji v. A Shankar, 2023 LiveLaw (Mad) 168 REPORTS Govt Hospitals Flooded With Patients; Court Cannot Interfere With Medical Decision Of Specialists: Madras High Court Case Title: K.MubeenaBanu v. Tamil Nadu Health & Family Welfare Department and others Citation: 2023 LiveLaw (Mad) 165 While refusing relief to a mother alleging medical negligence, the Madras High Court said the government hospitals in the country are already flooded with patients and the courts cannot be expected to interfere with the decisions of the specialist doctors with respect to the treatment to be provided to patients. Justice SM Subramaniam also observed that High Courts, under Article 226, cannot be expected to act as an expert body and pass directions for treatment as the same would amount to excess exercise of judicial review. Beef Fest At IIT: Madras High Court Says Students Have Right To Protest But Cannot Be Permitted To Go Berserk Case Title: Ditty Mathew v. The Secretary and others (and connected case) Citation: 2023 LiveLaw (Mad) 166 The Madras High Court disposed of a Public Interest Litigation filed by students of Indian Institute of Technology (IIT) Madras seeking action against police officials who allegedly attacked students during a protest in 2017. The students were protesting against an attack on a PhD Scholar who had participated in a Beef Fest conducted by some students of the institute in light of the Union government's notification regulating the sale of cattle for slaughter. The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu closed the petitions after noting that six FIRs have already been registered and that the cases are pending before the trial court. The court also said that even though students have the right to protest but they must do so in a peaceful manner in accordance with law. Madras High Court Denies Interim Bail To Tamil Nadu Minister Senthil Balaji, Allows His Transfer To Private Hospital Case Title: S Megala v The State and others Citation 2023 LiveLaw (Mad) 167 The Madras High Court denied interim bail to Tamil Nadu Minister Senthil Balaji but allowed his family's request to transfer him to a private hospital — Kauvery Hospital, for treatment. The bench of Justice J Nisha Banu and Justice Bharatha Chakravarthy passed the orders on the habeas corpus petition filed by Meghala, Balaji's wife. The court said that since a challenge has been raised in the manner of his arrest, the question would be whether all the procedures have been followed and whether there was any illegality. The court said that it would take up the petition and issued notices to the respondent authorities to be returnable by June 22. The court also noted that in matters concerning health, one should be allowed to get treatment at a place of his choice. The court noted that since both the doctors at Omandurar Government Hospital and the ESI doctors have suggested immediate treatment to Balaji, it would be better of he is given such treatment. At the same time, the court said that the medical expenses should be met by Balaji himself. Since ED had objected to Balaji's transfer to a private hospital, the court, while allowing the transfer, also directed that the team of doctors constituted by ED can regularly monitor Balaji's treatment at the private hospital. ALSO READ: Habeas Corpus Plea Filed In Madras High Court Against Senthil Balaji’s Arrest By ED, Justice Sakthivel Recuses Madras High Court Vacates Interim Order Restraining Savukku Shankar From Making Statements Against Senthil Balaji Case Title: Senthil Balaji v. A Shankar Citation: 2023 LiveLaw (Mad) 168 The Madras High Court has vacated an interim order which had restrained Youtuber Shankar alias Savukku Shankar from making derogatory videos and statements against Minister V Senthil Balaji. Justice K Kumaresh Babu noted that as per previous decisions of the Supreme Court and the High Court, only statements of a person dealing with private life would be subject to scrutiny in a pretrial stage. The court added that in the present case, the videos and comments were made against the Minister in his official duty and thus the court was not inclined to grant the relief of injunction prayed for. At the same time, in another petition moved by the Minister claiming that Shankar had violated the earlier order of the court and continued to make derogatory comments, the court directed Shankar to ...

Madras High Court Weekly Round-Up: June 12 To June 18

Upasana Sajeev

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