Madras High Court Weekly Round-Up: April 10 To April 16

A weekly round-up of important cases from the Madras High Court: Citations: 2023 LiveLaw (Mad) 115 To 2023 LiveLaw (Mad) 119 NOMINAL INDEX Sankar v The State, 2023 LiveLaw (Mad) 115 Sivaprakasam v. The District Collector and 5 othrs, 2023 LiveLaw (Mad) 116 V Senthil Balaji v. Nirmal Kumar and others, 2023 LiveLaw (Mad) 117 Kudankulam Nuclear Power Employees Union v. Government of India and ors, 2023 LiveLaw Mad 118 Arulmigu Kalasalingam College of Education v. The Appeal Committee and others, 2023 LiveLaw (Mad) 119 REPORTS Madras High Court Grants Bail To Four Accused Of Obstructing Temple Demolition Case Title: Sankar v The State Citation: 2023 LiveLaw (Mad) 115 Recently, while disposing of a bail application preferred by two men including a lawyer who were alleged to have trespassed into a temple property and prevented the revenue officials from removing the illegal encroachments, the Madras High Court noted that the court could not be a silent spectator to the act of bulldozing. Justice G Jayachandran made the remarks on coming to know that the government officials had, in the guise of evicting the encroachers, demolished the age-old structure. If 75 Years After Independence, We Can't Celebrate Ambedkar Jayanti & Temple Festival On Same Day, What Will People Think?: Madras High Court Case Title: Sivaprakasam v. The District Collector and 5 othrs Citation: 2023 LiveLaw (Mad) 116 While dismissing a Public Interest Litigation seeking a prohibitory order in the Pattavarthi village of Nagapattinam district, the Madras High Court asked why the birth anniversary of Dr. BR Ambedkar and a temple festival can not be held on the same day. The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy said it is for the police to ensure that both the events happen on the same day and that the police is equipped to make the necessary arrangements. Social Media Followers, Speed With Which Messages Are Disseminated Relevant While Deciding Application For Deleting Tweets: Madras High Court Case Title: V Senthil Balaji v. Nirmal Kumar and others Citation: 2023 LiveLaw (Mad) 117 While disposing of the application filed by DMK Minister V Senthil Balaji seeking to restrain Tamil Nadu BJP IT Wing head CTR Nirmal Kumar from making defamatory allegations against him, the Madras High Court noted that when application are filed for deletion of alleged defamatory tweets, follower counts, speed and frequency with which the messages are disseminated and the interactive nature of the platforms form material consideration. Justice Senthilkumar Ramamoorthy looked into each of the 17 alleged tweets and the Youtube videos posted by Kumar which according to Balaji were defamatory in nature. The court concluded that six of the tweets were “per se defamatory” while the remaining related to the “public function” of Balaji as the Minister. The court thus ordered for removal of the said six tweets. Dr Ambedkar Would Have Asked People To Work Extra, Not Declare It As Holiday: Madras High Court On Ambedkar Jayanti Holiday Case Title: Kudankulam Nuclear Power Employees Union v. Government of India and ors Citation: 2023 LiveLaw Mad 118 Dealing with Kudankulam Nuclear Power Employees Union petition's seeking benefit of wages for the work done on a holiday, the Madras High Court remarked that public servants are like school children who always welcome holidays and exemption from work. The court was hearing a plea claiming double wages for working on a declared holiday (Ambedkar Jayanti). Justice GR Swaminathan of the Madurai bench said that though Dr. Ambedkar was someone who would have wanted people to work hard instead of declaring holiday on his anniversary, and that a system of sentiments and symbolism is prevalent. Admitted Students Without Recognition, Must Suffer Consequences: Madras High Court Imposes 5 Lakh Cost On College Case Title: Arulmigu Kalasalingam College of Education v. The Appeal Committee and others Citation: 2023 LiveLaw (Mad) 119 While refusing to grant relief to Arulmigu Kalasalingam College of Education, the Madras High Court heavily criticised the college for admitting students in the 2021-2022 academic year when it did not have any affiliation. Imposing a cost of five lakh rupees, Justice CV Karthikeyan said that the college should suffer the consequences of its actions and also left it open to the students to litigate against the college for the damages made. OTHER DEVELOPMENTS Judgments Are Nothing But Waste Papers If Not Implemented In True Letter & Spirit: Justice Battu Devanand Of Madras High Court Justice Battu Devanand, who was recently transferred from Andhra Pradesh High Court to Madras High Court, on Monday said that passing orders and judgments is not the only duty of the court and that such orders and judgments would be a mere ...

Madras High Court Weekly Round-Up: April 10 To April 16

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