Madras High Court Weekly Round-Up: April 17 To April 23, 2023

Nominal IndexA Muthupandi v. State, 2023 LiveLaw (Mad) 120Susamma Baby v. State and others, 2023 LiveLaw (Mad) 121K Udhayakumar v. The District Collector and another, 2023 LiveLaw (Mad) 122M Syed Ali Fathima v. State and others, 2023 LiveLaw (Mad) 123R Radha and another v The State and others, 2023 LiveLaw (Mad) 124Susila and others v. S Thirumalai and others, 2023 LiveLaw (Mad) 125Reports'Standard Of Cross Examination Has Gone Down Drastically, Trial Court Advocates Not Developing Their Skills': Madras High CourtCase Title: A Muthupandi v. StateCitation: 2023 LiveLaw (Mad) 120While dealing with an appeal challenging the conviction in a rape case, the Madras High Court recorded its displeasure at the manner in which cross-examination is being carried out in the trial courts. It is quite unfortunate that the trial court advocates are not developing their skills of cross examination, said the court.Justice Anand Venkatesh said that the art of cross-examination was considered a crown in advocacy skills and if this art is lost, the charm of conducting a trial before a court will also be lost.Also Read: Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence'Judicial Conscience Shocked': Madras High Court Upholds Pastor's Detention For Sexually Assaulting Physically And Mentally Challenged Minor GirlCase Title: Susamma Baby v. State and othersCitation: 2023 LiveLaw (Mad) 121While dismissing a habeas corpus petition filed by the wife of a pastor who was detained under The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, for sexually assaulting a physically and mentally challenged minor girl, the Madras High Court observed that the facts of the case "shocked the judicial conscience".The division bench of Justice R Suresh Kumar and Justice KK Ramakrishnan added that, for invoking the Detention Act, the propensity of the act was more important than the habitual nature of the offence as the definition of “Sexual Offender” did not demand habituality.Madras High Court Orders Criminal Action Against Lalgudi Panchayat Union Officials For Misappropriation Of Funds Under PMAY-G SchemeCase Title: K Udhayakumar v. The District Collector and anotherCitation: 2023 LiveLaw (Mad) 122While dealing with a Public Interest Litigation seeking action against government officials for alleged misappropriation of funds under the Pradhan Mantri Awas Yojaya – Gramin (PMAY-G), the Madras High Court observed that the scheme was intended to provide houses to weaker sections of the society and strict action must be taken against officials who were misappropriating the funds under the scheme.The division bench of Justice D Krishnakumar and Justice Victoria Gowri of the Madurai bench took note of the submissions made by the Principal Secretary to the Government, Rural Development and Panchayat Raj Department that steps have been taken to appoint verification officers in the cadre of Assistant Directors and Deputy Collectors to ensure proper implementation of the scheme.Periodical Inspection Of Rehabilitation/De-Addiction Centres Essential To Safeguard Public Interest: Madras High CourtCase Title: M Syed Ali Fathima v. State and othersCitation: 2023 LiveLaw (Mad) 123The Madras High Court recently observed that rehabilitation or de-addiction centres can be run only after obtaining proper permission and necessary licenses and that the social welfare officer is duty-bound to inspect such places regularly to safeguard the public interest.Justice SM Subramaniam made the observation on a plea by a woman claiming compensation from the Director of the Institute of Mental Health for her husband’s death while he was admitted at the Ever Green Rehabilitation Centre in Kovilambakkam, Chennai. It was alleged that the petitioner’s husband was brutally attacked by the management of the Centre before his death.Madras High Court Raps Registry For Delay In Listing 'Vacate Stay' Applications, Says Periodical Inspection & Thorough Enquiry NecessaryCase Title: R Radha and another v The State and othersCitation: 2023 LiveLaw (Mad) 124Citing the delay in listing 'vacate stay' applications, the Madras High Court recently came down heavily on its Registry. The court remarked that the Registry should ensure that these applications are listed periodically to ensure speedy disposal of the same as contemplated under Article 226(3) of the Constitution.Justice SM Subramaniam noted that the pendency of such vacate stay petitions has caused huge financial loss to the State Exchequer and that parties should not be allowed to take advantage of these interim stays depriving the other party of its rights.The court also pointed out that collusion by the Registry staff could not be ruled out and that such corrupt practices should not prevail. The court added that periodical ...

Madras High Court Weekly Round-Up: April 17 To April 23, 2023

Upasana Sajeev

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