Madras High Court Weekly Round-Up: February 5 - February 11, 2024

Citations: 2024 LiveLaw (Mad) 56 To 2024 LiveLaw (Mad) 66 NOMINAL INDEX Chairman and Managing Director, UCO Bank v K Marimuthu, 2024 LiveLaw (Mad) 56 TN Medical Laboratories Association v Principal Secretary and others, 2024 LiveLaw (Mad) 57 SR Sathyanarayana Rao v The District Collector and Others, 2024 LiveLaw (Mad) 58 E Shakthi Murugan v District Collector, 2024 LiveLaw (Mad) 59 Madurai Mavatta Devendra Kula Velalar Uravinmurai Sangam v The Secrertary and Others, 2024 LiveLaw (Mad) 60 M/s.Supreme Paradise Versus Assistant Commissioner (ST), 2024 LiveLaw (Mad) 61 CPF (INDIA) Private Limited Verses Addl. CIT, 2024 LiveLaw (Mad) 62 Varun and another v State, 2024 LiveLaw (Mad) 63 K Annamalai v V Piyush, 2024 LiveLaw (Mad) 64 M/s.Thillai Agencies Versus State of Tamil Nadu, 2024 LiveLaw (Mad) 65 Gopal Vittal, Bharti Airtel Ltd v Kamatci Shankar Arumugam, 2024 LiveLaw (Mad) 66 REPORT Lawyers Empanelled By Banks Do Not Hold Civil Post, Reservation Under Article 16 Not Applicable To Their Appointment: Madras High Court Case Title: Chairman and Managing Director, UCO Bank v K Marimuthu Citation: 2024 LiveLaw (Mad) 56 The Madras High Court recently held that the lawyers empanelled by the banks to represent them in cases do not hold a civil post and thus the laws of reservation will not be attracted during their appointment. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy thus set aside an order of a single judge made last year where the single judge had observed that the right to be considered for appointment was a fundamental right and had directed the banks to review their existing procedures for empanelment of lawyers. The division bench, however, held that the relationship between the banks and the empanelled lawyers was purely professional and not that of a master and servant. The court observed that the empanelled lawyers were not covered by any service laws and their services were purely on a contractual basis. The court added that the banks had their procedures for empanelment of lawyers and providing reservation in the same would be “stretching Article 16”. TN Govt Claims To Be Champion Of Healthcare Facilities, Expected To Effectively Monitor Paramedical & Clinical Establishments: Madras High Court Case Title: TN Medical Laboratories Association v Principal Secretary and others Citation: 2024 LiveLaw (Mad) 57 The Madras High Court recently commented that when the State of Tamil Nadu claims to be a champion in the healthcare facilities in the country, it is expected to implement the Clinical Establishments (Registration and Regulation) Act, 2010 scrupulously and monitor and control the clinical establishments in the country. Justice SM Subramaniam added that health being an integral part of Article 21 of the Constitution, the State is expected to ensure that quality medical services are provided in the clinical establishments across the state. Ordinary Public Forced To Approach Court For Getting Their Representations Considered While Govt Officials Prioritise People With Power: Madras HC Case Title: SR Sathyanarayana Rao v The District Collector and Others Citation: 2024 LiveLaw (Mad) 58 Lamenting on the situations prevailing the State, the Madras High Court recently observed that ordinary citizens were being forced to approach court for a simple direction to government authorities to consider representations. Justice P Velmurugan observed that the Government Officials who were expected to serve the ordinary citizens, now prioritised only people who had muscle power, money, or political power, ignoring the ordinary man. The court deprecated this attitude of the government officials. Unfortunate That Superstitious Beliefs Still Prevail: Madras HC Grants Protection To Remove Stone 'Projected As Idol' At Property Entrance Case Title: E Shakthi Murugan v District Collector Citation: 2024 LiveLaw (Mad) 59 While granting relief to a man seeking police protection to remove a stone 'projected as an idol' at the entrance of his home, the Madras High Court lamented that even with the passage of time, the society was not evolving and letting go of the superstitious beliefs. Justice Anand Venkatesh noted that the stone covered with a green cloth was planted right in front of petitioner's property, an attempt was being made to call it as an idol and on that ground, he was not being allowed to enjoy his property. Blanket Order To Dissolve National Commission For Scheduled Caste Over An Alleged Wrong Action Not In Community's Interest: Madras HC Case Title: Madurai Mavatta Devendra Kula Velalar Uravinmurai Sangam v The Secrertary and Others Citation: 2024 LiveLaw (Mad) 60 The Madras High Court recently junked a plea seeking to dissolve the National Commission for Scheduled Caste. The bench of Chief...

Madras High Court Weekly Round-Up: February 5 - February 11, 2024

Upasana Sajeev

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