Madras High Court Weekly Round-Up: March 31 - April 06, 2025

Citations: 2025 LiveLaw (Mad) 123 To 2025 LiveLaw (Mad) 131 NOMINAL INDEX The Principal & Secretary, Women's Christian College and Others v. State of Tamil Nadu and Others, 2025 LiveLaw (Mad) 123NS Krishnamoorthi and Others v. The District Collector and Others, 2025 LiveLaw (Mad) 124S Ramya v. The Union of India and Others, 2025 LiveLaw (Mad) 125The General Manager and Others v. SV. Mothilal, 2025 LiveLaw (Mad) 126Ma Subramanian and Another v. State and Others, 2025 LiveLaw (Mad) 127Dr. Sangeetha Sriraam v. The Teachers Recruitment Board and Others, 2025 LiveLaw (Mad) 128C. Ve. Shanmugam v. The Public Prosecutor, 2025 LiveLaw (Mad) 129STS-KEC(JV) v. The State Tax Officer, 2025 LiveLaw (Mad) 130M/s Sanmar Speciality Chemicals Limited v. The Assistant Commissioner of Income-Tax, 2025 LiveLaw (Mad) 131 REPORT When Rights Of Minority Institutions Are Threatened, Courts Must Interfere To Reaffirm Foundational Ideas Of Justice & Equality: Madras HC Case Title: The Principal & Secretary, Women's Christian College and Others v. State of Tamil Nadu and Others Citation: 2025 LiveLaw (Mad) 123 While reiterating that the UGC norms for the selection of Assistant professors and the Principal do not apply to minority institutions, the Madras High Court recently emphasised the need to protect the rights of minority institutions. Justice Anand Venkatesh remarked that the Constitution had included provisions to safeguard the rights of the minority institutions, to protect the cultural and educational identity of the minority communities. The judge added that when these rights are threatened, the Constitutional Courts have a duty to intervene and reaffirm their commitment to ensure that the foundational ideals of justice and equality are upheld. When Grama Natham Land Is Occupied And Such Occupation Is Accepted By State, It Becomes Private Property; Not Encroachment: Madras HC Case Title: NS Krishnamoorthi and Others v. The District Collector and Others Citation: 2025 LiveLaw (Mad) 124 The Madras High Court has recently clarified that when a grama natham land (village house site) is occupied by an individual and such occupation has been recognized by the State through successive transfers, it becomes the private property of the occupant and such lands cannot be regarded as government lands. While doing so, Justice Anand Venkatesh criticised an earlier order passed by the bench of Justice SM Subramaniam and Justice K Rajasekar for taking a different view. The single judge remarked that the division bench's direction was directly in conflict with the declared law and the court had virtually directed the State to issue a fresh circular on the lines of an earlier circular that had already been declared unconstitutional by various decisions. Though the single judge also pondered on the necessity of referring the matter to a larger bench, the judge further noted that since the division bench had failed to follow binding precedents, the decision itself was per incuriam. “Unique Circumstances”: Madras High Court Asks Centre To Consider Citizenship Plea Of Woman Born To Srilankan Refugees In India Case Title: S Ramya v. The Union of India and Others Citation: 2025 LiveLaw (Mad) 125 The Madras High Court has asked the Union Government to consider the citizenship application of a woman, born in 1987 to a Sri Lankan couple settled in India, without insisting she return to Sri Lanka and come back to India with a visa. Noting that it was a unique case, Justice Bharatha Chakravarthy held that though the applicant could be considered a foreigner, she had not entered India without valid documents as she was born in the country. The court thus asked the authorities to take into account all parameters required under the Citizenship Act for granting citizenship without insisting on the sole requirement of returning to Sri Lanka and re-entering India as a legal migrant. The court also noted that the applicant could not be considered an illegal migrant as an illegal migrant was a foreigner who had entered India without a valid passport and travel documents. The court noted that in the present case, the applicant had been under the impression that she was an Indian citizen, had an Indian passport and all relevant documents. The court also noted that the applicant never held a Sri Lankan passport or any document indicating she was a citizen of that country. "Justice Hurried Is Justice Buried": Madras High Court Upholds Order Quashing Disciplinary Proceeding Conducted Within Two Weeks Case Title: The General Manager and Others v. SV. Mothilal Citation: 2025 LiveLaw (Mad) 126 The Madras High Court has dismissed an appeal filed by the General Manager & Reviewing Authority of the Canara Bank against an order of the single judge quashing the disciplinary proceedings against an employee. The bench of Justice GR Swaminathan and...

Madras High Court Weekly Round-Up: March 31 - April 06, 2025

Upasana Sajeev

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