Madras High Court Weekly Round-Up: May 22 to May 28

A weekly round-up of important cases from the Madras High Court. Citations: 2023 LiveLaw (Mad) 146 To 2023 LiveLaw (Mad) 151 NOMINAL INDEX M. Suveathan vs. The State Commission for Protection of Child Rights and Ors, 2023 LiveLaw (Mad) 146 K Singaravelu v The Government of Tamil Nadu and others, 2023 LiveLaw (Mad) 147 Desiya Deiveega Murpokku Kazhagam v Election Commission of India and another, 2023 LiveLaw (Mad) 148 Annalakshmi v. The District Collector and others, 2023 LiveLaw (Mad) 149 Parvathi Sunitha Kumaran v. The District Collector and others, 2023 LiveLaw (Mad) 150 Raja v State, 2023 LiveLaw (Mad) 151 REPORTS Students Admitted Under RTE Act's DG/EWS Quota Need Not Pay Even A Penny, State Must Pay All Fee: Madras High Court Case Title: M. Suveathan vs. The State Commission for Protection of Child Rights and Ors W.P. NO. 4615 OF 2022 Citation: 2023 LiveLaw (Mad) 146 The Madras High Court has said that the State government must bear all costs, including the expenses on books, study material etc., incurred by a child belonging to the Economically Weaker Section (EWS) and Disadvantaged Groups (DG) admitted to school under the Right of Children to Free and Compulsory Education (RTE) Act. The court said that uniform, notebooks, other reading materials and all other necessary ingredients would form an integral part of education that is imparted to the petitioner under the Act. While allowing the writ petition, the court directed the school to provide all the materials, including uniform, notebooks, text books and all other reading materials to the petitioner forthwith without insisting on any payment from the petitioner, and to make a claim to the State for the amount payable. Teacher's Duty Is To Impart Knowledge And Skills To Needy Students, Not Hold On To Comfortable Posting: Madras High Court Case Title: K Singaravelu v The Government of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 147 While refusing relief to a schoolteacher challenging his transfer, the Madras High Court recently observed that a teacher should focus on imparting knowledge and skills to the needy students and not hold on to comfortable posting. Justice CV Karthikeyan further opined that the school teacher should set an example for the students and not question every administrative order. Madras High Court Directs ECI To Register Desiya Deiveega Murpokku Kazhagam Party Case Title: Desiya Deiveega Murpokku Kazhagam v Election Commission of India and another Citation: 2023 LiveLaw (Mad) 148 While allowing the Desiya Deiveega Murpokku Kazhagam party to get itself registered with the Election Commission, the Madras High Court said that while looking into the meaning of the name of the party, the Election Commission should have read the word “Deiveega” in the context of other words in the name and thus should not have rejected the registration of the party. Justice Anita Sumanth said that while the word Deiveega also meant “Godly”, such an interpretation would not sit well with the name of the party, read in full. Elected Representatives Must Work Together For Benefit Of Villagers: Madras High Court Case Title: Annalakshmi v. The District Collector and others Citation: 2023 LiveLaw (Mad) 149 The Madras High Court recently said that even though there can be differences between elected representatives, they should work together for the benefit of the people. Justice CV Karthikeyan was hearing a plea filed by the Panchayat President of Pattakurichi Village, Tenkasi Taluk challenging an order of the District Collector. The court noted that the collector had passed the impugned order pursuant to his emergency powers under Section 203 of the Tamil Nadu Panchayats Act since the President and the Vice president were at loggerheads with each other. Resistance From Locals Cannot Be Reason To Not Shift Burial Ground Situated Close To Water Body: Madras High Court Case Title: Parvathi Sunitha Kumaran v. The District Collector and others Citation: 2023 LiveLaw (Mad) 150 While ordering the shifting of a burial ground from a land situated close to a water body to another land, the Madras High Court highlighted that though public resistance is common in such cases, the revenue officials should try to control the situation and ensure that the water body is not polluted. Justice Anand Venkatesh added that the State must look at the larger picture and maintenance of water stream must get an upper hand over hardships caused by shifting of the burial ground. If Electricity Is Stolen For Temple Festival, Liability Will Have To Be Fastened On Temple Trustee & Executive Officer: Madras High Court Case Title: Raja v State Citation: 2023 LiveLaw (Mad) 151 The Madras High Court recently observed that whenever electricity is stolen for the conduct of temple festivals, the liability ...

Madras High Court Weekly Round-Up: May 22 to May 28

Upasana Sajeev

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