Madras High Court Weekly Round-Up: September 8 - September 15, 2024

Citations: 2024 LiveLaw (Mad) 342 To 2024 LiveLaw (Mad) 348 NOMINAL INDEX Durai Murugan @ Sattai Durai Murugan v The Inspector of Police, 2024 LiveLaw (Mad) 342 M/s. Bala Bhavan Educational Trust v. Regional Transport Officer, 2024 LiveLaw (Mad) 343 CS Nandhakumar v The Commissioner of Police (Traffic Wing) and Others, 2024 LiveLaw (Mad) 344 V Mahalakshmi v The Secretary and Others, 2024 LiveLaw (Mad) 345 The Principal Secretary v Athipathi, 2024 LiveLaw (Mad) 346 M/s. S. R. Steels v. The Deputy State Tax Officer, 2024 LiveLaw (Mad) 347 Vijayraj Surana v Assistant Director, 2024 LiveLaw (Mad) 348 REPORTS Madras High Court Grants Anticipatory Bail To NTK Functionary, Says 'Virtual Warriors' Must Be Careful Before Responding Online Case Title: Durai Murugan @ Sattai Durai Murugan v The Inspector of Police Citation: 2024 LiveLaw (Mad) 342 The Madras High Court recently granted anticipatory bail to Naam Tamilar Katchi functionary Durai Murugan @ Sattai Durai Murugan. Murugan had approached the court apprehending arrest in a crime booked after his party members made objectionable comments on a post made by a police officer criticising Murugan's speech. Justice Bharatha Chakravarthy was inclined to grant anticipatory bail as Murgan had not personally made any comments. Thus, the court granted him bail on some conditions. It however criticised the remarks made by Murugan's party men calling it unparliamentary, sexually coloured and vilifying. The court added that before responding online, people should be cautious and ask themselves if the response was necessary. Tax Concession Can't Be Denied Based On Vehicle Registered In The Name Of Trust And Not School: Madras High Court Case Title: M/s. Bala Bhavan Educational Trust v. Regional Transport Officer Citation: 2024 LiveLaw (Mad) 343 The Madras High Court stated that the Tax Concession cannot be denied just because the vehicle is registered in the name of Trust and not school. The Bench consists of Justice G.K. Ilanthiraiyan observed that “the Regional Transport Officer, Chennai failed to see the objects of the assessee/petitioner Trust, it is an educational Trust. That apart, the Regional Transport Officer made demand with retrospective effect. The permits of the assessee/petitioner buses were already renewed under the caption of Educational Institution Bus.” Will Remove Unauthorised 'No Parking' Signs Put Up By Private Building Owners In Public Roads: TN Govt Informs Madras High Court Case Title: CS Nandhakumar v The Commissioner of Police (Traffic Wing) and Others Citation: 2024 LiveLaw (Mad) 344 The Tamil Nadu government has informed the Madras High Court that it would take action to remove all unauthorized and illegal no-parking signs, mud bags, and no parking barricades put up by private building owners in public roads. The submissions were made before a bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji while dealing with a Public Interest Litigation seeking government action to remove such illegal sign boards. The petitioner had also sought for publications through print and visual media to remove the encroachments. The AAG assured the court that necessary instructions would be issued by the Commissioner to the officials concerned for issuing necessary guidelines and directions in the official website within two weeks. The court then asked the AAG to also indicate in the guidelines that penal consequences would be taken against those occupying public places without any authority. Recording the State's submission, the court disposed the plea. Red Tapism Must Be Combated: Madras High Court Asks State To Create Centralised Portal For Applying, Issuing Community Certificates Case Title: V Mahalakshmi v The Secretary and Others Citation: 2024 LiveLaw (Mad) 345 The Madras High Court has asked the State Government to create a common centralized portal for applying for community certificates, verifying the communal status, and issuing community certificates. The court observed that there was a need for simplifying the whole process so that citizens have easy access to the facilities. The bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji observed that through the centralized system, an applicant should be able to apply to the authority concerned in the district he/she resides in without relegating to the native district. The court added that the system could also introduce a provision enabling the authorities to verify the communal status of the applicant based on their family's communal status who resides in the district even if the applicant is not living in that district. The court added that a time limit should also be fixed to conclude the entire procedure so that no unnecessary delay is caused and the applicant is able to be given access to educational and employment opportunities. ...

Madras High Court Weekly Round-Up: September 8 - September 15, 2024

Upasana Sajeev

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