- Home
- /
- News Updates
- /
- Madras High Court Monthly Digest:...
Madras High Court Monthly Digest: January 2022
Sebin James
1 Feb 2022 7:00 AM GMT
A monthly round up of important cases and judgments from Madras High Court and its subordinate courts.1. Liquor Consumption In Clubs & Associations Require Valid Licenses, Cannot Act Beyond The Scope Of Registered Bye-Laws: Madras High Court Case Title: M/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police...
A monthly round up of important cases and judgments from Madras High Court and its subordinate courts.
Case Title: M/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police & Ors
Citation: 2022 LiveLaw (Mad) 1
Madras High Court has recently rejected the relief sought by a Club to forbear the insisting upon obtaining FL2 License for allowing its members to consume liquor (bought from government-approved shops) inside the Club premises.
Justice S.M Subramaniam held that Clubs registered under Tamil Nadu Societies Registration Act with its bye-laws also registered under the provisions of the Act must strictly follow the objects and purpose already set out in the bye laws. When alcohol consumption is beyond the scope of the bye-laws of the petitioner club, it must be r/w Rules relating to the grant of licenses in Chapter IV of The Tamil Nadu Liquor (License and Permit) Rules, 1981, which makes it abundantly clear that the Club cannot allow its members to consume alcohol in its premises without FL.2 License and an amendment to the existing bye-laws.
F.L.2 license is stipulated for 'license for possession of liquor by a non-proprietary Club for supply to members' in the Rules. Even for consumption of liquor in a Club or Association, a license must be obtained for the possession of liquor and for supply to its members inside the premises, the court added.
Case Title: The University of Madras, Rep. By its Registrar v. Dr. S. Bhaskaran & Ors.
Citation: 2022 LiveLaw (Mad) 2
The Madras High Court recently expressed its dismay over the rapidly declining reputation of the Madras University, and observed that disciplinary proceedings must be instituted against errant officials for not maintaining absolute integrity and devotion to duty.
The remarks were made by a division bench of Justice S. Vaidyanathan and Justice A.A. Nakkiran after it noted irregularity in the process for appointment of Assistant Librarians in the University.
The Court observed that the University has flouted the regulations by regarding the disputed post as promotional. The bench observed that UGC Regulations and the Standing Regulations of the University of Madras does not treat it as a promotional post and it could have been filled only through Direct recruitment as per the then existing service conditions.
It noted that technical wing and library wing are completely different as per the Rules, and Assistant Librarian is the Feeder Category that can be filled only through direct recruitment.
Case Title: Payel Biswas v. The Commissioner of Police, Trichy City & Ors.
Citation: 2022 LiveLaw (Mad) 3
While considering a writ petition filed for obtaining a 'No Objection Certificate' from the Police for running a cross-massage centre, the Madras High Cour has also analysed a recent single judge bench order for the installation of CCTV cameras inside Spa and Massage Centres.
The court observed in clear terms that mere apprehension about a breach of morality cannot be a valid ground to curb the right to relax, which is a part and parcel of the right to privacy. Referring to the landmark decision in Navtej Singh Johar & Ors. vs. Union of India & Ors, (2018) 10 SCC 1, the single judge bench pointed out that 'constitutional morality shall trump public morality'.
Justice G.R Swaminathan primarily relied on Puttaswamy judgment (K.S Puttaswamy v. Union of India, (2017) 10 SCC 1) that elaborates about the different facets of right to privacy guaranteed under Article 21. These forms of the right to privacy are i) a right to bodily autonomy, ii) a right to informational privacy and iii) a right to a privacy of choice.
"The installation of CCTV equipment inside premises such as a spa would unquestionably infract upon a person's bodily autonomy, These are inviolable spaces where the prying eye of the state simply cannot be allowed to enter" the court held.
The court was referring to the order passed by Justice S.M Subramaniam in C P Girija v. Superintendent of Police & Ors. dated 20th December, 2021. In the said order, the bench directed the installation of functional CCTV cameras in all spas, massage centres, therapy centres etc. in the State of Tamil Nadu. It was also directed by the court that secluded or closed rooms for conducting business activities must be avoided in spas and massage centers.
Case Title: All India Anna Dravida Munnetra Kazhagam & Another. v. J.Deepak & Ors. & Connected Matters
Citation: 2022 LiveLaw (Mad) 4
In third party appeals against the single judge order quashing land acquisition proceedings of 'Veda Nilayam', Madras High Court held that no 'public purpose' is served by converting the erstwhile residence of Late J. Jayalalitaa into a second memorial.
While dismissing the appeals preferred by All India Anna Dravida Munnetra Kazhakam (AIADMK) and former AIADMK Minister C.Ve Shanmugam, Madras High Court has also held that AIADMK wrongfully equated itself with the appropriate government in acquisition proceedings.
A Division Bench of Justice Paresh Upadhyay and Sathi Kumar Sukumara Kurup held that the state's land acquisition proceedings were riddled with procedural irregularities, concurring with the findings of the single judge bench setting aside the acquisition.
The court held that the appellants have failed in raising any substantial challenge against the inferences made by the single judge bench about procedural irregularities. Though the acquisition was of a private residential property, the state didn't even consider the status of writ petitioners as owners of the property. However, since the acquisition and not the ownership is in question before the current bench, the court answered that the procedural irregularities explained by the single judge bench with regards to the 2013 Act and Rules will hold true.
Case Title: S.Mukachand Bothra (Deceased) & Anr v. The Central Government & Ors.
Citation: 2022 LiveLaw (Mad) 5
Coming down heavily on the misuse of State Emblems, Seals and Symbols, Madras High Court has issued a set of directions to ensure the compliance of the State Emblem of India (Prohibition of Improper Use) Act, 2005 and the Rules framed thereunder.
A single-judge bench of Justice S.M. Subramaniam opined that not even a single case has been registered by Tamil Nadu Police against unauthorised use of such Emblems, Flags, names of departments and other Symbols on vehicles or elsewhere. The court made the above inference after referring to the status report filed by DGP who was suo motu impleaded. According to the status report, apart from registering cases under Motor Vehicles Act and for impersonation of public servants under Sections 170 and 171 of IPC, the Police 'miserably failed to register any case under the Act 50 of 2005', noted the court.
The court issued the directions in a case where a former Member of Parliament, R. Anbarasu, lodged a formal complaint by affixing the Indian National Emblem in his letter pad. After the receipt of the said complaint by the Commissioner of Police, the original (now-deceased) writ petitioner was arrested and kept in custody for 21 days. Though the criminal case was quashed by Madras High Court in 2012, the son of the original petitioner impleaded himself and decided to pursue the issue of illegal use of Emblems on account of the hardships faced by his father. M. Gagan Bothra, the son, also stated that the complaint was lodged by the former MP due to a dispute arising out of a loan given by his father.
Case Title: Fr P. George Ponniah v. The Inspector of Police
Citation: 2022 LiveLaw (Mad) 6
While refusing to quash an FIR registered against the Catholican Diocese Priest P. George Ponnaih for an inflammatory speech against the Hindus, the Madras High Court made a few observations about religious conversions.
Justice GR Swaminathan, who considered the case, observed that it is important to maintain the status quo regarding religious demography. "If there is a serious subversion of the status quo, calamitous consequences may follow", Justice Swaminathan stated. While saying that an individual's choice to change religion is protected by the Constitution and must be respected, Justice Swaminathan said that religious conversions cannot be a "group agenda".
The priest was booked by Arumanai police for his speech at a meeting convened for paying homage to late Fr. Stan Swamy. Referring to the offences under which he was charged, the court observed that the priest cannot insult or outrage another religion and still claim immunity from the application of Section 295A, 153A and 505(2) of IPC. The court has however quashed the offences under Section 143, 269 and 506(1) of IPC and Section 3 of Epidemic Diseases Act, 1897.
Case Title: Trichy Cold Storage (P) Ltd., Rep.by its Manager v. The Superintendent of Police, Trichy & Anr.
Citation:2022 LiveLaw (Mad) 7
In a peculiar case, the Madras High Court has ordered payment of Rs 1.25 lakh to a cold storage facility keeping seized dates, after a Magistrate Court ordered the Police to store the perishable contraband until disposal of the case.
The storage bill had mounted to Rs.3,54,000/-. The payment is directed from the Victim Compensation Fund by the jurisdictional magistrate court.
Considering the factual circumstances surrounding the issue, the High Court observed that the jurisdictional magistrate was not justified in directing the police to keep the perishables in safe custody via its October 2018 Order.
"Section 459 of Cr.PC authorizes the magistrate to direct sale of seized properties that are subject to speedy and natural decay. Fruits obviously come under the said category. The prosecution would not in any way be weakened by the disposal of the goods. The fake labels and wrappers are sufficient to establish the case against the accused", the court observed, adding that the order was 'erroneous in extreme'.
Case Title: Swadeshi Panchalai Thozilalar v. The Secretary, Industries and Commerce
Citation: 2022 LiveLaw (Mad) 8
The Madras High Court has set aside notices for the closure of two Mills in Puducherry, whose history dates back to the French Colonial period, on the ground that provisions of the Industrial Disputes Act, 1947 were not complied with in its true spirit.
Justice S. Vaidyanathan noted that the Mills were closed without issuing any notice of enquiry under Section 25-O of the 1947 Act for making objection before the Authority concerned and without taking up the matter for hearing.
It allowed the writ petitions filed by two separate registered trade unions and passed a common order for both Swadeshi Cotton Mill and Bharathi Mills considering them as a single entity.
If the Authority is allowed to operate the deeming provision without conducting any enquiry, the very purpose of the provisions of the Act itself will be defeated, as there is not even an attempt to conduct an enquiry, which is mandatory on the part of the concerned Authority under Section 25(O)(2) of the I.D.Act, 1947, observed the court.
9. 'God Cannot Be Summoned': Madras High Court Overturns Order To Produce Idol
Case Title: S.P.Eswaramurthy v. The Government of Tamil Nadu
Citation: 2022 LiveLaw (Mad) 9
Overturning a lower court's decision, the Madras High Court has observed that an idol is believed to be a God by the devotees cannot be summoned by the Court. While hearing a challenge to the order of the lower Court in an idol theft case, where the idol was called to be produced in the Court to enquire its condition, Justice R. Suresh Kumar observed that,
"The God cannot be summoned by the Court to be produced for a mere inspection or verification purposes, as if that it is a material object of a criminal case."
To serve the purpose of the impugned compliance order without disturbing or wounding the feelings of a large number of devotees, the Court called for the appointment of an Advocate Commissioner, who, along with others concerned, will prepare a detailed report on the condition of the idol.
Case Title: M/s MRF Limited v. Ministry of Corporate Affairs and Ors.
Citation: 2022 LiveLaw (Mad) 10
The Madras High Court has recently held that under the writ jurisdiction there should be no interference with a preliminary enquiry ordered by the Competition Commission of India under Section 26(1) of the Competition Act.
The Court clarified that an order for investigation passed under S.26(1) is a preliminary order and does not attract any civil consequences and does not determine the issue raised against the parties finally and any interference by the court at that stage would only allow the parties to escape the investigation itself that would defeat the object sought to be achieved by the Act and thus, the court held that the learned single judge was right in not interfering with the order of CCI and in dismissing the petition.
A bench of Justice T. Raja and Justice T.V. Thamilselvi observed that the failure to comply with any requirement of CCI rules and regulations shall not invalidate any proceedings unless the CCI is of the view that such failure has resulted in miscarriage of justice.
Case Title: SpiceJet Limited v. Credit Suisse AG
Citation: 2022 LiveLaw (Mad) 11
Madras High Court has dismissed the appeal preferred by SpiceJet against a single-judge bench order for admission of its winding up on Credit Suisse AG's Company Petition.
After hearing the counsels appearing for SpiceJet and Credit Suisse at length, a Division Bench of Justices Sathi Kumar Sukumara Kurup and Paresh Upadhyay noted in the order that the Original Second Appeals are dismissed and the Connected Civil Miscellaneous Petitions are accordingly disposed off. Since the stay on the operation of the impugned order is till today, the bench agreed to extend the application of stay order till 28th January so as to afford the appellant an opportunity to approach the Supreme Court.
The grievances of the appellant airlines and the issues framed by the court were pertaining to the alleged errors in the single judge bench order that does the following:
(i) admission of the winding-up petition, which is filed invoking Sections 433 (e) and (f) of the Companies Act, 1956, and
(ii) appointment of the Official Liquidator, High Court of Madras as Provisional Liquidator.
Case Title: The State Represented By Deputy Superintendent of Police v. Samivel @ Raja
Citation: 2022 LiveLaw (Mad) 12
In a case arising out of aggravated sexual assault and cruel murder of a 7-year-old child from a marginalised community, the Madurai Bench of Madras High Court has upheld the death sentence imposed on the culprit by the trial court.
A Division Bench of Justice S. Vaidyanathan and Justice G. Jayachandran confirmed the death sentence of the accused made by Mahila Court, Pudukottai.
The bench held that the brutality of the attack, the barbaric manner in which the deceased child was murdered and the mental agony undergone by the parents makes it one of the 'rarest of rare' cases. The court added that it necessitates the imposition of death sentence, since no other sentence including life imprisonment will be adequate.
The accused was booked for offences under Sections 364, 376, 302, 201 IPC r/w 5(m), 5(j)(iv) and 6 (1) of POCSO Act as well as 3(2)(V) of SC/ ST Act. The case of the prosecution was that the accused developed a friendship with the child belonging to the Scheduled Castes Community and used it to fulfil his sexual desires.
"It is pertinent to mention here that everyone's mind contains a liar, a cheat and a sinner and a man cannot be judged by his outer appearance, as Adolf Hitler, who ordered the execution of some eight million people and was responsible for the deaths of many millions more, hated cruelty to animals and was a vegetarian. If a person like the accused herein is allowed to survive in this world, he will definitely pollute the mind of other co-prisoners, who will be at the verge of release from jail in which he is confined. When the attitude of a man turns into the one of a beast, having no mercy over other creatures, he should be punished and sent to the eternal world", the court noted in the order.
Case Title: B. Ramkumar Adityan v. The Chief Secretary & Ors.
Citation: 2022 LiveLaw (Mad) 13
In a plea seeking directions to keep the TASMAC liquor shops closed during public holidays, the Madras High Court has criticized the practice of advocates filing public interest litigations for 'publicity'.
The Bench however refrained from imposing cost and the plea was dismissed as withdrawn.
The petitioner, Advocate B. Ramkumar Adityan, had sought appropriate directions from the High Court to the state government for declaring Pongal, Christmas, Thai Poosam, Republic Day, etc. as 'dry days'.
"Festive mode has become a tragic mode", said the petitioner referring to the untoward incidents allegedly on account of alcohol consumption in those days.
Case Title: R. Ganesan v. M/s. ASREC (India) Limited
Citation: 2022 LiveLaw (Mad) 14
The Madras High Court, in a Bench comprising of Justice M. Duraiswamy and Justice Sathya Narayan Prasad in R. Ganesan v. M/s. ASREC (India) Limited has reiterated the legal position and dismissed the writ petition filed by the Petitioner due to non-exercise of alternate remedy of appeal under Section 17 of the SARFAESI Act.
As per the terms of Section 17, an appeal can be filed to the Debt Recovery Tribunal within 45 days from the date on which the measures referred to under Section 13(4) of the Act are taken.
Relying on the Supreme Court judgments in The Authorized Officer, State Bank of Travancore and another Vs. Mathew K.C. and Agarwal Tracom Private Limited Vs. Punjab National Bank and others, the Bench held that the aggrieved parties cannot challenge proceedings taking place under the SARFAESI Act directly by way of a Writ Petition under Article 226, without exhausting the remedy of appeal available to them.
Case Title: Venkateswarane Sivadjy v. Alice Viala
Citation: 2022 LiveLaw (Mad) 15
In a divorce proceeding characterised by questions on Conflict of Laws, Madras High Court has held that a suit filed for partition and separate possession of the property in India, as per Indian laws is maintainable and will not be barred by virtue of not approaching French Notary for liquidation under Article 1444 of the French Civil Code.
A Division Bench of Justice T. Raja and Justice D. Bharatha Chakravarty was disposing of an appeal filed by the Husband under Section 96 of C.P.C r/w under Order 41 R 1 of C.P.C against the judgment and decree by Family Court, Pudukottai.
The husband and wife, in this case, were French nationals for whom the personal law applicable would be the French Civil Code since it's Lex Patriae. This being the law of nationality of the persons who got divorced in 2005 , it would be applicable to them irrespective of where they are domiciled.
Under French Law, the marital relationship can either be based on a prenuptial contract, and in its absence, the relationship would be governed by Community regime.
The major question that arose before the court was the Lex Causae that's applicable for effecting the manner of partition. The main contention of the appellant was that Article 1444 of the French Civil Code mandates either of the parties to resort to the liquidation proceedings within three months from the date of divorce coming into force, that too, before the Notaries in France. Therefore, the appellant contended that the current suit filed by the wife, eight years after the divorce, before an Indian Court is not maintainable.
The court responded in the judgment to the above submission of the appellant in consonance with the findings of the Family Court. The court added that the manner of effecting partition is a rule of procedure, and therefore, in rules of procedure, lex fori(law of the forum) will apply.The court held that the Indian Law would be lex causae and not the French Code Civil. This would mean that Article 1444 wouldn't apply.
Case Title: G. Babu v. the District Collector & Others
Citation: 2022 LiveLaw (Mad) 16
Madras High Court has ordered to pay compensation to the son of a deceased mother who was shot accidentally in a 'Shoot and Kill' stray dog hunt with the sanction of Eraiyur Panchayat.
A single-judge bench of Justice S.M Subramaniam has ordered the District Collector, Perambalur and the functionaries including the Eraiyur Panchayat President to pay Rs 5 laksh each as compensation to the petitioner son.
The court has also censured the authorities for shooting stray dogs, which is an illegal act in itself.
"It is an unusual incident where the responsible Panchayat President and the Councilors have engaged the 8th respondent for shooting out the stray dogs in the Village. The very operation itself is illegal and further the bullet removed from the mother of the petitioner during postmortem confirms that the death occurred due to the bullet injuries. Under these circumstances, this Court is inclined to consider the case of the petitioner for grant of compensation…", the court observed.
Case Title: Dalmia Refractories Limited v. State of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 17
The Madras High Court recently expressed its concern over long pendency of cases involving large scale revenue.
Justice S.M Subramaniam observed that cases of Income Tax, Customs, Excise, Mines and Minerals etc. must be disposed of quickly to prevent misuse of nation's property.
Talking about the skewed tactics employed by stakeholders in keeping the writ petitions pending, so as to reap undue benefits of interim orders in force, the court added the following:
"The growing tendency on writ side is that such writ petitions involving large scale revenue, more specifically, Income Tax, Customs, Excise, Mines and Minerals etc., interim orders are in force for several years and the Nation's properties are being looted or misused or taken undue advantage of. Such a situation is absolutely unconstitutional and further anything under the earth belongs to the Government and it is the Nation's property, which belongs to 'We the People of India'. Thus, no one can be allowed to extract without adhering to the Act, Rules and Regulations and any violations are to be treated seriously and all these persons must be liable for all consequences", the court observed.
18. Madras High Court Strikes Down Women Reservation In Excess Of 50% For Chennai Corporation Polls
Case Title: R. Parthiban v. The Chief Secretary & Ors.
Citation: 2022 LiveLaw (Mad) 18
In a plea against reservation in excess of 50 per cent for women in Greater Chennai Municipal Corporation, Madras High Court has held that reservation can only be based on the total number of seats in the Municipality and not on Zonal wise demarcation.
The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu has struck down the 2019 Government Notification which reserved 89 wards out of 200 wards for Women Candidates and another 16 seats for the Scheduled Caste Women, bringing the total tally to 105.
The public interest litigation, calling reservations in excess of 50 per cent discrimination against men and violation of constitutional principles, was filed by Advocate R. Parthiban. The senior counsel appearing for the petitioner, S. Prabakaran, had argued that women are entitled to only 84 seats according to the Tamil Nadu Municipalities (Amendment) Act, 2016 and the Chennai City Municipal Corporation (Amendment) Act, 2016 mandates 'not less than fifty per cent reservation' for women.
19. Sun TV Network Has Exclusive Broadcasting Rights Over 'Jilla' Movie: Madras High Court
Case Title: M/S Sun TV Network Ltd v. M/S Supergood Films Private Ltd & Ors.
Citation: 2022 LiveLaw (Mad) 19
Madras High Court has allowed a writ petition that sought a declaration of the exclusive copyright of Sun TV Network over the broadcast of 'Jilla' movie, while granting permanent injunction against the defendants from exhibiting/ exploiting the movie in a similar manner.
A single-judge bench of Justice N. Anand Venkatesh observed that the second defendant, United India Exporters, only had the right to exploit the theatrical release of the film outside India as per the agreement between them and Super Good Films Private Limited. It does not include the exclusive rights to make, sell or let out for their copies of the cinematographic film 'JILLA' and broadcast the said film through various mediums of broadcast and transmission outside India.
The court observed that Supergood Films, the producer and exclusive copyright owner of 'Jilla', have assigned the exclusive copyright in favour of the plaintiff Sun TV Network in respect of satellite television broadcast as early as 8th July 2013. The said agreement was entered into much before the theatrical release rights assigning agreement between Supergood Films and United India Exporters.
Case Title: P.Subbiah @ Subbian v. The District Collector, Theni & Ors.
Citation: 2022 LiveLaw (Mad) 20
The Madurai Bench of Madras High Court has recently refused to quash the public auction of lease for fishing rights in Pappaiyampattikulam Kanmoi in Periyakulam while stating that it cannot sit in appeal and scrutinize as to whom the tender should be given.
The petitioner, the President of Pappaaianpatti Kanmoi Water Users Association, contended that Kanmoi is the water source for about 350 acres of land and about 7500 families are also dependent on it. In such a backdrop, grant of fishing rights have high chances of the lessee damaging the tank bunds and draining the water.
Justice C.V Karthikeyan observed that inviting tenders for public auction was done with specific clauses for safeguarding the irrigation requirements, without damaging the bund or draining the water for fishing.
Case Title: K. J Sumathy,W/o.Late K.S.Jagannathan & Ors v. The District Registrar, Dharmapuri Registration District & Ors.
Citation: 2022 LiveLaw (Mad) 21
Madras High Court has recently set aside an arbitral award directing execution of sale deed of a third party's property, alien to the proceedings before the tribunal, after huge fraud came into light with respect to the transaction between the parties and the arbitral proceedings before the tribunal.
Before the Division Bench of Justice P.N Prakash and Justice S. Srimathy, the contentious matter was a sale deed on a property earlier given as security, registered in favour of the lender (Rajendran) for a 4 lakh rupees loan. The borrower was a local politician and upon a fabricated dispute, the parties resorted to the arbitration clause in the loan agreement.
Based on the findings and inferences made by the Court, the arbitration proceedings by the appointment of Advocate K. Rajaram was fake since it was the result of collusion between the parties. In the said arbitral proceedings at a 'make-believe court room' in Dharmapuri with Government of India emblem, an arbitral award regarding the property of a stranger (K.S.Jagannathan's land measuring 8 acres and 16 cents), to which none of the parties before the tribunal had a lawful claim.
Case Title: Poompuhar Traditional Fishermen v. The State Of Tamil Nadu & Others.
Citation: 2022 LiveLaw (Mad) 22
A plea filed by Poompuhar Traditional Fishermen challenging Rule 17(7) of the amended Tamil Nadu Marine Fishing Regulation Rules, 1983, was dismissed by Madras High Court.
The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu observed that the restrictions imposed on the use of fishing gear, especially the ban on fishing by pair trawling or fishing with purse-seine net does not suffer from the vice of constitutional illegality.
Rule 17(7) was inserted by Government Order 36 dated 17th February, 2020. However, while dismissing the petition, the court observed that the prohibition was already in force by virtue of G.O. Ms. No.40 dated 25th March, 2000. The said G.O issued by the Animal Husbandry and Fishing (FS.V) Department, in accordance with Section 9 of the Tamil Nadu Marine Fishing Regulation Act, 1983, prohibited fishing, by pair trawling and using of Purse-Seine nets for fishing in order to protect various fish species. The prohibition on fishing gear permitted was not challenged for over two decades, the court noted.
Case Title: Dr.Parkaviyan R. v. The State of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 23
The Madras High Court has dismissed a writ petition challenging Clause 29(c) of the Prospectus issued for filling up seats in Medical PG Courses, which allows even in-service candidates who offered their services in difficult terrains to compete for seats in the Unreserved Category, with the aid of additional weightage given to their marks.
Justice M. Dhandapani observed as follows:
"…the State is empowered to create channels of selection by prescribing quotas for open category and in-service candidates, but the State is also within its powers to lay down norms with regard to the basis in which the merit list is to be prepared for determining the inter se merit of the candidates competing in the two different categories and how the inter se merit is to be arrived at by considering the marks obtained by the candidates in the eligibility test conducted by the testing agency coupled with the incentive marks awarded to the in-service candidates. Precluding the State from exercising the powers conferred on it by the Constitution, more especially Entry 25 List III of the Constitution would be denuding the State of its power, which has been given to it by the Constitution and as approved by the Hon'ble Supreme Court."
The court also pointed out that the petitioners have not challenged G.O. Ms. No.463 in and by which the incentive marks, that were awarded to in-service candidates were allowed to be counted while finalising the inter se merit of the candidates in the open category.
Case Title: S. Nithya v. The Secretary to the Union of India, Ministry of Youth Affairs and Sports & Ors.
Citation: 2022 LiveLaw (Mad) 24
Madras High Court has issued directions to streamline the functioning of Sports Organisations/ Associations/ National Sports Federations and its State Units/ National Olympic Association etc., including a mandate for an online registration system at all levels and laying down qualification requirements of functionaries at the helm of such Associations/ Federations.
A single-judge bench of Justice R. Mahadevan was adjudicating the grievance of a sportswoman who alleged favouritism and nepotism from the Tamil Nadu Athletics Association. The petitioner, S. Nithya, a Discus Throw Champion, accused the State Association of nit-picking the athletes of their choice for Open National Championships in 2017 & 2018, disregarding the petitioner and others who possessed the necessary qualification to participate in the National Level Event.
Madras High Court has asked the competent Sports Authorities/ Federations to formulate an online registration system for all district level, state level and national level athletic championships, competitions, meets and events, similar to the model followed in the Federation Cup Athletics Championships immediately. The single-judge bench has instructed that the posts of President, Vice President and Secretary of every sports Association/Organisation/NSFs and its State Units, as well as important functionaries of such organisations, shall be held only by sportspersons.
25. 'TN Housing Board Empowered To Initiate Eviction If Allotment Rules Are Violated': Madras High Court
Case Title: Anna Nagar Club v. The Executive Engineer and Administrative Officer, TNHB (Anna Nagar Division)
Citation: 2022 LiveLaw (Mad) 25
The Madras High Court has dismissed a writ petition filed by Anna Nagar Club to quash the letter of Tamil Nadu Housing Board (TNHB) demanding rental arrears from it.
The club owed an amount equivalent to Rs. 52,25,960/- as on June 2016 as rental arrears. The rent was fixed at Rs. 20,000 per month for the Club which occupies seven grounds of lands in a prime location at Anna Nagar.
Justice S.M. Subramaniam observed that the Housing Board is owned by the Government of Tamil Nadu and any loss to the Board will be the loss to the revenue of the State. Therefore, the court noted that the petitioner club should pay the remaining rental arrears and further, the Housing Board must carry out an exercise fixing the rent in commensuration with the actual market rental value in that locality.
Case Title: Annamalai v. Tamil Nadu Generation & Distribution Corporation Ltd & Ors.
Citation: 2022 LiveLaw (Mad) 26
While dismissing a petition challenging disconnection of electricity service in business premises, the Madras High Court has harshly criticized the revenue and electricity officials conniving with illegal occupants of water bodies and Government Puramboke lands.
Justice S.M Subramaniam opined that the case at hand is a classic example of connivance between occupants and concerned officials. Many revenue and electricity officers have thrown caution to the wind by allowing the encroachers to cast a legal colour on their illegal occupation by mutating revenue records and even granting them with electricity connections. The court also pointed out that this is usually done without examining the genuineness of the documents and the title to the land. The court has also suo motu impleaded the Commissioner of Revenue Administration, Chennai to identify the delinquent officials and to take appropriate departmental action against them.
Case Title: M.Sornam v. The Union Of India & Ors.
Citation: 2022 LiveLaw (Mad) 27
In a writ petition filed by the widow of a freedom fighter for grant of Family Freedom Fighters Monthly pension, Madras High Court set aside the rejection order by Freedom Figher Revenue Division (F.F.R) and directed the processing of Petitioner's application under Swatantrata Sainik Samman Pension Scheme, 1980.
While allowing the plea of the petitioner wife, the court also made some stringent remarks about bureaucrats denying the freedom fighters pension on flimsy, technical grounds.
The single-judge bench of Justice C.V Karthikeyan was adjudicating a plea filed by the widow of E. Muthiya, a freedom fighter who was a Sepoy in the Indian National Army (INA) and served under the late lamented Nethaji Subhas Chandrabose. According to the wife's petition, her late husband was taken to detention in Burma (May 1945- July 1945) and incarcerated in Rangoon Central Jail (August 1945- July 1946) while he was retreating with the INA
28. Madras High Court Expunges 'Scathing' Remarks Against Actor Vijay In Entry Tax Case
Case Title: C. Joseph Vijay v. State of Tamil Nadu & Ors.
Citation: 2022 LiveLaw (Mad) 28
In an appeal filed by Actor Vijay to remove the scathing remarks made by the single judge bench while dismissing his petition for tax exemption on a Rolls Royce Ghost Motor Car, Madras High Court has expunged the observations made by single judge bench in paras 3,4,7,8, 11 and 12 of the original order.
A Division Bench of Justices Pushpa Sathyanarayana and Mohammed Shaffiq allowed the writ appeal filed by Actor Vijay and disposed off the connected miscellaneous petition with no costs.
The actor was challenging the order passed by a single bench of Justice SM Subramaniam on July 13, dismissing a writ petition filed by Vijay in 2012. In the judgment, the single bench had made observations to the effect that one becomes a 'real hero' by promptly paying tax. The single bench had also taken a dig at the actor by saying that while his reel life characters were preaching tax compliance, in real life he was seeking exemption.
29. Madras High Court Refuses To Defer Urban Local Body Polls Amid Covid Third Wave
Case Title: Dr.M.Nakkeeran v. The State Election Commissioner & Ors. & Connected Matters
Citation: 2022 LiveLaw (Mad) 29
The Madras High Court refused to postpone the urban local body polls likely to be notified by the State Election Commission before January 27, even though the petitioners vehemently opposed conducting elections in light of the third wave of the pandemic. The order was passed after hearing all the counsels appearing for the petitioners in a course of three days.
The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that it cannot go against the direction given to the Tamil Nadu State Election Commission (TNSEC) by the apex court to abide by the constitutional mandate to conduct elections every five years. On 27th September 2021, Supreme Court had directed the TN SEC to notify the polls within four months based on the undertaking given by the Commission.
The court accepted the petitioners' contention that the High Court has vast powers under Article 226 of the Constitution. However, the court observed: "...The question however would be, in the exercise of said jurisdiction, can we go against direction of the apex court? This is not a case here we have refused to exercise jurisdiction under Article 226 in reference to the bar under any statute, but to maintain judicial discipline and not to pass an order contrary to an apex court order".
Case Title: G.Sivarajaboopathi v. State & Anr.
Citation: 2022 LiveLaw (Mad) 30
The Madras High Court (Madurai Bench) quashed an FIR registered against a man over a Facebook post made by him against Late CDS General Bipin Rawat soon after his death in the helicopter crash on December 8, 2021.
The single bench of Justice GR Swaminathan condemned the act of the accused G.Sivarajaboopathi in harsh terms but quashed the FIR observing that the post did not amount to a criminal offence under the Indian Penal Code.
The subject matter of the case was the post which said "it is disgrace to shed tears for "Dictator Bipin Rawat", the mercenary of the fascists". Based on a complaint, the Cyber Crime Police Station Nagercoil registered an FIR invoking Sections 153, 505(2) and 504 of IPC on December 15 against the author of the post and others who shared the post.
Case Title: Rt.Rev.Timothy Ravinder Dev Pradeep, The Bishop, CSI Coimbatore Diocese v. Rev.Charles Samraj.N & Anr
Citation: 2022 LiveLaw (Mad) 31
In civil revision petitions filed challenging an order passed by Coimbatore Principal District Munsiff, Madras High Court has held that the power to issue writ under Article 226 or Article 227 is subject to the court's discretion even when an alternative remedy is available. The alternative remedy in itself won't constitute a bar for the High Court to exercise its revisional powers under Article 227.
The court also made a clarification that the Registry shouldn't have queried about the maintainability of the revision petitions in light of alternative remedy under Order XLIII Rule 1(r) of the Code of Civil Procedure, as against the order passed in the interim application by the Munsiff. Registry does not have such powers to raise objections on the ground of availability of alternative remedy under the Code of Civil Procedure or under any other statute.
The single-judge bench of Justice R. Subramanian was considering the revision petitions arising out of an order granting temporary injunctions restraining administrative committee from taking any policy decisions on appointments, change of correspondents and carrying out the day-to-day affairs of CSI Diocese until the conduct of 34th CSI Coimbatore Diocesan Council and interfering with the functions carried out by the current Presbyter and Chairman of the CIS All Souls' Church, Coimbatore.
Case Title: Meharaj v. The State Rep By Its Secretary & Ors.
Citation: 2022 LiveLaw (Mad) 32
In a pertinent judgment, Madras High Court has answered i) whether the denial of conjugal rights to a convicted prisoner would be violative of Article 21 and, ii) whether the state can be directed to consider the request made by convict for emergency leave or ordinary leave for the said purpose.
Since the right of their spouses to have conjugal rights are also indirectly curtailed by such denial, Madras High Court has examined the scope of treating conjugal rights of a convict/ prisoner as a fundamental right, and in case there is such a right, whether it would be unconditional or subject to other restrictions. The court answered the above questions while deciding upon the propriety of directing the state to grant emergency leave or ordinary leave to a convict for the purpose of having a conjugal relationship with the spouse.
In a reference made by the Division Bench of High Court over the dilemma that there is no specific provision in Tamil Nadu Suspension of Sentence Rules, 1982, for availing leave to have conjugal relationship with the spouse, a three-judge bench of Acting Chief Justice Munishwar Nath Bhandari, Justice PD Audikesavalu and Justice Pushpa Sathyanarayana answered in the affirmative that prisoners/ convicts can claim such a right if there is a ground of 'extraordinary reason' and infertility treatment falls within the definition of 'extraordinary reasons' as envisaged in the Act.
The bench opined that the prayer of the petitioner to undergo infertility treatment when the convict and the spouse do not have a child in the wedlock forms 'extraordinary reason' under Rule 20 (vii) of 1982 Rules. However, the court made a clarification that if the couple had a child in the wedlock, then seeking leave for infertility treatment would not have been considered as an 'extraordinary reason'. The convict/ prisoner cannot seek leave over and over for the same ground in the category of 'extraordinary reason', the court added.
Case Title: Amica Financial Technologies Pvt.Ltd. v. Hip Bar Pvt.Ltd. & Ors.
Citation: 2022 LiveLaw (Mad) 33
Madras High Court has recently refused to grant an interim injunction to Amica Financial Technologies, restraining the respondents including Hip Bar and Dreaming Technologies Pvt Ltd from undertaking any business in connection with the pre-paid instruments license (PPI License). While vacating the ex-parte order of status quo from December, 2021, the court observed that there is not even a semblance of prima facie case made out by the applicant for grant of interim injunction.
"To claim such protection, the applicant must, at least prima facie, establish through some material that such information was communicated or imparted to the 1st (Hip Bar) and 2nd respondents. The applicant must also, prima facie, establish that the information in question is confidential in nature. Further, the applicant must also show that the confidential information is under a threat of being unauthorizedly used by the respondents for wrongful gain", the court noted.
The matter pertains to the trade secrets, including business plans and objectives, in respect of the proposed PPI business by Amica which was allegedly shared with Hip Bar. The plaintiff/applicant submitted before the court that Dreaming Technologies Private Limited is in the process of acquiring Hip Bar.
The bench of Justice N. Anand Venkatesh also discarded the request of the plaintiff to constitute a confidentiality club by noting that it cannot be done in a hasty manner merely based on the ipse dixit of the plaintiff. First of all, the Court must be satisfied based on materials and the plaintiff must necessarily lay a foundation before making such a request, the bench added. The plaintiff sought the constitution of confidentiality club for the reason that it cannot divulge the nature of trade secret either in the plaint or in the interim application for injunction; it further added that such an act would expose the sensitive confidential information to everyone and detrimentally affect the uniqueness of the business model followed by the applicant.
34. Madras High Court Issues Slew Of Directions To Remove Encroachments From Water Bodies
Case Title: K.K Ramesh v. the State of Tamil Nadu & Ors and Other Connected Matters
Citation: 2022 LiveLaw (Mad) 34
Issuing a slew of directions on top of the directions already in force, the Madras High Court has underscored that there will be no leniency towards waterbody encroachers and land grabbers.
The court has made it clear in a batch of writ petitions seeking directions to prevent widespread encroachment that- it won't allow the encroachers to peacefully enjoy the properties listed as water bodies on the 'Tamil Nilam' Website.
The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu has directed that no registering authority under the Registration Act, 1908, shall register any document pertaining to lands classified as water bodies in the revenue records as shown in the Tamil Nilam Website.
Additionally, the court made the following directions:
1) The registering authority must obtain a declaration from every such applicant seeking land registration, plan approval, electricity/ water connection or assessment of property tax that their lands are not situated in waterbodies.
2) Moreover, the authority allowing the requests in such applications should ensure that the property has not been identified as a waterbody by the State Government in Tamil Nilam Website. To ascertain the status of the land concerned, physical inspection at the property must also be carried out for ensuring the same and an office note about the same must be kept on record.
3) The court has also given an ultimatum to aiding/ abetting officials who circumvent law to facilitate encroachment of water bodies.
Case Title: M/s.CSCO LLC & Anr. v. M/s.Lakshmi Saraswathi Spintex Limited, Rep.by its Managing Director & Ors.
Citation: 2022 LiveLaw (Mad) 35
In a significant decision, the Madras High Court recently held that the mandatory time limit of 120 days to file a written statement in a commercial suit is not applicable to written statement to a counter-claim.
"... this Court holds that the Proviso to Order VIII Rule 1 of Code of Civil Procedure, which fixes the maximum period for filing the written statement as 120 days and which was held to be mandatory by the Hon'ble Supreme Court in SCG Contracts India Pvt. Ltd. Vs. K. S. Chamankar Infrasturcture Pvt. Ltd. and Ors., reported in 2019 (2) CTC 294, beyond which the right to file the written statement will stand forfeited, will not apply to a written statement filed by the plaintiffs for the counter claim made by the defendants and such cases will be governed only by the time period fixed by the Court under Order VIII Rule 6 A(3) of CPC".
Justice N. Anand Venkatesh was considering if it would be prudent according to the provisions of Civil Procedure Code and Madras High Court Original Side Rules to condone the delay of 563 days in filing the Written Statement of the Plaintiffs for a Counter Claim filed by Defendant.
Case Title: Palaniyappan & Ors. v. State & Ors.
Citation: 2022 LiveLaw (Mad) 36
The Madurai Bench of Madras High Court has recently quashed an FIR registered against protesters who assembled before a TASMAC Shop in 2017 and demanded that it must be shifted for the sake of young generation.
While quashing the FIR registered based on the complaint of Village Administrative Official and taken on the file of the Judicial Magistrate, Justice K. Murali Shankar observed that the prosecution has failed to establish that the ingredients of the offences under which they were booked are made out.
The court, after placing reliance on the Supreme Court judgment in C. Muniappan & Ors vs State Of Tamil Nadu (2010), noted its findings that Section 195 Cr.P.C bars taking cognizance of any offence punishable under Sections 172 to 188 I.P.C., except on a complaint in writing given by the public servant concerned or some other public servant to whom he is administratively subordinate.
The petitioners had filed a petition seeking quashing of the FIR registered under Sections 143 [Unlawful Assembly], 188 [Contempt of lawful authority of public servants], 341 [Wrongful Restraint] and 353 I.P.C [Assault or criminal force to deter public servant from discharge of his duty].
The court observed that the FIR was registered against 23 persons including 14 women without considering the clear bar on taking cognizance of an offence under Section 188 I.P.C. without a complaint, as contemplated under Section 195 Cr.P.C.
Case Title: M/s. Nag Leather Pvt. Ltd. v. M/s. Muzain Hides
Citation: 2022 LiveLaw (Mad) 37
The Madras High Court in a Bench comprising of Justice N. Sathish Kumar in M/s. Nag Leather Pvt. Ltd. v. M/s. Muzain Hides held that as long as a moratorium under Section 14 of the Insolvency and Bankruptcy Code is imposed, proceedings under Section 138/141 of the Negotiable Instruments Act cannot be initiated against the Corporate Debtor. These proceedings, however, can be initiated against natural persons as mentioned in Section 141. The Bench allowed the Petition and quashed proceedings under Section 138/141 of the Negotiable Instruments Act, 1881 against Petitioner no. 1, who was the Corporate Debtor undergoing CIRP under the Code.
Noting that the moratorium would apply only in respect of the Corporate Debtor, and not in respect of the directors/ management, the Court allowed the Respondent to proceed against Petitioners no. 2 and 3, them being natural persons.
Case Title: Muruganantham v. The Director-General of Police & Ors.
Citation: 2022 LiveLaw (Mad) 38
Harshly criticising the investigation by the Tamil Nadu police into the suicide of Tanjavur girl student for ruling out the angle of alleged attempts of religious conversion to Christianity from her school, the Madras High Court on Monday ordered a probe by the Central Bureau of Investigation into the matter.
"...there is nothing inherently improbable in the allegation that there was an attempt at conversion. It could be true or false. The matter called for an investigation and not outright rejection", Justice GR Swaminathan observed while allowing the petition filed by the father of the deceased girl.
The girl, a Class 12 student of Sacred Heart Higher Secondary School, Michealpatti, had died on January 19 following an attempt to suicide. After her death, certain video clips of her recorded by a third party named Muthuvel emerged in social media, in which the girl had allegedly made statements about forcible conversion attempts.
Case Title: Dr. Ramu Manivannan v. The Chief Secretary & Others
Citation: 2022 LiveLaw (Mad) 39
The Madras High Court has dismissed a plea filed by Retd. Professor Ramu Manivannan seeking directions to the government of Tamil Nadu to extend the Pongal gift hampers to the Sri Lankan Tamil refugees residing outside the rehabilitation camps.
The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that those staying outside the camps without ration cards won't be entitled to the benefits sought and there is no illegality in the policy decision of the government.
Other Developments
Case Title: Dr Prateep V. Philip, I.P.S. (Retd.) v. Deputy Superintendent of Police, CBCID, Chennai
IPS officer Prateep V. Philip, who retired as Director General of Police- Training, has been allowed the permanent custody of the bloodstained cap and name badge worn by him on the day of former Prime Minister Rajiv Gandhi's assassination.
An Additional Sessions Judge in Chennai granted permanent custody to the officer who was on duty as Additional Superintendent of Police, Kancheepuram in May, 1991 when the former Prime Minister was assassinated at Sriperumpadur.
On September 30, 2021, the city civil court in Chennai had permitted the temporary custody of the items upon execution of a bond of Rs 1 lakh so that he could wear the same on his retirement day.
While allowing the Criminal Miscellaneous Petition filed under Section 452 Cr.P.C, the judge, T Chandrasekharan, has allowed the officer to keep the cap and the badge subject to two conditions. Firstly, the officer can retain the items on the condition that CBI takes high-resolution photographs of both items which must be produced before the court with the signature of the petitioner in a time-bound manner, i.e, within three weeks. These high-resolution photographs would be admissible under Section 65 B of the Indian Evidence Act.
Secondly, the petitioner should also abide by the condition that the cap, as well as the badge, must be produced before the court as and when required under exceptional circumstances.
Case Title: S. Ramalingam v. Union of India & Ors.
On Senior Advocate P. Wilson's request to list the matter urgently, Madras High Court has posted the plea challenging the vires of the recently enacted Dam Safety Act, 2021 on January 10.
The public interest litigation preferred by DMK MP from Mayiladuthurai, S. Ramalingam, was mentioned before the bench on Tuesday. Thereafter, the first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu has decided to hear the matter after the senior counsel submitted that the Union Government was encroaching into state's domain by enacting the legislation.
The impugned Dam Safety Act was notified in the Gazette on 14th December. The primary contention of the petitioner is that the Parliament lacks the legislative competence for enacting the legislation. Terming the impugned Act as 'non-est in law' and 'void ab initio' for blatant violations of Articles 14, 19 and 21 of the Indian Constitution, the petition also mentions the other grounds under which the challenge will be sustained.
Case Title: Arjunan Elayaraja v. The Secretary & Ors.
In a plea filed for implementation of National Education Policy (NEP), 2020 in the State of Tamil Nadu, Madras High Court orally observed that it wouldn't be harmful if Hindi is taught in educational institutions as a third language, along with Tamil and English.
The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu has ordered notice in the matter returnable by four weeks.
The bench was hearing a public interest litigation filed by Arjunan ELayaraja seeking directions for the implementation of NEP, 2020 in educational institutions across Tamil Nadu. He contended that the state cannot opt out from promoting Hindi and Sanskrit in the State in light of NEP, 2020. The bench opined that the state has the discretion to decide on such issues. However, the court noted that the people of Tamil Nadu will be at a disadvantage when they go outside the State without knowing Hindi language.
4. Madras High Court Tells TN Election Commission To Videograph Every Stage Of Urban Local Body Polls
Case Title: AIADMK v. Tamil Nadu State Election Commission & Anr.
The Madras High Court has asked the Tamil Nadu State Election Commission (TNSEC) to videograph the entire election process during the upcoming urban local body polls, starting from filing of nominations to counting of votes.
The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P D Audikesavalu disposed of the writ petition filed by All India Anna Dravida Munnetra Kazhakam (AIADMK) seeking directions to TNSEC for free and fair conduct of urban local body elections.
TNSEC had submitted that it has already issued guidelines for the purpose- the entire election process will be video graphed as per the Manual on Model Code of Conduct (2019) and Standard Operating Procedure(2016), and Handbook of the Returning Officer (2019) by the Election Commission of India (ECI).
Therefore, the court deemed it fit to dispose of the writ petition noting that no further orders are required. However, it clarified that videography would involve all stages from the filing of nominations by candidates, polling of votes, keeping boxes in safe custody inside storerooms, counting of votes and declaration of results.
5. Madras High Court Restrains Leena Manimekalai & Susi Ganesan From Going To Press On #MeToo Case
Case Title: Susi Ganesan v. Leena Manimekalai & Ors.
The Madras High Court on Thursday passed an interim injunction to restrain filmmaker and poet, Leena Manimekalai and film producer Susi Ganesan from going to the press or making social media comments regarding their respective contentions in the defamation suit filed by the latter over the #MeToo sexual harassment allegations raised by the former.
Susi Ganesan had earlier filed a criminal defamation case against Manimekalai. Now, he has filed a civil defamation suit in the High Court, in which he sought an interim restraint on Manimekalai's public statements against him.
A single-judge bench of Justice Abdul Quddhose, after considering the contentions put forward by Susi Ganesan, came to the conclusion that a prima facie case has been made out for the grant of interim injunction against Manimekalai as prayed for in the plaint. The Court issued the restraint order against Manimekalai and other respondents from making public statements against Ganesan.
While granting the interim injunction, the court noted that the balance of convenience is also in favour of the plaintiff and that irreparable injury will ensue if the allegations against the plaintiff in the #MeToo Movement is proved wrong in the trial.
6. Air India Disinvestment: Madras High Court Asks Centre To Produce Share Purchase Agreement
Case Title: Air India Corporation Employees Union v. Union of India & Ors. & Connected Matters
In a plea preferred by one of the trade unions of Air India against its disinvestment, the Madras High Court has directed the Central government to produce the contentious share purchase agreement before the court.
Justice V. Parthiban took note of the petitioner's argument that the share purchase agreement is instrumental in deciding the case that involves high stakes for all parties concerned.
"The learned Additional Solicitor General is therefore directed to furnish a copy of the share purchase agreement to the Court on or before the next date of hearing," it ordered.
Further, on the request of the petitioner employees' union to go through the contents of the counter statement filed by the Union and file a rejoinder if necessary, the matter was adjourned to 21st January for disposal.
The benefit of the interim order for the retention of accommodation and medical facilities has also been extended till the next date of hearing.
7. Madras High Court Seeks Centre's Response On Plea Challenging Vires Of Dam Safety Act
Case Title: S.Ramalingam v. The Union Of India & Another
The Madras High Court has issued notice on a plea challenging the vires of recently enacted Dam Safety Act, 2021, as being violative of Articles 14, 19 and 21 of the Indian Constitution.
The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu has granted three weeks' time to the Union of India, represented by ASG R. Shankaranarayanan, to file its counter affidavit in the matter.
The petition has been filed by DMK MP from Mayiladuthurai, S. Ramalingam, saying that the Centre, through the impugned legislation, usurps the powers of the state government and disturbs the federal structure. The matter was mentioned before the Court by Senior Advocate P. Wilson last week.
The Senior counsel argued that the Parliament lacks the legislative competence for enacting the legislation. He highlighted that Entry 17 in List II under the 7th Schedule of the Constitution refers to- Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I.
Wilson also requested that Centre must refrain from constituting the National Dam Safety Authority and National Committee on Dam Safety proposed under the impugned Act, till the writ petition is disposed of.
8. Madras High Court Calls For Suggestions To Address Complaints Relating To Stray Animals, Pets
Case Title: People For Cattle In India v. The Chairman & Another
The Madras High Court has enlarged the scope of a public interest litigation pertaining to the menace of stray dogs inside IIT Madras and has called for suggestions from various stakeholders for addressing the issues related to menace created by stray animals and pets in public places.
The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu urged the state government and Corporation to take inspiration from foreign countries that have rules for regulating the actions of pet owners.
The court has asked Senior Counsel Satish Parasaran to take lead in the matter, assist the court and consolidate completely codified suggestions from all stakeholders including other counsels in the case, NGOs, animal rights defenders etc. The court expressed hope that the state of Tamil Nadu will be the pioneer in framing rules for the treatment of pet animals in the country.
"We should take this litigation further for the betterment of stray dogs and pet animals as well", the court noted.
Case Title: Cholamandalam MS General Insurance Company v. Director General of Police & Ors
Taking note of allegations about numerous fake motor accident claims, the Madras High Court has ordered a detailed probe into 84 cases claiming a total of Rs.11.70 Crores, that were withdrawn after the complaint.
Justice N. Anand Venkatesh observed,
"This is not merely coincidental and it is more a knee-jerk reaction after complaints were made to the effect that claims have been filed with false and fabricated medical and hospital records of Cavery Hospital, Hosur. It is not clear as to whether the concerned Judges before dismissing the 84 claims as not pressed, even conducted any preliminary enquiry to ascertain as to why so many claims are not pressed."
The Court thus suo motu impleaded Secretary, Tamil Nadu State Legal Services Authority to enquire into the 84 claims, previously pending before ADJ, Hosur and PSJ, Hosur.
The High Court wants to ascertain whether the claims have been not pressed with the knowledge of the concerned claimants.
Case Title: R.L. Srinivasan & Anr. v. Tamil Nadu State Pollution Control Board & Ors.
The Southern Zone of the National Green Tribunal (NGT) has refused to reschedule the public hearing on Ennore Thermal Power Plant project. The public hearing for TANGEDCO's coal-fired 660 MW power plant is scheduled to be held on 6th January by Tamil Nadu Pollution Control Board (TNPCB).
A bench of Justice K.Ramakrishnan ( judicial member) and Dr. Satyagopal Korlapati (expert member) observed that the prayer in the application for rescheduling the date of public hearing does not fall within the purview of Section 14 of the National Green Tribunal Act, contrary to the contentions put forward by Applicants.
NGT opined that the concerned authorities have the discretion to take a decision on the conduct of public hearings. Moreover, MoEF&CC's Office Memorandum in 2020 (during the pandemic) did not prohibit public hearings provided that some restrictions were put in place.
Observing that the tribunal cannot give directions to the authorities to not exercise their statutory powers ( TNPCB and District Collector in this application), it was added by the Bench that the latter can choose to postpone the date or not upon satisfaction of the prevailing situation and the Government Orders.
