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Madras High Court Monthly Digest: April 2022 [Citation 135-191]
Upasana Sajeev
2 May 2022 9:30 AM GMT
![Madras High Court Monthly Digest: April 2022 [Citation 135-191]](https://www.livelaw.in/h-upload/2022/02/01/750x450_408688-madras-high-court-monthly-digest.jpg "Madras High Court Monthly Digest: April 2022 [Citation 135-191]")
Citations: 2022 LiveLaw (Mad) 135 To 2022 LiveLaw (Mad) 191 NOMINAL INDEX M. Ramasamy v. State represented by its chief secretary and anr, 2022 LiveLaw (Mad) 135 G.Thirumurugan @ Theeran Thirumurugan v. Union of India and ors, 2022 LiveLaw (Mad) 136 V. Vasanthakumar v. The Union of India, 2022 LiveLaw (Mad) 137 Kamala v. Murugesan and Anr, 2022 LiveLaw...
Citations: 2022 LiveLaw (Mad) 135 To 2022 LiveLaw (Mad) 191
NOMINAL INDEX
M. Ramasamy v. State represented by its chief secretary and anr, 2022 LiveLaw (Mad) 135
G.Thirumurugan @ Theeran Thirumurugan v. Union of India and ors, 2022 LiveLaw (Mad) 136
V. Vasanthakumar v. The Union of India, 2022 LiveLaw (Mad) 137
Kamala v. Murugesan and Anr, 2022 LiveLaw (Mad) 138
Major Frank Ralston Samuel Raj v Kezia Padmini Swarna Pandian, 2022 LiveLaw (Mad) 139
S.P Chockalingam v. Principal Chief Conservator of Forests and Chief Wildlife Warden and Ors, 2022 LiveLaw (Mad) 140
K. Vasudevan v. The Principal Secretary to Government and Ors, 2022 LiveLaw (Mad) 141
Ms Preethika C (Minor) v. State of Tamil Nadu and Ors, 2022 LiveLaw (Mad) 142
S. Sampoornam v. C.K Shanmugam, 2022 Livelaw (Mad) 143
R. Selvaraj(died) and ors v Amutha and ors, 2022 LiveLaw (Mad) 144
Popular Front of India v. Haj Committee of India and Ors, 2022 LiveLaw (Mad) 145
B Amudha v K Rajendran(Died) and Ors, 2022 LiveLaw (Mad) 146
Dr. P. Vijayan v. The Union Of India and Ors., 2022 LiveLaw (Mad) 147
S.V Ramamurthy v. The Secretary, Government of TN, 2022 LiveLaw (Mad) 148
A Pitchaiah v. The Managing Director and Ors, 2022 LiveLaw (Mad) 149
S.Sakthivel & Anr v. The State rep. by the Food Safety Officer, 2022 LiveLaw (Mad) 150
Sivakumar v. A Radhakrishnan, 2022 LiveLaw (Mad) 151
M/S.Smart Roofing Private Limited Versus The State Tax Officer, 2022 LiveLaw (Mad) 152
V. Senthilbalaji and Ors v. State rep. By Inspector of Police and Another, 2022 LiveLaw (Mad) 153
High Court of Madras v. R.D Santhana Krishnan, 2022 LiveLaw (Mad) 154
P. Vijayabharathy v. The District Collector-cum- District Magistrate and Others, 2022 LiveLaw (Mad) 155
Murugan @ Panni Murugan v. The State rep. by Sub Inspector of Police and Anr.,2022 LiveLaw (Mad) 156
K.J Sumathy and Ors v. The Chairman, Bar Council of Tamil Nadu and Puducherry and Ors, 2022 Live Law (Mad) 157
I Nisha v. State of Tamil Nadu and ors, 2022 LiveLaw (Mad) 158
M/s.RKS Agencies Versus State Tax Officer-I, 2022 LiveLaw (Mad) 159
Madurai Kamraj University v. The Chairman, Micro & Small Enterprises Facilitation Council and Anr, 2022 LiveLaw (Mad) 160
D. Nagarathinammal v. The Project Director, National Highways Authority of India and Anr, 2022 LiveLaw (Mad) 161
The Deputy Commissioner of Income Tax Versus Saint Gobain India Private Limited, 2022 LiveLaw (Mad) 162
Dr. S. Kothandaraman v. The Pro-Chancellor and connected matter, 2022 LiveLaw (Mad) 163
Chinnasami and Ors. v. Dhanasekaran, 2022 LiveLaw (Mad) 164
Algae Labs Pvt. Ltd. Versus State Tax Officer-I, 2022 LiveLaw (Mad) 165
M/s. Shri Nandhi Dhall Mills India Private Limited Versus Senior Intelligence Officer, 2022 LiveLaw (Mad) 166
Sivashankar Baba @ C.N. Sivasankaran v. State, 2022 Livelaw (Mad) 167
Numinous Impex (I) Pvt. Ltd. Versus The Commissioner of Customs, 2022 Livelaw (Mad) 168
M/s.St. John CFS Part Pvt. Ltd. Versus The Commissioner of Central Excise, 2022 Livelaw (Mad) 169
Nallammal and another v. Sengoda Gounder and others, 2022 LiveLaw (Mad) 170
M/s Cholamandalam Investment and Finance Company Ltd. v. Harkhabhai Amarshibhai Vaghadiya, 2022 Livelaw (Mad) 171
R Vijayagopal v. The Inspector of Police and Another, 2022 LiveLaw (Mad) 172
Thanikodi v. Parameswari and Others, 2022 LiveLaw (Mad) 173
Rajivgandhi v. The State represented by Inspector of Police, 2022 LiveLaw (Mad) 174
S.M.D Mohamed Abdul Khader v. Muniswari, 2022 LiveLaw (Mad) 175
Arjunan v. Arunachalam, 2022 LiveLaw (Mad) 176
Rajasthani Marbles and Anr. v. Na.K. Kumar Son of N. Kuppurathinam, Arb. O.P. (Comm.Div) No. 73 of 2021, 2022 LiveLaw (Mad) 177
K. Gopinath v. The Director of School Education Department and others, 2022 LiveLaw (Mad) 178
State of Tamil Nadu Versus Deputy Commissioner (CT) (FAC), 2022 LiveLaw (Mad) 179
The Secretary, Tamil Nadu Olympics Association v. S. Nithya and Others, 2022 LiveLaw (Mad) 180
M Thamilselvi @ Meera Mithun v. The State, 2022 LiveLaw (Mad) 181
Sri Ram Samaj v. The Commissioner and Others, 2022 LiveLaw (Mad) 182
N. Karunanidhi v. The Union of India and Others, 2022 LiveLaw (Mad) 183
Udayanithi Stalin v. R Premalatha, 2022 LiveLaw (Mad) 184
Suresh Kumar Kankariya v. K Jigibai @Pushpammal, 2022 LiveLaw (Mad) 185
M/s.Color Home Developers Pvt. Ltd. v. M/s.Color Castle Owners Society, 2022 LiveLaw (Mad) 186
Indira Gandhi Centre for Atomic Research v. D Ganeshlan and Another, 2022 Livelaw (Mad) 187
Tvl.Asian Paints Limited Versus The Assistant Commissioner (ST), 2022 LiveLaw (Mad) 188
The Chief Engineer / Metropolitan Transport Project (Railways), Southern Railway and Anr. versus M/s. Progressive-Aliens, 2022 LiveLaw (Mad) 189
S. David Leo v. The Principal Secretary to the Government and Others, 2022 LiveLaw (Mad) 190
A. Periyakaruppan v. The Principle Secretary to Government and Another, 2022 LiveLaw (Mad) 191
Case Title: M. Ramasamy v. State represented by its chief secretary and anr
Citation: 2022 LiveLaw (Mad) 135
The Madras High Court has issued a series of directions for proper treatment of law officers, who play a pivotal role in defending both the case of the Government as well as the interest of the general public. The directions issued involve treating of law officers with due respect, disbursal of fees and special fee claimed by the Advocate General and Additional Advocate General for appearing in cases, revision of fee regularly, promptness in getting legal opinions on time, etc.
Justice M. Govindaraj observed that Law Officers of the State are cast with the onerous responsibilities to strike a balance between individual and the interest of other fellow citizens and also the interest of the State, its policies, welfare schemes etc.
The development comes in a writ petition filed by former AAG S. Ramasamy against denial of special fees claimed by him.
Case Title: G.Thirumurugan @ Theeran Thirumurugan v. Union of India and ors
Citation: 2022 LiveLaw (Mad) 136
Madras High Court directed the Government of India to continue their efforts and to invoke any existing agreements for ensuring the the release of 68 fisherman laid up in the Srilankan jail.
The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy were hearing petitions filed for the release of Tamil Nadu fishermen, who were taken into custody with their boats by the Sri Lankan Navy and Coast Guard.
The court stated that it did not have any territorial jurisdiction over the matters of the foreign government and could only ask the government to continue their efforts. Thus it was directed to send copies of the order to the government so that necessary action may be taken.
Case Title: V. Vasanthakumar v. The Union of India
Citation: 2022 LiveLaw (Mad) 137
The Madras High Court has declared Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional.
The writ petition was filed by Mr V Vasanthakumar, appearing in person challenging the validity of Section 9 and Section 32(2)(a) of the Prohibition of Benami Property Transactions Act, 1988 as amended by the Benami Transaction (Prohibition) Amendment Act, 2016.
Section 32 of the Act deals with Qualifications for appointment of Chairperson and Members of appellate tribunal and subclause (2) states that in case of a Judicial Member, the person should have been a Member of the Indian Legal Service and has held the post of Additional Secretary or equivalent post in that Service
The court highlighted the importance of the concept of Separation of Powers and stated that the concept of independence of judiciary is a vital issue and for that emphasis is made that there should be separation of power. Prior to the constitution of the Tribunal, the adjudication was done by courts. Therefore, with the constitution of tribunal, they would be discharging the work earlier discharged by the courts.
Case Name: Kamala v. Murugesan and Anr
Citation: 2022 LiveLaw (Mad) 138
The Madras High Court has held that publication to serve notice in the second appeal cannot be ordinarily issued by the appellate Court.
This is because parties to the suit participated in the trial proceedings and they have contested the appeal suit before the First Appellate court, while so, notice must be served to all the parties for the purpose of deciding the second appeal.
Justice S.M Subramaniam made the above orders in a petition filed to permit the petitioner to bring on record the proposed appellants as the legal heirs of the deceased second appellant. Seeing that the notice was not served yet and submission of the petitioner seeking paper publication, the court discussed in detail the state of affairs due to non production of proper addresses in the plaint.
The court directed the registry to ensure that all the necessary details are clearly mentioned in the plaint and interlocutory applications filed by the plaintiff(s) and the defendant(s) and to ensure that mobile numbers/phone numbers/ email addresses are mentioned and a copy of the self attested Aadhar card is enclosed.
Case Title: Major Frank Ralston Samuel Raj v Kezia Padmini Swarna Pandian
Citation: 2022 Live Law (Mad) 139
The Madras High reiterated that marriage can be dissolved by decree of divorce on a petition presented either by the husband or the wife on the ground that the other party as after the solemnization of the marriage has not cooperated to consummate the marriage.
Justice K Kalyanasundaram and Justice V Sivagnanam were hearing an appeal filed by an army officer, Major Frank Ralston Samuel Raj. Observing that the marriage was beyond broken, the court stated that Continuance of the relationship for namesake is prolonging the agony and affliction would be a cruelty to both the parties.
The court drew attention to Section 10 of Indian Divorce Act 1869, marriage can be dissolved by decree of divorce on a petition presented either by the husband or the wife on the ground that the other party as after the solemnization of the marriage not co-operated to consummate the marriage and the marriage has not therefore been consummate is entitled for divorce.
The court also relied on judgements were it was held that a spouse willfully avoiding another spouse to have sexual intercourse without sufficient reason, amounts to mental cruelty to such spouse.
6. Night Travel Ban In Sathyamangalam Tiger Reserve; Madras High Court Issues Directions For Movement
Case Title: S.P Chockalingam v. Principal Chief Conservator of Forests and Chief Wildlife Warden and Ors
Citation: 2022 LiveLaw (Mad) 140
While considering a series of petitions concerning movement of vehicles through the Sathyamangalam Tiger Reserve and the Government Notification prohibiting movement of all vehicles between 6 pm to 6 am, the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy highlighted the fundamental duty for protection of animals. The court also considered in detail the particular nature of the area and the need for protection of the Reserve.
The court ordered a complete ban on the movement of vehicles having more than 12 wheels and weighing more that 16.8 tonnes at any time through these roads. Vehicles having below 10 wheels and weighing less that 16.8 tonnes have been permitted between 6 am to 6 pm. The transport buses, both public and private are free to ply between 6 am and 9 pm.
The court, while highlighting the freedom of movement under Article 19, also stated that in the present case the restrictions are imposed taking into account that the highway is passing through the core protected zone of the Tiger Reserve, as a thoroughfare through the eco-sensitive zone, Sanctuary and Reserve Forest.
The court also highlighted the Fundamental Duty of compassion towards animals recognition of freedom of animals as held in the judgement of Apex Court in Animal Welfare Board of India v. A Nagaraja, where the court had extended the Right to Life guaranteed under Article 21 of the Constitution to animals also.
7. Teachers Who Have Not Qualified TET Cannot Continue Service In Schools: Madras High Court
Case Title: K. Vasudevan v. The Principal Secretary to Government and Ors.
Citation: 2022 LiveLaw (Mad) 141
The court ruled that it is mandatory for the teachers, who did not possess the minimum qualification of pass in TET prior to RTE Act, 2009 to acquire the same within the period of nine years i.e., within 31.03.2019. Teachers who do not possess this minimum qualification are not entitled to continue their service or seek increment.
The bench of Justice D Krishnakumar were hearing petitions filed by a teacher to sanction annual increment to them in the B.T. Assistant posts as well as incentive increment for having acquired Post Graduation, without reference to passing of Teachers Eligibility Test (TET) with all consequential and other attendant benefits.
The court held that the purpose of TET is to assess the teachers on whether they have the adequate teaching competency and a positive attitude towards teaching. It is made compulsory to bring national standards and benchmark for quality in the recruitment process and to lay special emphasis on teachers' quality.
Case Title: Ms Preethika C (Minor) v. State of Tamil Nadu and Ors
Citation: 2022 LiveLaw (Mad) 142
The Madras High Court has upheld the validity of The Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to students of Government Schools Act, 2020, which provided for 7.5% preference/reservation to the students of government schools in admission to undergraduate medical/dental courses.
The bench of Chief Justice Munishwar Nath Bhandari and Justice Bharatha Chakaravarthy opined that the horizontal reservation was not against Article 14 and that the act does satisfy the doctrine of proportionality, the court examined that findings of the committee and observed the stark difference in the social background of students coming from government schools and those coming from CBSE and ICSE schools.
The court also held that the students of the State Government Schools are a 'socially and educationally backward class', therefore, the reservation in their favour is will be within the power of the State as contained in Article 15(4) of the Constitution of India.
The court also directed the State Government to review the reservation in a period of five years and to take steps to improve the standard of education imparted in the Government Schools so that the reservation may not be further extended beyond a period of five years.
Case Title: S. Sampoornam v. C.K Shanmugam
Citation: 2022 Livelaw (Mad) 143
Justice N Anand Venkatesh of the Madras High Court has recently held that the Coparcenary rights are not taken away by the Hindu Succession Act 1956. In fact, it has been reiterated even after coming into force of the 2015 amendment.
The court was considering a second appeal filed by for claiming share in the ancestral property for the appellant himself and his three sisters, defendants 2 to 4 from his father, first defendant.
The court held that when the Hindu Succession Act, 1956 was not in force, the old Hindu Mitakshara law was governing the field. Under the Mitakshara law whenever a male ancestor inherits any property from any of his parental ancestors up to three degrees above him, then his legal heirs upto three degrees below him, will get an equal right as co- parceners in that property.
In the present case, since the great great grandfather died even before the Hindu Succession Act Came into force, the ancestral property was governed under the Mitakshara Law. Therefore, the respondent could not claim that he enjoyed the property in individual capacity.
10. Degree Of Certainty Must Be Arrived At Before A Fact Is Said To Be Proved: Madras High Court
Case Title: R. Selvaraj(died) and ors v Amutha and ors
Citation: 2022 LiveLaw (Mad) 144
While considering a second appeal against the order of Sub Judge for enjoyment of suit schedule property, the Madras High Court bench of Justice N. Anand Venkatesh, while passing the order focused on the importance of bringing certainty to a fact especially in civil matters.
The main question was regarding the admissibility of a document showing a family arrangement for enjoyment of property in a particular manner between the family of original owners of the property. The court highlighted that this document in question was never mentioned before even in the sale deeds also and was introduced for the first time during the pendency of the suit.
The court held that a degree of certainty must be arrived at for a fact to be proved. Proof does not mean proof to rigid mathematical demonstration, because that is impossible, and it must only mean that such evidence as would induce a reasonable man to come to the conclusion.
In the present case, any reasonable person would have doubts about the genuineness of the document and the only reasonable conclusion is that the document was not a real one and was created to defeated the claims of parties to the registered document.
Case Title: Popular Front of India v. Haj Committee of India and Ors
Citation: 2022 LiveLaw (Mad) 145
The Madras High Court was recently considering the writ petitions filed by Popular Front of India challenging the guidelines framed by the Haj Committee for the year 2022 regarding embarkation points and to include Chennai Airport as one of the embarkation points for the Haj pilgrims.
The bench comprising Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy stated that if found appropriate, the Haj Committee may take a decision to make necessary amendments in the guidelines to include other embarkation points, keeping in mind the recommendations of the State Government and the number of persons who travel for the Haj from any of the embarkation points.
The court was not inclined to pass a definite order against the guidelines as they were issues in view of the Covid-19 pandemic and it was not for the courts to decide upon the policy guidelines of the Committee.
12. Counsel Has Professional Duty To Exercise The Right Of Re-Examination: Madras High Court
Case Title: B Amudha v K Rajendran(Died) and Ors
Citation: 2022 LiveLaw (Mad) 146
The Madras High Court recently observed that a counsel has a professional duty to exercise their right of re-examination for upholding the cause of their clients. Justice G.R Swaminathan noted that the sense and meaning of the answers given by the appellant in trial must have been brought out by re-examination by the counsel.
The appellant had sought for protection under the exception set out in Section 19(b) of the Act which states that Specific Performance cannot be sought against a transferee for value who has paid his money in good faith and without notice of the original contract.
The court while highlighting the ambulatory nature of the onus of proof observed the following-
"There is a game involving passing the ball and when the music stops the person holding the ball is declared out. The ambulatory nature of onus of proof plays out likewise. The burden keeps shifting back and forth. In this case, the onus shifted from the appellant to the plaintiff who passed it back to her. If only re-examination had been done and the appellant had clarified that she became aware of the facts relating to the agreement only during trial and had reiterated her lack of knowledge about the prior contract before she paid her money to the first defendant, the burden would have once again shifted to the plaintiff."
Case Title: Dr. P. Vijayan v. The Union Of India and Ors.
Citation: 2022 LiveLaw (Mad) 147
The Madras High Court has held that a past misconduct of the employee cannot be a reason for imposing a major penalty (under Indian Maritime University Teaching and Non-Teaching Employees (Terms and Conditions of Services) Rules), such as removal from service.
The bench of Justice C Saravanan was considering the petition filed by the former director of the Indian Maritime University, Dr. P Vijayan against the order of the Executive Council of the Indian Maritime University, dismissing him from services and imposing penalty of Rs. Rs. 22,65,469.
The court held that there was no scope for either suspending the Mr. Vijayan or imposing the penalty under the provisions of Chapter VII - The Conduct of the Employees of the University Teaching and Non-Teaching Employees (Terms and Conditions of Service) Rules and therefore such suspension and imposition of penalty was unsustainable. With regard to using of perks and privileges unauthorizedly, the court held that the same could not be recovered from Mr. Vijayan as he was not an "employee" of the university.
14. All Auto Rickshaw Holders Should Have Operating Electronic Meters: Madras High Court
Case Title: S.V Ramamurthy v. The Secretary, Government of TN
Citation: 2022 LiveLaw (Mad) 148
The Madras high court bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy recently considering a writ petition for implementation of the Government Order mandating installation of electronic meters in all auto rickshaws.
The court directed that all autorickshaws be fitted with electronic meters which should be operated while transporting passengers. The court also ordered that checks should be conducted by the Police and Transport Departments to find out as to whether the auto-rickshaw is being operated with meters or not, and for that, if any complaint is made, then immediate action should be taken on it.
The court also directed the State to revise the fares/rates of the auto-rickshaws, periodically, looking to the fluctuation of the rates of petrol/diesel. This system would take into account the fluctuations of the rates of petrol/diesel without evolving the long drawn process but by using the software in such a manner where the rates may be revised, thereby, upgraded the system/mechanism automatically on the meters.
15. Disputed Facts Cannot Be Adjudicated In Writ Proceedings: Madras High Court
Case Title: A Pitchaiah v. The Managing Director and Ors
Citation: 2022 LiveLaw (Mad) 149
The Madras High Court recently disposed of a writ petition filed by a workman for terminal and pensionary benefits observing that the appropriate authority to address his grievance was the labour court.
During the course of the hearing the court also discussed the present situation where the litigants directly approach the High Court under article 226 without exhausting the remedies provided under the statutes. The petitioners seek for a direction to direct the respondent to pay entire pensionary and service benefits. However, the High Courts powers are limited in such cases and these leads to multiplicity of proceedings. The court also opined that litigant should not be made to suffer by way of multiplicity of proceedings.
It was further observed that all writ petitions are maintainable under Article 226 of the Constitution but its entertainability is to be decided with respect to the rights of the parties or its infringement. Therefore, the parties must be allowed to exhaust the alternate remedies provided under the statutes and service rules and then if they are further aggrieved, approach court under Article 226 of the Constitution.
Case Title: S.Sakthivel & Anr v. The State rep. by the Food Safety Officer
Citation: 2022 LiveLaw (Mad) 150
The Madras High Court has recently allowed a petition for quashing proceedings under the Food Safety and Standards Act, 2006 observing that the Designated Officer had not sent his recommendations on the food sample within a period of 14 days, as mandated under Section 42 of the Act.
Justice K. Murali Shankar observed that the respondent had violated the "mandatory requirement" contemplated under Section 42 of the Act and therefore, the very launching of the complaint itself is not proper. The court also observed that when the authorities have not followed mandate, it is not reasonable to direct the petitioners to face the trial.
Sub-section 3 of Section 42 (Procedure for launching prosecution) states that the Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety.
Case Title: Sivakumar v. A Radhakrishnan
Citation: 2022 LiveLaw (Mad) 151
The Madras High Court has recently sentenced a litigant to undergo simple imprisonment for four weeks for filing false affidavit in Court, thereby attempting to interfere with the course of administration of justice, punishable under Contempt of Courts Act, 1971.
The bench of Justice P.N Prakash and Justice A.A Nakkiran passed the orders on a Contempt Petition filed under Section 15 of the Contempt of Courts Act 1971 against A Radhakrishnan to prosecute him for his illegal activities. The petition was filed after obtaining the consent of the Advocate General.
The court also observed that contempt proceedings are between the court and the contemnor. Hence, motive, which is normally alleged in criminal cases for false implication, does not apply to contempt cases.
Case Title: M/S.Smart Roofing Private Limited Versus The State Tax Officer
Citation: 2022 LiveLaw (Mad) 152
The Madras High Court bench of Justice C. Saravanan has quashed the penalty under GST for a wrong declaration in an e-way bill as there was no intention of tax evasion. The court observed that there was only a technical breach committed by the petitioner and there was no intention to evade tax.
The court noted that the authorities were justified in detaining the goods inasmuch as there was a mistake in the E-way bill. However, the facts indicate that the consignor and the consignee are one and the same entity, namely, the Head Office and the Branch Office. In this case, the petitioner has a new place of business, but has not altered the GST registration. However, steps have been taken to ex post facto include the new place of business in the GST registration. The registration certificate was also amended.
Case Title: V. Senthilbalaji and Ors v. State rep. By Inspector of Police and Another
Citation: 2022 LiveLaw (Mad) 153
Justice A D Jagdish Chandra of the Madras High Court on Monday quashed the criminal proceedings instituted by Minister of Electricity of Tamil Nadu- V. Senthil Balaji and other DMK party members, for participating in protests against Farm Laws during the Covid-19 lockdown in 2020.
In the petition, Mr Balaji along with four others sought to quash the chargesheet filed before the Karur Judicial Magistrate for the alleged offences under Sections 143 (punishment for unlawful assembly) and 270 (Malignant act likely to spread infection of disease dangerÂous to life) of IPC r/w. Section 4A(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.
It was contented that the protest was for a public cause and apart from that there was no material evidence to show that the petitioners have committed offences as alleged. There was also no material to show that the petitioners were acting negligently to spread the infection of any disease dangerous to life without following COVID 19 guidelines issued by the State.
Case Title: High Court of Madras v. R.D Santhana Krishnan
Citation: 2022 LiveLaw (Mad) 154
The Madras High Court bench of Justice P.N Prakash and Justice A.A Nakkiran recently sentenced Mr. R.D Santhana Krishnan, a lawyer practicing in the Bar Council of Tamil Nadu and Puduchery to Simple Imprisonment for Two Weeks and a fine of Rs. 6000.
Mr R.D Santhana Krishnan was seen canoodling a lady, on 20.12.2021 while attending the virtual court proceedings. The video clipping of the said incident had gone viral and the court had taken suo moto cognizance of the issue. The court had charged Santhana Krishnan under Section 2 read with Section 12 of the Contempt of Courts Act, 1971
Case Title: P. Vijayabharathy v. The District Collector-cum- District Magistrate and Others
Citation: 2022 LiveLaw (Mad) 155
The Madras High Court has allowed a petition filed by a victim belonging to Scheduled Caste Community claiming compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, for an offence committed against her in the year 2014.
While passing orders Justice G. Ilangovan observed that as per the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, the victim is entitled for the relief and compensation of Rs. 5,00,000/-. Out of this, 50% of the amount must be disbursed soon-after the completion of the medical test. 25% must be disbursed at the time of filing the final report.
The court also observed that A beneficial piece of legislation must be interpreted in a purposive manner which would effectuate the object of the welfare legislation and the Court must always lean in favour of applying the beneficial measures that have been given to victims, even in cases where the incident had happened before 2016.
Case Title: Murugan @ Panni Murugan v. The State rep. by Sub Inspector of Police and Anr.
Citation: 2022 LiveLaw (Mad) 156
The Madras High Court recently held that the scope of Section 427 CrPC is that, in respect of conviction to undergo the sentence of imprisonment passed on subsequent cases for the offence of same nature, the sentence shall run concurrently. The court also made it clear that it can exercise of its jurisdiction under Section 482 of CrPC and issue direction that the sentence imposed by the trial court shall run concurrently.
Justice G.K Ilanthiraiyan also relied on decisions of various high court where it was held that the inherent powers of the High Court is not in any way fettered by the provisions of Section 427(1) and it can be invoked at any stage even if there is no such order passed under Section 427(1) by the Trial Court or Appellate or Revisional Court and even though the conviction has become final.
Case Title: K.J Sumathy and Ors v. The Chairman, Bar Council of Tamil Nadu and Puducherry and Ors.
Citation: 2022 Live Law (Mad) 157
The Madras High Court has observed that in criminal proceedings, the legal heirs of the original complainant can apply for continuation of proceedings against the accused upon the death of the original complainant.
The court further quashed the order passed by the disciplinary committee of Bar Council of Tamil Nadu and Puducherry which had held that the legal heirs cannot step into the shoes of the original complainant and cannot carry on disciplinary proceedings against the advocates.
The bench of Justice P.N Prakash and Justice AA Nakkiran opined that the Disciplinary Committee was swayed by the fact that the proceedings before it were quasi-criminal, and the view that legal heirs of the complainant cannot be substituted in place of the original complainant amounts to woeful ignorance of the settled position in criminal law.
Case Title: I Nisha v. State of Tamil Nadu and ors
Citation: 2022 LiveLaw (Mad) 158
Observing that there is a trend of delay in filing of the Final Report after the statutory time limit, the Madras High Court has directed the Police to file all final reports On-line. Such On-line filing of final reports by the Police, will be in compliance with the requirements of Rule 25 of the Criminal Rules of Practice, 2019. The court further clarified that the mandatory period for filing the final report shall apply even in cases where the accused has already been detained. Further, the court also directed that the Judicial Magistrates / Criminal Courts shall not return the final reports for such non-enclosure of the reports which are listed out as Nos.(vii) to (x) & (xxix) of Sub Rule 7 of Rule 25 of the Criminal Rules of Practice.
The bench of Justice R Subramanian and Justice N Sathish Kumar further directed the Director General of Police to issue required Circulars to respective Police Stations to ensure compliance of the orders. The court further directed the registry to place the order before the Chief Justice to enable the Registry to issue appropriate circulars to the criminal courts.
25. Madras High Court Directs GST Dept. To Release Detained Vehicle On Payment Of 25% Of Penalty
Case Title: M/s.RKS Agencies Versus State Tax Officer-I
Citation: 2022 LiveLaw (Mad) 159
The Madras High Court bench of Justice R. Suresh Kumar has directed the GST department to release the detained vehicle on the payment of 25% of the penalty.
The petitioner/assessee purchased cement from Andhra Pradesh, whereas, the petitioner has a branch office at Coimbatore, which is the destination where the purchased goods have to reach. When the goods were transported, the vehicle was intercepted by the respondent revenue squad, and they found that there was a violation in the invoice because the full address of the buyer was not mentioned.
The petitioner submitted that the absence of the full address of the buyer was not such a major offence or violation that the goods in question could not be detained by the department.
The department contended that the full address of the petitioner, being a buyer, had not been mentioned in the documents like invoices, etc.
Case Title: Madurai Kamraj University v. The Chairman, Micro & Small Enterprises Facilitation Council and Anr.
Citation: 2022 LiveLaw (Mad) 160
The High Court of Madras has observed that S. 18 of the MSMED Act will override the arbitration clause between the parties. The Court observed that since S. 24 of the MSMED Act is a non-obstante clause, it gives overriding effect to the provisions of S. 15 -23 of the Act.
The Bench of Justice Pushpa Sathyanarayan and Justice P. Velmurgan observed that once a reference is filed before the MSME Council under S. 18 of the Act, the provisions of the arbitration clause must yield to the provisions contained under S. 18 of the Act.
27. Writ Petition Is Not Maintainable To Enforce The Arbitral Award: Madras High Court
Case Title: D. Nagarathinammal v. The Project Director, National Highways Authority of India and Anr.
Citation: 2022 LiveLaw (Mad) 161
The High Court of Madras observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under S. 36 of the A&C Act.
The Single Bench of Justice G.K. Ilanthiraiyan observed that the A&C Act is a complete code in itself and envisages minimum judicial intervention. If further observed that if the Courts are allowed to interfere beyond the permissible lines, then the efficacy of arbitration as an expeditious method of dispute resolution would be diminished.
28. TPO To Mandatorily Pass Order Determining Arm's Length Pricing Within 60 Days:Madras High Court
Case Title: The Deputy Commissioner of Income Tax Versus Saint Gobain India Private Limited
Citation: 2022 LiveLaw (Mad) 162
The Madras High Court bench of Justice R.Mahadevan and Justice J.Sathya Narayan Prasad has held that the transfer pricing officer (TPO) must mandatorily pass the order determining arm's length pricing within 60 days.
In the writ petition, the appellant/department has disputed the judge's order. The judge ruled that the TPO's decision or inability to issue an order within 60 days will have an influence on the order issued by the Assessing Officer, for which an outer time limit has been specified under Sections 144C and 153 of the Income Tax Act.
The court held that, as per the proviso to Section 92CA (3A), if the time limit for the TPO to pass an order is less than 60 days, then the remaining period shall be extended to 60 days. This implies that not only is the time frame mandatory, but also that the TPO has to pass an order within 60 days.
The court observed that when an order is passed on time, the procedures under 144C and 92CA(4) are to be followed. When the determination is not made in time, it cannot be relied upon by the assessing officer while concluding the assessment proceedings.
Case Title: Dr. S. Kothandaraman v. The Pro-Chancellor and connected matter
Citation: 2022 LiveLaw (Mad) 163
The Madras High court has held that the regulations prescribed by the All India Council For Technical Education (AICTE) are binding on all universities and institutions and these universities or institutions cannot prescribe rules on their own.
The bench of Justice V Parthiban was hearing two connected writ petitions filed by Dr. S Kothandaraman and Dr. A.V Raviprakash, Principal and Professor at the Pondicherry Engineering College against their forced retirement by the University. The university had prescribed the age of superannuation as 62 years as against the age of 65 years prescribed by AICTE.
The court held that the age of superannuation as prescribed under AICTE regulation is binding on the third respondent University and any other prescription of the age of superannuation repugnant to the AICTE regulation is to be held void and inoperative and it cannot be enforced in law.
CaseTitle: Chinnasami and Ors. v. Dhanasekaran
Citation: 2022 LiveLaw (Mad) 164
The Madras High Court recently observed that it is high time that the subordinate Courts come into grips with the fundamental principles of CPC and nip in the bud those suits which are not maintainable.
The bench of Justice N. Anand Venkatesh observed that there are sufficient provisions in CPC to undertake such an exercise and what is required is the awareness about the availability of such provisions and invoking the same in a pro-active manner.
The remarks were made while setting aside a decree passed by the lower Appellate Court with respect to schedule properties, on the ground of lack of territorial jurisdiction. The court held that the order of the trial court was a nullity as it lacked territorial jurisdiction and that the court should not have even gone into the merits of the case. The court further stated that if the courts below had been careful enough and had dismissed the suit then and there, the suit which was instituted in 2008 would not have dragged on for 14 long years.
Case Title: Algae Labs Pvt. Ltd. Versus State Tax Officer-I
Citation: 2022 LiveLaw (Mad) 165
The penalty imposed for mismatch of address in invoice and RC was quashed by the Madras High Court bench of Justice C. Saravanan on the grounds that there was a post facto alteration in GST registration.
The court noted that the address has been included in the petitioner's place of business in the GST Registration. Thus, there is a post facto inclusion of the address, which was mentioned in the tax invoice raised by the supplier and in the E-way Bill.
Case Title: M/s. Shri Nandhi Dhall Mills India Private Limited Versus Senior Intelligence Officer
Citation: 2022 LiveLaw (Mad) 166
The Madras High Court bench of Justice Anita Sumanth has held that merely because an assessee has, under the stress of investigation, signed a statement admitting tax liability and having also made a few payments as per the statement, it cannot lead to self-assessment or self-ascertainment.
The court observed that the ascertainment contemplated under Section 74 (5) of the Income Tax Act is of the nature of self-assessment and amounts to a determination that is unconditional, and not one that is retracted. If such an ascertainment/self-assessment had been made, there would be no further proceedings contemplated, as Section 74 (6) states that with the ascertainment of demand in Section 74 (5), no proceedings for show cause under Section 74 (1) shall be issued.
33. Madras High Court Grants Bail To Godman SivaShankar Baba In POCSO Case
Case Title: Sivashankar Baba @ C.N. Sivasankaran v. State
Citation: 2022 Livelaw (Mad) 167
The Madras High Court granted bail to self styled godman CN Siva Sankaran (commonly known as Siva Sankar Baba) accused under the POCSO act in various child sexual abuse cases. He has been accused of sexually harassing and misbehaving with the minor girl children studying in his school.
While granting the conditional bail, Justice G Jayachandran directed the accused to submit his passport and to co-operate with the investigation. The court further instructed the accused not to leave the state without giving prior information to the investigating officer. It was also directed that the conditions imposed by the Supreme Court shall also continue.
34. GST ITC Refund Can't Be Denied Even If Taxpayer Has Claimed Duty Drawback: Madras High Court
Case Title: Numinous Impex (I) Pvt. Ltd. Versus The Commissioner of Customs
Citation: 2022 Livelaw (Mad) 168
The Madras High Court bench of Justice C. Sarvanan has held that the refund of input tax credit (ITC) cannot be denied even if the taxpayer has claimed duty drawback.
The court, while allowing the petition, directed the department to scrutinise the refund ITC claims filed by the petitioner under Section 16(3) of the Integrated Goods and Services Tax Act, 2017 read with Section 54 of the Central Goods and Services Tax Act, 2017 and Rule 89 of the Central Goods and Services Tax Rules, 2017 and other applicable rules and refund the ITC together with applicable interest under the provisions of the respective enactments, within a period of three months from the date of receipt of a copy of this order.
Case Title: M/s.St. John CFS Part Pvt. Ltd. Versus The Commissioner of Central Excise
Citation: 2022 Livelaw (Mad) 169
The Madras High Court bench of Justice R. Subramanian and Justice N.Sathish Kumar has held that the pre-deposit payment made by the parent company having a separate service tax registration amounts to proper compliance.
The court stated that, without a doubt, the Tribunal was correct in concluding that the deposit made by the parent company, which had a separate service tax registration, could not be considered proper compliance.At the same time, the order of the Tribunal imposing a condition has been complied with. The court found that the rigid view of the tribunal would only result in the appeal being thrown out on technical grounds, resulting in a denial of opportunity to the assessee.
The court directed the department to treat the payment made by the parent company as a payment made by the appellant company for the purposes of compliance with the interim order alone.
Case Title: Nallammal and another v. Sengoda Gounder and others
Citation: 2022 LiveLaw (Mad) 170
The Madras High Court bench of Justice Teeka Raman has held that the easement right cannot be created by the act of the parties themselves without any recital in the documents. The easement right is a statutory right and therefore has to be proved in a manner known to law.
The court was hearing a second appeal filed by one Nallammal for permanent injunction. The lower courts had passed orders against the appellant holding that the respondents herein (defendants in the suit) had a right of easement by necessity.
Case Title: M/s Cholamandalam Investment and Finance Company Ltd. v. Harkhabhai Amarshibhai Vaghadiya
Citation: 2022 Livelaw (Mad) 171
The High Court of Madras has held that manifest intention to arbitrate is a sine qua non for filing an application under S. 9 before the commencement of the arbitration. No interim relief can be granted if the intention to arbitrate is missing.
The Single Bench of Justice M. Sundar held that manifest intention to arbitrate is a jurisdictional fact that must precede the application under S. 9 of the Act. It also held that Court would only appoint the receiver when the applicant is successful in demonstrating that the property is in imminent danger of waste.
Case Title: R Vijayagopal v. The Inspector of Police and Another
Citation: 2022 LiveLaw (Mad) 172
The Madras High Court has quashed the charge sheet on the file of Judicial Magistrate, Theni and the order of de-nova trial for altered charges against a lawyer who was accused of forging documents of surety.
The Madurai Bench of Justice G.R Swaminathan observed that the lawyer was merely discharging his professional service in connection with the furnishing of sureties. He had not fabricated or manufactured the documents in question. The sureties had come to the court and they brought the documents with them. The petitioner had only presented the same along with his memo of appearance. The court also observed how the prosecution never contested that the petitioner had conspired with the sureties in the tampering of documents. Thus, the lawyer cannot be faulted with penal liability.
Case Title: Thanikodi v. Parameswari and Others
Citation: 2022 LiveLaw (Mad) 173
The Madras High Court has recently held that when a claim is presented under the Motor Vehicles Act, the insurance company is liable to pay compensation even when the driver of the vehicle was not possessing a valid driving license. It added that amount may later be recovered from the owner of the vehicle.
The Madurai bench of Justice Teeka Raman made the above observations on an application filed by the owner of the offending vehicle, Thanikodi against the order passed by the Motor Accidents Claims Tribunal, Peiyakulam. The Tribunal had held that the owner of the vehicle was liable to pay compensation and exonerated the insurance company and had awarded compensation.
The court applied the principle of pay and recovery and directed the insurance company to compensate the family of the deceased and later recover this amount from the owner of the vehicle in the manner known to law.
40. Ban Two-Finger Test On Rape Victims Forthwith:Madras High Court Directs State
Case Title: Rajivgandhi v. The State represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 174
The Madras High Court has directed the State Government to ban the practice of two finger test on victims of sexual offences by the medical professionals forthwith.
The bench of Justices R. Subramanian and N. Sathish Kumar issued this direction as it noted that the two finger test is being used in cases involving sexual offences, particularly, on minor victims even after the Supreme Court judgment which held that it violates the right of rape survivors to privacy, physical and mental integrity and dignity.
The court was dealing with an appeal filed under Section 374(2) CrPC against an order of conviction and sentence under the POCSO Act. The accused, Rajivgandhi had been convicted for life sentence which would be till the end of the life time for the offences under Section 5(l) read with Section 6(1) of the POCSO Act with a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for 3 months and 7 years rigorous imprisonment for an offence under Section 363 of IPC along with a fine of Rs.20,000/- in default to undergo simple imprisonment for 3 months.
Case Title: S.M.D Mohamed Abdul Khader v. Muniswari
Citation: 2022 LiveLaw (Mad) 175
While setting aside the order of a lower court, the Madras High Court recently allowed an accused under Section 138 of the Negotiable Instruments Act to examine complainant's side of witnesses. Justice G.K Ilanthiraiyan sitting at Madurai observed,
"Accused has the right to demonstrate that the complainant in a particular case did not have the capacity and therefore, the case of the accused is acceptable which he can do by producing independent material namely by examining his witnesses and producing documents. It is also open to him to establish the very same aspect by pointing to the materials produced by the complainant himself."
Case Title: Arjunan v. Arunachalam
Citation: 2022 LiveLaw (Mad) 176
The Madras High Court has recently held that while dealing with the aspect of "retrospective effect" under the Indian Registration Act, the courts shall not go by retrospective operations in simpliciter, as stated in the said Section, but consider all the attentive circumstances. These may relate to the purchase of stamp paper and the evidence of description, if any, presence of the executant and whether the executant, namely, the seller is a party defendant in the suit.
Only on a cumulative analysis of all attentive circumstances, a decision is to be rendered not by general presumption as stated by the provision alone, the bench of Justice Teekaa Raman observed.
Case Title: Rajasthani Marbles and Anr. v. Na.K. Kumar Son of N. Kuppurathinam, Arb. O.P. (Comm.Div) No. 73 of 2021
Citation: 2022 LiveLaw (Mad) 177
The High Court of Madras has held that the arbitration clause contained in a partnership deed survives the termination of the deed. The Court held that the clause is an independent agreement and outlives the main contract in which it is incorporated.
The bench of Justice M Sundar reiterated that all the issues related to the arbitrability of the claims shall be decided by the arbitral tribunal unless it is a clear case of deadwood. The Court held that Section 11 of A&C Act does not permit elaborate pleadings on the claims.
The Court also held that a poor drafting of an arbitration clause shall not deprive a party of its right to refer its disputes to arbitration as long as the intention of the parties to arbitrate can be clearly gathered from the clause.
Case Title: K. Gopinath v. The Director of School Education Department and others
Citation: 2022 LiveLaw (Mad) 178
The Madras High Court bench of Justice M Duraiswamy and Justice T.V Thamilselvi dismissed as withdrawn a petition filed for directing the Department of School Education to restrict the students from wearing dresses and accessories with religious significance to the schools and educational institutions.
The bench observed that since the issue is already pending before the Supreme Court, it is not in a position to consider it at this stage. The petition was filed by advocate K Gopinath, leader of Hindu Munnetra Kazhagam.
Case Title: State of Tamil Nadu Versus Deputy Commissioner (CT) (FAC)
Citation: 2022 LiveLaw (Mad) 179
The Madras High Court bench of Justice R.Mahadevan and Justice Mohhammed Shaffiq has held that any tax collected without authority would certainly amount to unjust enrichment and the assessees must claim a refund of the tax collected or retained by the state within three years from the date of their payments to the department.
The issue raised was whether the doctrine of "unjust enrichment" would apply in the absence of an express provision and whether "unjust enrichment" would apply to taxes paid on raw materials and captively consumed in the manufacture of finished goods within the state.
The court held that "unjust enrichment" means the retention of a benefit by a person that was unjust or inequitable. It occurs when a person retains money or benefits that, in justice, equity, and good conscience, belong to someone else. As a result, the doctrine of "unjust enrichment" states that no one can be allowed to enrich inequitably at the expense of another.
Case Title: The Secretary, Tamil Nadu Olympics Association v. S. Nithya and Others
Citation: 2022 LiveLaw (Mad) 180
The Madras High Court on Tuesday dismissed a writ appeal filed by the Tamil Nadu Olympic Association challenging a single judge order specifying that only sportsperson should be appointed as President or Vice President of the sports associations and organisations.
Coming down strongly on the appellants, the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy highlighted the plight of sportspersons in the country. The court highlighted how worst facilities are given to sportspersons who represent the district, state and country and all the good facilities are given to politicians who accompany them and who have no connection to sports.
The court further asked why a person having any affiliation to a political party be appointed as the chairman, president or vice president of these organisations. When it is neither their profession or nor their expertise, what is the need for them to enter into this area, it asked.
Case Title: M Thamilselvi @ Meera Mithun v. The State
Citation: 2022 LiveLaw (Mad) 181
The Madras High Court bench of Justice G Jayachandran dismissed a plea for anticipatory bail filed by tamil actress Tamilselvi alias Meera Mithun, charged for making obscene and objectionable remarks against the Chief Minister MK Stalin in a whatsapp group chat with the makers of her upcoming film "Peiya Kaanom".
The court further directed the police department to arrest the actress and conduct an enquiry into the matter.
The actress, charged under Sections 294(b), 153, 504, 505(i) (b) and 506(i) of the IPC read with Section 67 of the Information Technology Act, had moved the High Court seeking anticipatory bail. The case was registered on a complaint filed by producer Surulivel against whom also she had made derogatory remarks.
Case Title: Sri Ram Samaj v. The Commissioner and Others
Citation: 2022 LiveLaw (Mad) 182
The Madras High Court set aside the order of Hindu Religious and Charitable Endowment (HR&CE) Department for taking over the administration of Ayodhya Mandapam and for appointing a "Fit Person" to look into the administration of the Samaj.
The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy further set aside the order passed by the Single Judge dismissing the writ petition filed by the Ram Samaj citing alternative remedies.
The court directed the department to handover the administration of the Ayodhya Mandapam to the Samaj along with all the records. The court further gave liberty to the department to conduct a fresh enquiry and proceed in the manner afresh after following the due procedure of law.
Case Title: N. Karunanidhi v. The Union of India and Others
Citation: 2022 LiveLaw (Mad) 183
The Madras High Court bench of Justice V Parthiban has recently held that when a competent authority/government makes an appointment to an unsanctioned post and when the employee has been engaged in such public service project for long years, the Government cannot turn a blind eye to these employees and say that they have no right for regularisation.
The court also directed the State Government to formulate schemes for the regularisation of such employees.
50. Madras High Court Rejects Election Petition Challenging Udhayanidhi Stalin's Victory
Case Title: Udayanithi Stalin v. R Premalatha
Citation: 2022 LiveLaw (Mad) 184
Madras High Court on Thursday allowed a petition filed by Actor and Chepauk-Thiruvallikeni MLA Udayanidhi Stalin to reject an election petition filed by one R. Premalatha challenging his victory in the 2021 elections.
Justice V Bharatidasan while passing the orders observed that Udayanidhi Stalin had given details regarding the 22 criminal cases pending against him and that there was no material in the election petition to substantiate the allegations made against him.
The election peitioner had challenged the MLA's victory stating that he had not disclosed material information as per Form 26 of The Conduct of Election Rules, 1961. She further alleged that the MLA had colluded with the Presiding/section officer who was the MLA'S wife's teacher.
Case Title: Suresh Kumar Kankariya v. K Jigibai @Pushpammal
Citation: 2022 LiveLaw (Mad) 185
The Madras High Court bench of Justice Anand Venkatesh recently observed that when the court makes adverse findings against a party, it need not file a cross-appeal or a cross-objection to the same where the decree is entirely in favour of such party.
Such adverse findings can be challenged in the appeal filed by the other party and the Court is entitled to decide the same, it added.
The right for filing a cross objection against an adverse finding provided under the amended Order XLI Rule 22 CPC is mandatory only when the decree is partly in favour of or partly against the party, the Court further held.
Case Title: M/s.Color Home Developers Pvt. Ltd. v. M/s.Color Castle Owners Society
Citation: 2022 LiveLaw (Mad) 186
The High Court of Madras has held that the challenge proceedings under Section 34 of the A&C Act are summary in nature, therefore, the same shall be decided based on the record that was available with the arbitral tribunal and no additional document shall be permitted to be brought in at that stage unless absolutely warranted.
The Single Bench of Justice M. Sundar further held that the court would not allow any additional document under Section 34 petition if there was nothing that prevented the petitioner from furnishing the same document before the arbitrator.
Case Title: Indira Gandhi Centre for Atomic Research v. D Ganeshlan and Another
Citation: 2022 Livelaw (Mad) 187
The Madras High Court bench of Justice S. Vaidyanathan and Justice Mohammed Shaffiq ordered compulsory retirement of an employee of Indira Gandhi Centre for Atomic Research who had gained employment by submitting a fake SC community certificate.
The court also directed that the employee shall be eligible for only 40% of the pension benefits and not eligible for any other terminal benefits, such as gratuity, DCRG and the like, excluding the PF contribution, if any made by the employee.
The court also observed that though the employee was appointed only under the Open Category and further promotions were based on the merit, the initial appointment itself was void ab initio when it was based on a fake certificate produced by the employee concealing certain facts.
Case Title: Tvl.Asian Paints Limited Versus The Assistant Commissioner (ST)
Citation: 2022 LiveLaw (Mad) 188
The Madras High Court bench of Justice M. Dandapani has directed the GST department to release the detained goods on furnishing of the bank guarantee by Asian Paints.
The court permitted the petitioner to obtain and annex the bank guarantee within a period of one week along with the application/representation. If such a bank guarantee and application are made, the respondents are directed to release the detained goods to the petitioner within a period of one week.
55. Arbitral Award Not Hit By Adequacy Facet If Reasons Given Are Not Laconic: Madras High Court
Case Title: The Chief Engineer / Metropolitan Transport Project (Railways), Southern Railway and Anr. versus M/s. Progressive-Aliens
Citation: 2022 LiveLaw (Mad) 189
The Madras High Court has ruled that an arbitral award cannot be set aside on the ground of non-adequacy of reasons as long as the reasons given are not laconic.
The Single Bench of Justice M. Sundar ruled that being 'tersely eloquent' is not alien to judgment writing.
The Court noted that Section 31 (3) of the A&C Act mandates that an arbitral award shall state the reasons upon which it is based unless the parties have agreed that no reasons are to be given or when it is a compromise arbitral award pursuant to a settlement under Section 30 of the A&C Act.
Case Title: S. David Leo v. The Principal Secretary to the Government and Others
Citation: 2022 LiveLaw (Mad) 190
The Madras High Court has directed the Vigilance and Anti-Corruption Department to necessarily follow the procedures as contemplated in the Vigilance Manual in a constructive manner and for effective prevention of the menace of corruption.
The procedures contemplated in the Vigilance Manual are unambiguous and the constructive way of its implementation is of paramount important. Thus, the seventh respondent (DVAC) has to consider the implementation of the Vigilance Manual in its real spirit," Justice S.M Subramaniam observed.
The remarks were made while taking into account allegations pertaining to corruption in transfer and posting of teachers.
Case Title: A. Periyakaruppan v. The Principle Secretary to Government and Another
Citation: 2022 LiveLaw (Mad) 191
The Madras High Court recently invoked the "parens patriae jurisdiction" and declared "Mother Nature" as a "Living Being" having a legal entity/ legal person / juristic person / juridical person / moral person / artificial person having the status of a legal person, with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve them.
The Madurai bench of Justice S. Srimathy also observed that nature shall have fundamental rights/ legal rights and constitutional rights for its survival, safety and sustenance, and resurgence in order to maintain its status and also to promote its health and wellbeing. The court also directed the State Government and the Central Government to take appropriate steps to protect the mother earth in all possible ways.
Other Developments
1. Madras High Court Stays Single Judge's Order For Closure Of TASMAC Bars
Case Title: The Managing Director and Anr v. S. Jaggannathan
Case No: W.A 883 of 2022 and C.MP No. 5926 of 2022
The Madras High Court bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy has recently ordered an interim stay on the order passed by Single Judge for closure of 'bars' attached to the TASMAC (Tamil Nadu State Marketing Corporation) Shops.
The appellants submitted that the Single Judge had issued directions to discontinue the bar attached to the TASMAC shops without hearing those who have been granted licence/permission to collect empty bottles and sell eatables in the Bar attached to TASMAC shop and they were not made parties to the litigation.
It was also contented that closing of these bars would bring great loss to the state. He further highlighted that the main purpose of introducing such bars was to ensure that people did not consume illegal alcohol and closing them would result in people consuming alcohol in the public causing more nuisance to others.
2. Madras High Court Issues Notice On Composer Ilaiyaraaja's Plea Over Copyright Infringement
Case Title: Illaiyaraja v. M/s Indian Record Manufacturing Co Ltd and Ors
Case No: OSA 75 of 2022 and CMP 5719 of 2022
The Madras High Court bench of Justices M. Duraiswamy and T.V Tamilselvi ordered notice to the respondents on a petition filed by Ilaiyaraaja challenging a single judge order, granting injunction in favour of India Records Manufacturing Company against him and others over select music from 30 South Indian films.
Ilaiyaraaja contented that the order passed by the single judge was without appreciation of proper facts, without material evidence and without impleading necessary parties i.e., the producers of films.
Ilaiyaraaja further contented that the single judge has failed to appreciate true purport and intent of Proviso (b) of Sec. 17 of the Copyright Act, 1957, which recognize that if a cinematograph film is made for a valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein, this proviso is not limited to a producer of a cinematograph film and is wider in its scope and any person who makes a cinematograph film for a valuable consideration.
In case of musical work, as per clause 14 (a) (i), copyright is the exclusive right "to reproduce the work in any material form including the storing of it in any medium by storing in in electronic means." This gives a clear meaning that only the author who originally produced the musical work can grant right to reproduce it.
3. Madras High Court Directs Sensitization Of School Teachers On LGBTQIA+ Students Issues
Case Title: S Sushma and Anr v. Director General of Police and Ors
Case No: WP 7284 of 2021
The Madras High Court bench of Justice Anand Venkatesh directed the State Government to organize a program spanning from 6-8 weeks inviting one teacher from every school for sensitization on dealing with issues relating to children belonging to the LQBTQIA+ community.
The court stated that these teachers can be addressed by NGOs working for the welfare of the community, members of the community, and even medical professionals who have proper understanding of the issue.
These sensitised teachers can then be assigned the task of the counsellor to whom the concerned student can talk freely. They can thus be a centre point to speak to the child, parents and other students who are studying with the child.
The court highlighted the untold trauma and physical abuse faced by students belonging to the LGBTQIA+ community in that they do not have any mechanism to discuss their issues and make complaints. The court also stated that there are many unreported cases where persons belonging to the community commit suicide since they lose all hope in the society and they don't find any light at the end of the tunnel.
Case Title: Dr Bharat Kannan and others versus State of Tamil Nadu and others
The Madras High Court has issued notice in a petition filed by five doctors seeking cancellation of the State Mop-Up Round Counselling held by the State of Tamil Nadu for NEET-PG admissions, on the basis of the Supreme Court's order cancelling the Mop Up rounds for All India Quota(AIQ).
A single bench of Justice Anita Sumanth issued notice to the State and posted the matter next on April 20.
5. Retired Headmaster Moves Madras High Court Seeking Medical Admission Under 7.5% Reservation Quota
Case Title: S.Munusamy v.The Secretary And Others.
Case No: WP No. 8964 of 2022
A retired Headmaster, S Munusamy has recently moved the Madras High Court seeking admission to the medical course under the benefit of 7.5% reservation quota for the government school students under the Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to students of Government Schools Act, 2020.
According to the bench of Justice Dr. Anita Sumanth, the petitioner has without a doubt cleared the second limb by scoring 348 marks in the NEET qualifying exam. The difficulty was in declaring that the petitioner did his schooling from sixth standard to higher secondary. The difficulty arises in so far as there is no equivalent of Higher Secondary course in the era when the petitioner did his schooling and what was available then was only an SSLC of one year.
The court thus directed the authorities to examine the feasibility of allotting a seat in the government college and to take necessary steps by the next date of hearing.
Case Title: Dr. G. Selvarajan v. Dr. M.S Santhosh and Ors
Case No: W.A No. 1093 of 2022
The Madras High Court on Monday sought a response from the parties as to why a CBI enquiry should not be ordered in a series of scam relating to admissions to the medical courses in state.
The court was hearing an appeal filed by Dr G. Selvarajan, former secretary of the Selection Committee, Directorate of Medical Education, seeking a stay of a single bench order whereby the court had found Selvarajan along with others guilty of not conducting the mop-up counselling for the management seats. The court had also found that Selvarajan and the other respondents in the writ petition were giving the seats to non-meritorious students to the exclusion of meritorious students. Thus, the court had ordered an enquiry against Dr Selvarajan and others and had issued directions to stop pension and other benefits payable to the individuals, subject to the outcome of the investigation.
When the matter came up before the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy, the court sought response from the state government as to what action had been taken pursuant to the order of the single bench. The court also sought a response as to whether an FIR was registered and whether the Chief Secretary had taken actions to initiate enquiry against the appellant.
Case Title: The Principal, Loyola College v. The State of Tamil Nadu and Ors.
Case No: W.P 9443 of 2022
The Madras High Court on Monday stayed the demand made by the University of Madras for payment of annual provisional affiliation fee in respect of each aided and un-aided courses offered by 5 Autonomous Colleges in Chennai namely, Loyola College, Madras Christian College, Women's Christian College, New College and Stella Maris College.
The bench of Justice Anita Sumanth stayed the demand, agreeing with the arguments of the petitioner colleges that the University had been making the demand without resolution of the University Senate and without the Governor-Chancellor's assent.
8. Scam In Filing Motor Accident Claims: Madras High Court Orders Inquiry Against Advocates Involved
Case Title: M/s. Cholamandalam MS General Insurance Co. Ltd and another v. The Director General of Police and others
Case No: Crl. O.P No. 2302 of 2021 and Crl O.P 4174 of 2021
The Madras High Court bench of Justice Anand Venkatesh has recently directed the Bar Council of Tamil Nadu and Puducherry to initiate inquiry against four advocates – Manohar Reddy, Bharathi, K. Selvi and M. Sankar for their alleged involvement in a large scale scam involving filing of vexatious motor accident claim petitions before the courts in the State.
The court directed the Special Investigation Team, Coimbatore, West Zone to give a formal complaint based on the orders passed in the petition before the concerned jurisdictional police stations within a period of two weeks from the date of the order. The court also directed that after the FIR is registered by the Concerned jurisdictional police station, the investigation shall be transferred to the file of the Special Investigation Team, West Zone and the investigation shall be conducted by the Deputy Superintendent of Police, CCIW, CID Coimbatore Sub Division. This officer shall be conferred with all the powers of investigation including arrest, remand, seizure etc.,
The court was of the view that mere filing of the claim with the fake and fabricated documents is an offence which requires enquiry and action to be initiated against the concerned persons.
9. Madras High Court Seeks State's Response On Implementation Of National Education Policy 2020
Case Title: Arjunan Elayaraja v. The Secretary & Ors.
Case No: WP/818/2022 (PIL)
The Madras High Court has directed the State Government to file its counter affidavit in a PIL filed by one Arjunan Elayaraja, seeking to implement the National Education Policy, 2020 in the State of Tamil Nadu.
When the matter came up before the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy, the court took on record the counter affidavit filed by the Secretary to the Union Ministry of Education. Further, it granted four weeks' time to the state government to file its counter.
Case Title: Prof. Edamana Prasad and Anr v. State rep. By Inspector of Police
Case No: Crl OP 7776 of 2022
The Madras High Court on Wednesday granted Anticipatory Bail to two professors of the Indian Institute of Technology, Madras (IIT-M) in connection with a case for sexually harassing a PhD candidate of the University.
While granting bail, Justice G Jayachandran observed that there was no reasons to deny bail to the professors as no allegation was directly made against them. The only allegation against the professors was that they had failed to take any action against the prime accused.
The court directed the professors not to leave the state without the prior approval of the police. It was also directed that the professors were not to leave the country without the approval of the trial court. Considering that the professors were respected academicians who may have to travel outside the country for research purposes or seminars etc, the court also directed that in such situations, the trial court may grant permission to leave the country.
Case Title: Prof. I Elangovan v. The Chancellor, Thiruvalluvar University and Others
Case No: W.P No. 9721 of 2022
The Madras High Court on Friday issued notice to the Chancellor and Registrar of Thiruvalluvar University and the Principal Secretary to Government, Department of Higher Education on a plea seeking to establish the "Department of Dr. B.R. Ambedkar Studies" in the Thiruvalluvar University.
The first bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy was hearing the petition filed by Prof. I Elangovan, retired professor and member of Syndicate of the Thiruvalluvar University. In his petition, Mr. Elangovan sought directions to the Chancellor and Registrar of Thiruvalluvar University and the Principal Secretary to start the said department within a time frame fixed by the court.
The Chief Minister of Tamil Nadu Mr. M K Stalin on Saturday urged the Chief Justice of India Justice NV Ramana to consider allowing Tamil, the official language of the state of Tamil Nadu to be used in the High Court of Madras.
Mr Stalin was speaking at a function organised for laying the foundation stone for the 9- storey administrative block of the High Court.
Highlighting that the litigants have to travel all the way to Delhi for seeking justice, the CM also pushed for setting up of a bench of Supreme court at Chennai.
He also suggested bringing in social Justice in the appointment of judges to the High Court and the Supreme Court. He suggested that there was a need to bring in the Principle of Inclusiveness in the appointment of judges to the higher judiciary.
Justice V Ramasubramanian, Judge Supreme Court of India, on Saturday spoke at an event organised at the Madras High Court to lay the foundation stone for Administrative Block of Madras High Court and inaugurate Court buildings located in Namakkal and Villupuram Districts.
In his address, Justice Ramasburamanian lauded the Madras High Court, his parent High Court, for its high case clearance rate.
Referring to the case clearance rate in the State, Justice Ramasubramanian said that the Tamil Nadu judiciary ranks amongst top performers of Indian Judiciary.
14. Madras High Court Directs TASMAC To Implement Buy-Back Scheme To Clear Waste Bottles In Nilgiris
Case Title: Solaimalai Sivasolaimalai v. Chairman and others
Case No: W.P(MD) 7606 of 2017
The Madras High Court directed the TASMAC Managing Director to implement the buy-back proposal in the Nilgiris region. The bench of Justice V Bharatidasan and Justice N Sathish Kumar was considering a batch of pleas for protection of the Western Ghats area.
The court further stated that it plans to implement this proposal in all the hills stations of the state including Elagiri, Meghamala, Yercaud, Kodaikanal, Topslip, and the wildlife sanctuaries and national parks of the state of Tamil Nadu. The project will be implemented from June 15. The pilot project will be implemented in the Nilgiri area from May 15.
As per the buyback scheme, for every sale of bottles in the Nilgiri District, an extra amount of Rs. 10/- shall be collected from the consumer over and above the Maximum Retail Price. This extra amount of Rs. 10/- so collected shall be refunded to the consumer on the production of an empty liquor bottle.
15. Elephant Poaching In Western Ghats: Madras High Court Constitutes Special Investigation Team
Case Title: S. Manoj Immanuel v. Union of India and Ors.
Case No: WP (MD) 19771 of 2018
The Madras High Court directed constitution of Special Investigation Team (SIT) comprising of Central Bureau of Investigation (CBI), state police and Forest Department officials to probe into cases relating to elephant poaching and other forest crime reported in the western ghats area.
The court further directed the SIT to commence investigation by May 15 and to submit a status report to the court by June 10. The SIT will probe 19 cases that mostly occurred between 2013 and 2018.
Justice V Bharatidasan and Justice N Sathish Kumar further gave liberty to the SIT to engage further police officers and forest officers, if needed, after obtaining necessary permission from the authorities and to conduct a detailed enquiry into the matter. The SIT was given power to investigate under the Code of Criminal Procedure and the Wildlife Protection Act 1972.
Case Title: A. Sankar v. V. Kumar and others
Case No: Cont. Petition 818 of 2022
Justice N. Anand Venkatesh of the Madras High Court came down heavily on the police officials for having sent a summons to the Counsel representing a party under Section 91 and 160 of the CrPC.
The court stated that the order was made without application of mind and such issuance of summons impinges upon the stature of an Advocate. The court further observed that the act of the respondent in sending summons to the petitioner was also not proper as it has been time and again held that a Summon can be issued only in the course of investigation after an FIR is registered under Section 154 of Cr.P.C.
