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Madras High Court Weekly Round-Up: January 17, 2022 To January 23, 2022
Sebin James
23 Jan 2022 11:40 AM GMT
A weekly round-up of important cases from Madras High Court and its subordinate courts.1. Can't Sit As An Appellate Authority To Scrutinize Who Should Be Given Tender': Madras High Court Upholds Auction For Lease Of Fishing RightsCase Title: P.Subbiah @ Subbian v. The District Collector, Theni & Ors.Citation: 2022 LiveLaw (Mad) 20The Madurai Bench of Madras High Court has recently refused...
A weekly round-up of important cases from Madras High Court and its subordinate courts.
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.
6. '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.
7. 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.
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.
9. Madras High Court Refuses To Restrain SEC From Notifying Urban Local Body Polls Amid Covid-19
Case Title: Dr.M.Nakkeeran v. The State Election Commissioner & Ors.
The Madras High Court has adjourned a plea filed by a doctor, M. Nakkeeran, for postponing the urban local body polls in light of the worsening pandemic situation. Meanwhile, it has refused to grant any relief in the form of an interim stay on notifying/ conducting urban local body polls.
The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu has deferred hearing till Monday, i.e., 24th January.On Monday, the court will hear the plea of Nakkeeran along with other petitioners who have approached the court with the same grievances. Counsels have been permitted to appear physically, given technical problems faced by them in the virtual mode.
10. 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.
