Madras High Court Weekly Round-Up: January 17, 2022 To January 23, 2022

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 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.2. Fake Arbitration In 'Film Shooting Set' Court Room, Madras High Court Cancels Award Directing Execution Of Sale Deed In Respect Of Stranger's PropertyCase Title: K. J Sumathy,W/o.Late K.S.Jagannathan & Ors v. The District Registrar, Dharmapuri Registration District & Ors.Citation: 2022 LiveLaw (Mad) 21Madras 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.3. Restriction On Fishing Under Rule 17(7) Of TN Marine Fishing Regulation Rules Not Illegal Or Discriminatory: Madras High CourtCase Title: Poompuhar Traditional Fishermen v. The State Of Tamil Nadu & Others.Citation: 2022 LiveLaw (Mad) 22A 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.4. Admission To Medical PG Courses: Madras High Court Upholds Prospectus Clause Enabling In-Service Candidates To Compete In Open CategoryCase Title: Dr.Parkaviyan R. v. The State of Tamil Nadu & Ors.Citation: 2022 LiveLaw (Mad) 23The 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...

Madras High Court Weekly Round-Up: January 17, 2022 To January 23, 2022

Sebin James

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