Madras High Court Weekly Round-Up: January 31, 2022 To February 6, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. 'Investigation Not On Right Lines, Conversion Attempt Not Improbable' : Madras High Court Orders CBI Probe Into Thanjavur Girl's Suicide [Read Judgment]Case Title: Muruganantham v. The Director-General of Police & Ors.Citation: 2022 LiveLaw (Mad) 38Harshly criticising the investigation by the Tamil Nadu police into the suicide of Thanjavur girl student for ruling out the angle of alleged attempts of religious conversion to Christianity from her school, the Madras High Court on Monday ordered a probe by the Central Bureau of Investigation into the matter."...there is nothing inherently improbable in the allegation that there was an attempt at conversion. It could be true or false. The matter called for an investigation and not outright rejection", Justice GR Swaminathan observed while allowing the petition filed by the father of the deceased girl.2. 'Policy Decision': Madras High Court Dismisses Plea For Distributing Pongal Gift Hampers To Sri Lankan Refugees Outside CampsCase Title: Dr Ramu Manivannan v. The Chief Secretary & Others (PIL)Citation: 2022 LiveLaw (Mad) 39The Madras High Court has dismissed a plea filed by Retd. Professor Ramu Manivannan seeking directions to the government of Tamil Nadu to extend the Pongal gift hampers to the Sri Lankan Tamil refugees residing outside the rehabilitation camps.The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that those staying outside the camps without ration cards won't be entitled to the benefits sought and there is no illegality in the policy decision of the government.3. Supreme Court Collegium Proposes Elevation Of Justice MN Bhandari As Madras High Court Chief JusticeThe Supreme Court Collegium in its meeting held on December 14, 2021 and January 29, 2022 has recommended the elevation of Mr. Justice Munishwar Nath Bhandari, Judge, Madras High Court [Paremt High Court: Rajasthan] as Chief Justice of Madras High Court.It was in November 2021 that Justice Bhandari was transferred from Allahabad High Court to Madras High Court. On November 22, 2021, he was sworn in as the Acting Chief Justice of the Madras High Court, following the transfer of previous Chief Justice Sanjib Banerjee to Meghalaya High Court.4. Extramarital Affair May Amount To 'Mental Cruelty' U/s 498(A) IPC Depending On Facts & Circumstances Of Case: Madras High CourtCase Title: Nakkeeran @ JeroanPandy v. State & Anr.Citation: 2022 LiveLaw (Mad) 40In a pertinent judgment, Madras High Court has observed that extramarital affairs can cause grave mental trauma and mental health issues leading to serious consequences in the matrimony, and that in turn, would amount to mental cruelty under Section 498(A) IPC.Justice D. Bharatha Chakravarty however added that when deciding whether a conduct amounted to cruelty, the Court has to look at the facts and circumstances of the case.The observation was made while confirming the conviction of a husband accused of engaging in an extramarital relationship with another woman while the marriage with the respondent-wife was still valid.In its order, the Bench noted that the evidence on record proves the existence of an extramarital relationship that has gone to the roots of the marriage and severely affected the mental health of the wife. This ultimately resulted in the wife leaving the matrimonial home.5. 'PIL Filed For Publicity Without Proper Research': Madras High Court Bars Litigant From Filing PILs For 2 Yrs, Imposes CostCase Title: K.K Ramesh v. Union Of India & Ors.Citation: 2022 LiveLaw (Mad) 41In an appeal filed by Actor Vijay to remove the scathing remarks made by the single judge bench while dismissing his petition for tax exemption on a Rolls Royce Ghost Motor Car, Madras High Court has expunged the observations made by single judge bench in paras 3,4,7,8, 11 and 12 of the original order.A Division Bench of Justices Pushpa Sathyanarayana and Mohammed Shaffiq allowed the writ appeal filed by Actor Vijay and disposed off the connected miscellaneous petition with no costs.The actor was challenging the order passed by a single bench of Justice SM Subramaniam on July 13, dismissing a writ petition filed by Vijay in 2012. In the judgment, the single bench had made observations to the effect that one becomes a 'real hero' by promptly paying tax. The single bench had also taken a dig at the actor by saying that while his reel life characters were preaching tax compliance, in real life he was seeking exemption.6. 'No Right Of Permanent Usage': Madras High Court Rejects Koyambedu Tomato Traders' Plea For Allocation Of Specific Parking GroundCase Title: Thanthai Periyar Tomato Traders Association v. Member Secretary & Ors.Citation: 2022 LiveLaw (Mad) 42The Madras High Court has dismissed a plea filed by Thanthai Periyar Tomato Traders Association seeking exclusive allocation of a specific area for loading/ unloading...

Madras High Court Weekly Round-Up: January 31, 2022 To February 6, 2022

Sebin James

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