Madras High Court Weekly Round-Up: February 14, 2022 To February 20, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.Citations: 2022 LiveLaw (Mad) 63 To 2022 LiveLaw (Mad) 70NOMINAL INDEXS. Muruganandam v. J. Jospeh & Other Connected Matters, 2022 LiveLaw (Mad) 63, P. Dhanaseelan v. Union of India & Ors., 2022 LiveLaw (Mad) 64Gnanaloussany Valmy v. The Registrar of Marriages, 2022 LiveLaw (Mad) 65P. Arumugam v. Tamil Nadu State Election Commissioner & Ors., 2022 LiveLaw (Mad) 66Syed Ibrahim v. Tamil Nadu State Election Commissioners & Ors., 2022 LiveLaw (Mad) 67Mrs S. Sushma & Ors. v. The Director-General of Police & Ors., 2022 LiveLaw (Mad) 68M/s.Ramaniyam Real Estates Private Ltd v. M/s.Spencer's Retail Private Ltd., 2022 LiveLaw (Mad) 69B.Balamurugan v. The Chairman & Ors., 2022 LiveLaw (Mad) 701. TP Act Enables Oral Lease; Requirement Of Registered Agreement Under 2017 TN Act Not Of Universal Application: Madras High CourtCase Title: S. Muruganandam v. J. Jospeh & Other Connected MattersCitation: 2022 LiveLaw (Mad) 63Answering a set of questions pertaining to the diverging scenarios that might occur in the eviction of tenants under Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, Madras High Court has held that legal recourse on oral tenancies after the commencement of the Act can be availed only through civil courts and not the rent courts under the new act.Justice R. Subramanian observed that the civil revision petitions that have come up before him, since the rent courts rejected all of them by citing the issue of maintainability, can be broadly classified into six types. The rent courts deemed all of these petitions as not maintainable by observing that there is no registered written agreement of tenancy in all six cases.The court observed that the requirement of a registered instrument of lease in order to enable creation of a landlord-tenant relationship as given in Section 4(2) of the New Act 'cannot be said to be universal in its application'."...Therefore, a suit or proceeding which falls outside the provisions of the New Act are not barred. The scope of a bar created under a special enactment was considered by a Full Bench of this Court in Periyathambi Goundan v. The District Revenue Officer,Coimbatore and others, reported in 1980 (2) MLJ 89, wherein the Full Bench had held that the scope of the bar are interdict imposed by a provision of law must be strictly construed and the Court must ascertain the extent of the interdict imposed by the provision of the statute and limit the interdict to that extent alone."2. 'All Is Not Well As Regards The Procedure Followed By NIT': Madras HC Sets Aside Appointment Of Asst Professor In Dept Of ArchitectureCase Title: P. Dhanaseelan v. Union of India & Ors.Citation: 2022 LiveLaw (Mad) 64Pointing towards the opacity with regards to the selection process followed by the National Institute of Technology (Tiruchirapalli) for appointment to the post of Assistant Professor in the Department of Architecture, the Madras High Court has directed the institute to issue a fresh call for filling the vacancies.It has also set aside the appointment of one S. Amalan Sigmund Kaushik to the said post.The bench of Dr Justice Anita Sumanth observed,'all is not well as regards the method, methodology as well as procedure followed by NIT, in effecting appointments, at least with regard to the Department of Architecture'.3. Pondicherry Courts Can't Pass Orders On French Civil Code Or Otherwise Without Verifying Original Civil Court Records: Madras High CourtCase Title: Gnanaloussany Valmy v. The Registrar of MarriagesCitation: 2022 LiveLaw (Mad) 65Criticising an additional sub court in Pondicherry for issuing directions on making alterations in the marriage register without verifying the original documents, Madras High Court observed that courts cannot pass orders without proper enquiry and by solely relying upon the copies of the documents presented by the litigants.The single-judge bench of Justice S.M Subramaniam was hearing the plea made by a french citizen to correct her name as well as her parents' names in the marriage register. She submitted that she wasn't conversant in English and noticed the error only when an application was made for her daughter's citizenship.4.'Election Candidates Not To Affix Posters On Public/ Private Property Without Permission: Madras High CourtCase Title: P. Arumugam v. Tamil Nadu State Election Commissioner & Ors.Citation: 2022 LiveLaw (Mad) 66Madras High Court has given a strict mandate not to affix posters of election candidates on the walls of public and private property without proper permission with regards to the upcoming Tamil Nadu Urban Local Body Polls.The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy has also warned the candidates who violate the provisions of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 of legal action including prosecution.The bench has also...

Madras High Court Weekly Round-Up: February 14, 2022 To February 20, 2022

Sebin James

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