Madras High Court Weekly Roundup: April 11 to April 17 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 147 To 2022 LiveLaw (Mad) 162 NOMINAL INDEX 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 1.Removal From Service For Alleged Past Misconduct Is Unsustainable: Madras HC Orders Reinstatement Of Campus Director Of Indian Maritime University 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. 2. 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) 148The 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. 3. 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 ...

Madras High Court Weekly Roundup: April 11 to April 17 2022

Upasana Sajeev

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