Madras High Court Weekly Round-Up: March 7 To March 13, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.Citations: 2022 LiveLaw (Mad) 88 To 2022 LiveLaw (Mad) 98NOMINAL INDEXD.Balasubramanian v. The Commissioner, HR & CE Department & Ors and Prabhu Nambiappan v. Revenue Divisional Officer, Lalgudi Taluk & Ors., 2022 LiveLaw (Mad) 88Immaculate College Of Education For Women v. Pondicherry University & Anr. and Connected Matters, 2022 LiveLaw (Mad) 89M/s Oil and Natural Gas Corporation Ltd., rep.by its Deputy General Manager v. Rajeswari & Ors and Connected Cases, 2022 LiveLaw (Mad) 90P. Pugalenthi, Director, Prisoners Rights Forum v. The State of Tamil Nadu & Ors., 2022 LiveLaw (Mad) 91Ashraf & Ors. v. State Represented by Inspector of Police 2022 LiveLaw (Mad) 92T. Akshaya & Ors v. State of Tamil Nadu & Ors., 2022 LiveLaw (Mad) 93S. Meena & Anr. v. Sivakumar & Ors., 2022 LiveLaw (Mad) 94Pueblo Holdings Limited v. Emirates Trading Agency LLC & Ors., 2022 LiveLaw (Mad) 95N. Rahul Kumar v. Central Bureau of Investigation & Ors., 2022 LiveLaw (Mad) 96Air India Corporation Employees Union v. Union of India & Ors. & Connected Matte, 2022 LiveLaw (Mad) 97M/s. V.R.S. Traders Versus Assistant Commissioner (State Taxes), 2022 LiveLaw (Mad) 981. 'Propensity To Stoke Communal Disharmony': Madras High Court Disallows Lalgudi Temple Car Festival To Pass Through StreetsCase Title: D.Balasubramanian v. The Commissioner, HR & CE Department & Ors and Prabhu Nambiappan v. Revenue Divisional Officer, Lalgudi Taluk & Ors.Citation: 2022 LiveLaw (Mad) 88Madras High Court has observed that the temple car procession/ festival in Achiramavalli Amman Kovil at Jangamarajapuram cannot be allowed this year since it has the potential to stoke communal tension like in 2021.The court was hearing two separate writ petitions filed in 2021 and 2022 about the conduct of the Temple/ Car Festival in the Trichy District .In the common order, the single-judge bench of Justice C. Saravanan added that the reports submitted by the Tahsildar and Deputy Inspector of Police indicated that the temple/car festival was not conducted in a peaceful manner in 2021, which saw partial boycott and pelting of stones, injuring public and police.2. Pondicherry University Empowered To Collect University Development Fund Paid By Students: Madras High CourtCase Title: Immaculate College Of Education For Women v. Pondicherry University & Anr. and Connected MattersCitation: 2022 LiveLaw (Mad) 89Madras High Court has dismissed a batch of writ appeals filed against the single judge bench order dated 05.01.2022 in favour of Pondicheryy University collecting University Development Fund paid by students from the Individual colleges.The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy observed that the University can demand 'other charges' in addition to the fees stipulated in Section 27(e) Pondicherry University Act,1985. Therefore, the court dismissed the appeal by saying that the demand notices issued to colleges for University Development Fund are not beyond the University's competency since it is covered by Section 5(20) of the Act."The appellant counsel referred to Section 27 of the Act by taking note of the subject matters mentioned therein with regards to ordinances and not the powers of the University under Section 5 of the Act", the court pointed out. The single bench judgment in 2020 had dismissed the plea by the appellant colleges filed in 2010 which challenged the imposition of Rs 1000/- as University Development Fund.3. 'Interest To Solatium A Must': Madras High Court Modifies Award Of Additional Compensation For Land Acquired By ONGCCase Title: M/s Oil and Natural Gas Corporation Ltd., rep.by its Deputy General Manager v. Rajeswari & Ors and Connected CasesCitation: 2022 LiveLaw (Mad) 90While upholding the additional compensation per Are granted by a Reference Court under the Land Acquisition Act, 1894 (hereinafter 'Act') , Madras High Court has held that interest for Solatium is a mandatory component as per Section 28 of the Act.The single Bench of Dr Justice G. Jayachandran was hearing a batch of appeal suits preferred by Oil and Natural Gas Corporation Limited (ONGC) under Section 54 of the Act.With respect to the interest that must be paid on Solatium, the court observed that there was an omission from the Reference Court since Section 28 of the Act [Collector may be directed to pay interest on excess compensation] and Supreme Court Judgments mandate such interest even if the landowners have not preferred any cross objection or appeal for the interest portion on the solatium."...their right to seek interest to solatium in the appeal filed by the third party/Requisition Authority has to be entertained. The cardinal principle in land acquisition is, when a person is deprived of his Constitutional Right to hold property, he must be paid just and fair compensation. Therefore, when the statute prescribes interest to compensation at a...

Madras High Court Weekly Round-Up: March 7 To March 13, 2022

Sebin James

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