Madras High Court Weekly Round-Up: August 21 to August 27, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 233 To 2023 LiveLaw (Mad) 244 NOMINAL INDEX Abdul Rahman v The Passport Officer, 2023 LiveLaw (Mad) 233 Er.A.Kanagasabapathy vs. Government of Tamil Nadu and others, 2023 LiveLaw (Mad) 234 B. Saravanan vs. The Deputy Inspector General of Police, Tirunelveli Region, Tirunelveli and others, 2023 LiveLaw (Mad) 235 Ramki vs. State [Crl.A.No.72 of 2022], 2023 LiveLaw (Mad) 236 Gnanasekaran Thiyagaraj v State, 2023 LiveLaw (Mad) 237 S Jarin Singh v Union Of India, 2023 LiveLaw (Mad) 238 Athipathi v. The Principal Secretary and others, 2023 LiveLaw (Mad) 239 The President v The District Collector, 2023 LiveLaw (Mad) 240 Vellingiri Hill Tribal Protection Society v Union of India and Others, 2023 LiveLaw (Mad) 241 PhonePe Private Limited v Digipe Fintech Private Limited, 2023 LiveLaw (Mad) 242 ML Ravi v Chairman and others, 2023 LiveLaw (Mad) 243 O Paneerselvam v All India Anna Dravida Munnetra Kazhagam and others, 2023 LiveLaw (Mad) 244 REPORT When Birth Certificate Is Produced, Passport Entry Must Conform To It: Madras High Court Case Title: Abdul Rahman v The Passport Officer Citation: 2023 LiveLaw (Mad) 233 The Madras High Court has observed that though a passport is a solemn document, errors may happen and that when the birth certificate has been produced, the passport entry must conform to the birth certificate. Justice GR Swaminathan of the Madurai bench observed as under: “It is true that the passport is a solemn document and the applicant must offer correct particulars at the time of application. But some times, errors do happen. The petitioner has enclosed his certificate of birth issued by the competent authority and it is seen therefrom that the petitioner was born on 18.09.1960. When the birth certificate has been produced, the passport entry must conform to the brith certificate.” 'Apprehension Of Threat Unfounded': Madras HC Junks PIL To Regulate Kerala Politicians' Entry Near Mullaperiyar Dam For Its Safety Case title - Er.A.Kanagasabapathy vs. Government of Tamil Nadu and others Case Citation: 2023 LiveLaw (Mad) 234 The Madras High Court last week dismissed a PIL plea to regulate the entry of Kerala Politicians near the Mullaperiyar Dam (in Kerala's Idukki) and to assure the safety of the Dam. "Apprehensions of threat to dam are unfounded": a bench comprising Justice SS Sundar and Justice D Bharatha Chakravarthy said as it noted that the safety of the dam has been ensured by the Supreme Court of India. 'Refusing Paternity Leave To Father Violates Child's Right To Life U/Article 21': Madras HC, Says India Needs A Law On This Subject Case title - B. Saravanan vs. The Deputy Inspector General of Police, Tirunelveli Region, Tirunelveli and others Case Citation: 2023 LiveLaw (Mad) 235 Granting relief to a State Police officer against whom a 'desertion' order was passed by his department on account of his absence from service (as he had to take care of his wife who was expecting a child), the Madras High Court has emphasised the need for paternity leave legislation in India. Highlighting the importance of the role of both, a father and a mother during the prenatal care and post-natal care days of a child, the Court observed that because of the challenges of nuclear families, it is high time for the policymakers to "recognise the right to paternity leave/parental leave" to the biological/adoptive parents as the basic human right of the respective prenatal/post natal child. A bench comprising Justice L. Victoria Gowri observed thus while holding that the right to protection of life guaranteed to every child by Articles 21 and 15(3) of the Constitution of India "culminates" in the fundamental human right of the biological parents/adopting parents seeking maternity/paternity/parental leave. 'Need To Hang Heads In Shame Over Such Crimes When Our President Is A Woman': Madras HC Upholds Conviction In Girl Child Sexual Assault Case Case title - Ramki vs. State [Crl.A.No.72 of 2022] Case Citation: 2023 LiveLaw (Mad) 236 Upholding the conviction of a man who sexually assaulted a 4.5-year-old girl, the Madras High Court recently said that "in an era when our President is a woman, we need to hang our heads in shame for such crimes being perpetrated on a daily basis". "Every girl child is considered as a reincarnation of Goddess and unless this evil of sexual assault is eradicated with strict laws and effective implementation, our society could never grow into a safe and secure society," the bench of Justice R. Hemalatha observed. In its order, the bench also noted that in a developing country, which is riddled with taboos and biases, when women are emerging out of the shell of ignorance and illiteracy, such incidents only make us feel that ...

Madras High Court Weekly Round-Up: August 21 to August 27, 2023

Upasana Sajeev

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