Madras High Court Weekly Round-Up: December 11 to December 17, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 389 To 2023 LiveLaw (Mad) 395 NOMINAL INDEX C Mani v Principal Secretary to Government of Tamil Nadu, 2023 LiveLaw (Mad) 389 Sri Subramaniyaswami, Thirukovil Sundhanthirai Paribalana Sthalatharkal Sabha v. The Commissioner, HR&CE, 2023 LiveLaw (Mad) 390 Asif Musthaheen v State, 2023 LiveLaw (Mad) 391 Mahendra Singh Dhoni v. G Sampath Kumar, 2023 LiveLaw (Mad) 392 R Sumathi v Secretary to Government, 2023 LiveLaw (Mad) 393 J Vivek v Principal Secretary and Others, 2023 LiveLaw (Mad) 394 Kerala State Road Transport Corporation (KSRTC) v Karnataka State Road Transport Corporation, 2023 LiveLaw (Mad) 395 REPORT Medical Reimbursement Cannot Be Rejected Merely Because Treatment Was In A Non-Network Hospital: Madras High Court Case Title: C Mani v Principal Secretary to Government of Tamil Nadu Citation: 2023 LiveLaw (Mad) 389 The Madras High Court recently reiterated that a medical claim could not be rejected merely on the ground that treatment was undertaken in a non-networking hospital. Justice SM Subramaniam and Justice V Lakshminarayanan noted that when there was no dispute with respect to treatment and the treatment was found to be genuine, there was no reason to reject the medical claim. Temple's Abodes Of Deities, Not Training Centres: Madras HC Restrains State From Conducting 'Knowledge Training' Under Temples' Chief Priests Case Title: Sri Subramaniyaswami, Thirukovil Sundhanthirai Paribalana Sthalatharkal Sabha v. The Commissioner, HR&CE Citation: 2023 LiveLaw (Mad) 390 The Madras High Court has restrained the state government from conducting practical training under a Chief Priest for candidates who have completed courses from Archakar Training Schools run by temples under the control of the Hindu Religious and Charitable Endowment Department. During the course of the proceedings, Justice S Srimathy of the Madurai bench remarked that temples are abodes of deities where devotees come to offer worship and should not be treated as training centers or laboratories. Whether Killing Of Hindu Religious Leaders Would Itself Constitute A Terrorist Act Is Debatable: Madras High Court Case Title: Asif Musthaheen v State, Criminal Appeal No.542 of 2023 Citation: 2023 LiveLaw (Mad) 391 While dealing with a bail plea of a man arrested under the Unlawful Activities Prevention Act, the Madras High Court noted that the question of whether killing a Hindu religious leader would itself constitute a terrorist act was debatable. The bench of Justice SS Sundar and Justice Sunder Mohan noted that as per Section 15 of the UAPA, the act must have been done with an intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with an intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country. In the present case, the court noted that there was no evidence to conclude that there was a conspiracy to commit a terrorist act. Madras High Court Sentences IPS Officer Sampath Kumar To 15 Days Imprisonment In Contempt Plea By MS Dhoni, Suspends It To Allow Appeal Case Title: Mahendra Singh Dhoni v. G Sampath Kumar Citation: 2023 LiveLaw (Mad) 392 The Madras High Court sentenced IPS officer Sampath Kumar to 15 days simple imprisonment in a contempt plea moved by cricketer MS Dhoni. The bench of Justice SS Sundar and Justice Sunder Mohan however suspended the sentence for 30 days to allow Sampath Kumar to file an appeal. Dhoni contended that the IPS officer made disparaging and derogatory remarks against the Supreme Court and the Madras High Court which is capable of shaking the faith of the common man in the judicial system and thus constitutes criminal contempt. “Took A Larger Risk”: Madras High Court Directs Authorities To Consider Granting Accelerated Promotion To Constable Assigned To Collect Information About Veerappan Case Title: R Sumathi v Secretary to Government Citation: 2023 LiveLaw (Mad) 393 The Madras High Court recently directed the State Government and police authorities to give accelerated promotion to Sumathi, a Grade I Constable who was assigned to collect information about the notorious Forest Brigand Veerappan. Justice K Kumaresh Babu observed that the authorities had already given accelerated promotion to another Sub-Inspector of the Special Branch assigned with a similar task. The court noted that Sumathi had taken a larger risk and performed a better duty and thus declining promotion to her would be discriminatory and violative of Article 14 of the Constitution. ED Officer's Arrest By Tamil Nadu DVAC | Madras High Court Dismisses Plea Seeking CBI Enquiry, Says State Has Power To Investigate Case Title: J ...

Madras High Court Weekly Round-Up: December 11 to December 17, 2023

Upasana Sajeev

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