Madras High Court Weekly Round-Up: December 26 to December 31, 2022

A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 519 To 2022 LiveLaw (Mad) 525 NOMINAL INDEX S Lawrence Vimalraj v. The Registrar (Judicial) and others, 2022 LiveLaw (Mad) 519 The Dean, Government Medical College Hospital and another v. Vijayalakshmi, 2022 LiveLaw (Mad) 520 P Vedachalam v. The Principal Secretary, Adi Dravidar and Tribal Welfare Department and another, 2022 LiveLaw (Mad) 521 Durga Lakshmi Kalyana Mandapam and another v. Idols of Arulmighu Siddhi Ganesar Natarja Perumal, 2022 LiveLaw (Mad) 522 K.Balasubramaniam v. The Commissioner, Greater Chennai Corporation and others (batch cases) 2022 LiveLaw (Mad) 523 S.Karthi v The Registrar, The Tamil Nadu Dr.Ambedkar Law University, 2022 LiveLaw (Mad) 524Mir Anas Ali v State 2022 LiveLaw (Mad) 525 REPORTS 1. Senior Advocate Designation An Honour And Privilege, Cannot Be Based On Reservation: Madras High Court Rejects Plea Seeking Quota For Women Lawyers Case Title: S Lawrence Vimalraj v. The Registrar (Judicial) and others Citation: 2022 LiveLaw (Mad) 519 Dismissing a petition seeking reservation for women in designation of Senior Advocate, the Madras High Court last week observed that conferring the status of Senior Advocate on an Advocate is a privilege and not a post. Conferring the status of Senior Advocate on a Advocate qua Section 16 of 'The Advocates Act, 1961 (25 of 1961)' is clearly a privilege and not a post. Therefore, any prayer for reservation is misplaced 2. Thiruvarur Hospital Can Recover ₹5 Lakh Compensation Amount From Doctors, Officials In Medical Negligence Case: Madras High Court Case Title: The Dean, Government Medical College Hospital and another v. Vijayalakshmi Citation: 2022 LiveLaw (Mad) 520 The Madras High Court has held that whenever loss to the State Exchequer is caused due to the negligent acts of public servants, such financial loss should be recovered from them. When the Public Officials have committed an act of negligence, lapses or dereliction of duty, the financial loss caused to the State Exchequer are to be recovered from such Public Servants, who all are responsible and accountable for the financial losses. Justice SM Subramaniam was hearing a civil revision petition filed by the Dean of the Government Medical College Hospital, Thiruvarur and District Collector, Thiruvarur to set aside the attachment order passed by the Sub Court attaching the movables in the office of the revision petitioner. 3. Madras High Court Asks State To Constitute Task Force For Effective Implementation Of Post Matric Scholarship Scheme For SC/ST Students Case Title: P Vedachalam v. The Principal Secretary, Adi Dravidar and Tribal Welfare Department and another Citation: 2022 LiveLaw (Mad) 521 The Madras High Court recently said that late disbursal of scholarship amount to the SC/ST defeats the constitutional purpose for which the Post Matric Scholarship Scheme has been formulated. The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad was hearing a plea seeking directions for disbursal of the post-matric scholarship to SC/ST/SCA students of all colleges in Tamil Nadu at the beginning of every academic year. Taking note of difficulties being faced in implementing the scheme to disburse the scholarship amount in time, the court asked the authorities to consider constituting a task force with representatives from both union government and state government ministries. 4. Temple Properties Being Encroached Without Any Guilt, Executive Officer's 'Power' To File Suit Has Transformed Into 'Duty': Madras High Court Case Title: Durga Lakshmi Kalyana Mandapam and another v. Idols of Arulmighu Siddhi Ganesar Natarja Perumal Citation: 2022 LiveLaw (Mad) 522 The Madras High Court has said Section 45 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 can no more be read as requiring an express authorisation from the Commissioner for filing of a suit as the very appointment of the Executive Officer enjoins the said duty. Justice Bharatha Chakravarthy was hearing an appeal challenging the order of the City Civil Court wherein the court authorized the management of the Arulmigu Siddhi Ganesar Natarja Perumal Durgaiamman temple to manage and administer a Kalyana mandapam situated in the temple. The court said people generally had "a sentiment/fear not to exploit the temple property" but with the population growth and urbanisation, the sentiment has vanished in thin air and "the properties of the temple, be it residential plots or commercial buildings or agricultural lands are encroached upon without any guilt and the temple is divested of the income." Thus, the court noted that the 'power' to file a suit has transformed into a 'duty' to file a suit. In such a situation, the appointment of the ...

Madras High Court Weekly Round-Up: December 26 to December 31, 2022

Upasana Sajeev

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