Madras High Court Weekly Round-Up: February 27 To March 5, 2023

Citations: 2023 LiveLaw (Mad) 67 To 2023 LiveLaw (Mad) 76 NOMINAL INDEX Saminathan v Union of India and others, 2023 LiveLaw (Mad) 67 State of Tamil Nadu and others v. The Correspondent, 2023 LiveLaw (Mad) 68 2023 LiveLaw (Mad) 69 Dr. C Vijayabhaskar v. State of Tamil Nadu, 2023 LiveLaw (Mad) 70 State v. Dadayutham @ Kannan and others, 2023 LiveLaw (Mad) 71 Star Channel v. The Secretary to the Government and others, 2023 LiveLaw (Mad) 72 Dr. R Hemamalini v. The Registrar, Annamalai University, 2023 LiveLaw (Mad) 73 Shiva Sankar Baba v. State and another, 2023 LiveLaw (Mad) 74 KC v. UK, 2023 LiveLaw (Mad) 75 V Ayyadurai v. The State of Tamil Nadu and others, 2023 LiveLaw (Mad) 76 REPORT NEET UG : Madras HC Criticises Student For Claiming Dual Nativity, Calls Upon Centre And College To Decide About His Admission Case Title: Saminathan v Union of India and others Citation: 2023 LiveLaw (Mad) 67 The Madras High Court recently came down heavily upon a student for claiming admission both as a native of Puducherry and Kerala. The court added that the student had filed a false declaration while securing admission to JIPMER Puducherry by submitting that he had not claimed the benefit of residence in any other State. Justice CV Karthikeyan held that by doing so, he had denied an opportunity to another student who would have applied only under one state. According to the court, such an act had to be taken note of seriously. Once Teacher Is Appointed To Sanctioned Post In Aided School, Govt Cannot Refuse Approval Citing Fall In Student Strength: Madras High Court Case Title: State of Tamil Nadu and others v. The Correspondent Citation: 2023 LiveLaw (Mad) 68 While dismissing an appeal filed by the State of Tamil Nadu, the Madras High Court recently observed that once a teacher is appointed to a sanctioned post in an aided school, the Government cannot refuse its approval. Justice R Subramanian and Justice K Govindarajan Thilakavadi further noted that while deciding the number of teachers to be appointed, what has to be looked into is the number of sections and groups in the school and not the number of students. Madras High Court Directs HR&CE Department Not To Acquire Any More Elephants, Asks State To Take Call On Rehabilitation Of Captives Citation: 2023 LiveLaw (Mad) 69 Lamenting on the conditions in which the elephants are usually kept captive in Temples and even by private individuals, the Madras High Court recently directed the State to take a call regarding the rehabilitation of elephants. Justice GR Swaminathan directed the Secretary of the Environment and Forest Department to coordinate with the Secretary of the Hindu Religious and Charitable Endowment (HR&CE) Department to consider shifting captive elephants to Government Rehabilitation Camps. The court also directed the HR&CE Department to issue directions to all the temples in Tamil Nadu not to acquire any more elephants. ALSO READ: Madras High Court Judge Personally Inspects Health Condition Of 60-Yr-Old Captive Elephant, Suggests Measures Jayalalithaa’s Death : Madras High Court Stays Arumughaswamy Commission's Recommendations Against Former Health Minister C Vijayabhaskar Case Title: Dr. C Vijayabhaskar v. State of Tamil Nadu Citation: 2023 LiveLaw (Mad) 70 The Madras High Court has recently stayed the operation of Justice Arumughaswamy Commission of Inquiry report with respect to the remarks made against former Tamil Nadu health minister C Vijayabhaskar. Justice GR Swaminathan allowed the interim prayer in a plea moved by Vijayabhaskar challenging the recommendations of the commission and seeking to quash the report as far as Vijayabhaskar was concerned and the Government order under which appropriate action was to be initiated based on the recommendations of the commission. “Calling Assault Animalistic Would Be Injustice To Animals”: Madras High Court Reverses Acquittal In POCSO Case After 9 Years Case Title: State v. Dadayutham @ Kannan and others Citation: 2023 LiveLaw (Mad) 71 The Madras High Court recently reversed the findings of trial court and sentenced a man to undergo rigorous imprisonment for a period of 10 years for sexually molesting an 8-year-old girl child. Finding the man guilty for the offences of aggravated penetrative sexual assault under the Prevention of Children from Sexual Offences Act (POCSO) and for rape, sexual assault and criminal trespass under the Indian Penal Code, Justice Bharatha Chakravarthy noted that the trial court had acquitted the man based on irrelevant considerations and materials while ignoring the relevant materials such as the deposition of the child and the corroborative evidence. The court added that the findings of the trial court was perverse and was impossible given the nature of the offence. Govt Employees Would...

Madras High Court Weekly Round-Up: February 27 To March 5, 2023

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