Madras High Court Weekly Roundup: May 16 2022 to May 22 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 213 To 2022 LiveLaw (Mad) 221 NOMINAL INDEX P.R Srinivasan v. The Commissioner, HR&CE and others, 2022 LiveLaw (Mad) 213 G. Sendrayan v. The Registrar of Co-operative Societies and others, 2022 LiveLaw (Mad) 214 Nandha Ayurveda Medical College and Hospital represented by Chairman v. The Director of Indian Medicine and Homeopathy and Others & other connected cases, 2022 LiveLaw (Mad) 215 Pranav Srinivasan v. The Government of India, 2022 LiveLaw (Mad) 216 Ramasamy Gounder @ Senban (died) v. Chinnapillai @ Nallammal, 2022 LiveLaw (Mad) 217 Prakash A v. The State represented by Inspector of Police, 2022 LiveLaw (Mad) 218 Periammal v. Kamalam and others, LiveLaw (Mad) 219 Sanjay Simon and another v. KG Hospital and another, 2022 LiveLaw (Mad) 220 Union of India versus J. Auuamar and Ors, 2022 LiveLaw (Mad) 221REPORTS 1. "State Obligated To Preserve Practices Of All Religions": Madras High Court Holds Emergent Sitting On Sunday Via WhatsApp To Allow Car Festival Case Title: P.R Srinivasan v. The Commissioner, HR&CE and others Citation: 2022 LiveLaw (Mad) 213 The Madras High Court has reiterated that the State has an obligation to provide basic amenities to the pilgrims whenever there is a large gathering of persons during festival times. Following the decision of the Supreme Court in Sarika v. Shri Mahakaleshwar Mandir Committee (2018) the court held that it is the bounded duty of the government to make proper arrangements and to sanction amounts without fear of violation of the concept of secularism. Justice GR Swaminathan held an emergent sitting and heard the case on Sunday, over a Whatsapp Video call from Nagercoil while the lawyers joined the call from Neelankarai and Anna Nagar. It was upon the plea moved by the Hereditary Trustee of the Arulmighu Abheeshta Varadarajaswamy Temple, Papparapatti Agraharam, Pennagaram Taluk, Dharmapuri District urging that their village will face "divine wrath" if the proposed Rath festival is not held on the given date, i.e., May 16. 2. Successive Govt Can Review Policy Decision Of Erstwhile Govt But Must Avoid Waste Of Resources: Madras High Court Case Title: G. Sendrayan v. The Registrar of Co-operative Societies and others Citation: 2022 LiveLaw (Mad) 214 The Madras High Court has held that if a decision taken by an erstwhile Government is good to the public and the society at large, the successive Government can very well continue the project, if it is yet to be completed or half way through, for which further financial support is required. Justice R Suresh Kumar said, "If the erstwhile or the previous Government has taken a decision for any project to be undertaken for the welfare of the people, for which heavy amount of Government exchequer has been already spent, while taking a review in respect of those decision, the successive Government must borne in mind that, such kind of huge spending from exchequer shall not be allowed to go a waste." The Court stated if an elected Government has taken a policy decision, under which, a project is conceived and put into action, when a subsequent Government is elected by a democratic exercise, it is for the successive Government to review such policy decision, based on the policy under which they have given the election manifesto to the people who vote them to power and accordingly, the earlier decision taken by the erstwhile Government can very well be reviewed by the subsequent Government, ofcourse within the parameters or four corners of the Constitution. 3. Medical College Managements Have Right To Fill Up Vacant Seats In Respective Courses De Hors Sponsorship By Selection Committee: Madras High Court Case Title: Nandha Ayurveda Medical College and Hospital represented by Chairman v. The Director of Indian Medicine and Homeopathy and Others & other connected cases Citation: 2022 LiveLaw (Mad) 215 The Madras High Court recently upheld the right of the college management to fill up the vacant seats in the respective courses. Justice GR Swaminathan made the observation in a plea challenging the impugned orders of Tamil Nadu Dr. M.G.R. Medical University against admissions made by the management of the colleges. The court relied on Index Medical College, Hospital and Research Centre Vs. State of Madhya Pradesh and Others, where the Apex Court upheld the right of management to admit students. The court had observed that the seats remaining vacant would amount to a "national waste of resources". 4. Entitlement To Resumption Of Citizenship Can't Be Denied To A Child Who Was In Womb At Time Of Renunciation By His Parents: Madras High Court Case Title: Pranav Srinivasan v. The Government of India Citation: 2022 LiveLaw (Mad) 216 The Madras High Court has recently observed...

Madras High Court Weekly Roundup: May 16 2022 to May 22 2022

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