Madras High Court Weekly Round-Up: November 27 To December 3, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 366 To 2023 LiveLaw (Mad) 379 NOMINAL INDEX Tamil Nadu State Transport Employees’ Federation v Government of Tamil Nadu, 2023 LiveLaw (Mad) 366 Gunasekaran v The State of Tamil Nadu and Others, 2023 LiveLaw (Mad) 367 State of Tamil Nadu v Enforcement Directorate, 2023 LiveLaw (Mad) 368 T M Selvaganapathy and Others v State, 2023 LiveLaw (Mad) 369 Yohann J.Setna v State of Tamil Nadu, 2023 LiveLaw (Mad) 370 J Jayaraj and Others v The Chief Educational Officer, 2023 LiveLaw (Mad) 371 Lakshmichandra Harishchandra Sharma v Union of India and Another, 2023 LiveLaw (Mad) 372 Mangalam v. The State Government and Others, 2023 LiveLaw (Mad) 373 K Gopinath v District Collector, 2023 LiveLaw (Mad) 374 G.Selvamoorthy v The Chief Engineer (Personnel), 2023 LiveLaw (Mad) 375 K Annamalai v V Piyush, 2023 LiveLaw (Mad) 376 T Ganesan v Government of India and Others, 2023 LiveLaw (Mad) 377 State of Tamil Nadu v K Parvathy, 2023 LiveLaw (mad) 378 S.Uttam Chand Versus ACIT, 2023 LiveLaw (Mad) 379 REPORT Trade Unions Are Essential Like A Strong Opposition Party In A Democracy: Madras HC Rules Against Outsourcing Recruitment Of Drivers, Conductors Case Title: Tamil Nadu State Transport Employees’ Federation v Government of Tamil Nadu Citation: 2023 LiveLaw (Mad) 366 The Madras High Court recently stressed on the importance of Trade unions and observed that unions were as important as a strong opposition in a democratic set up. Justice R Hemalatha was hearing a plea by the Tamil Nadu State Transport Employees’ Federation challenging the decision of the Metropolitan Transport Corporation Limited to engage drivers and conductors through a man power agency to operate regular bus operations. The court advised the authorities to adopt a more transparent and easier process to recruit drivers instead of venturing into the outsourcing mode through man power agencies. The court also allowed the plea and set aside the tender notification calling for employment of drivers and conductor. Person In Unauthorised Occupation Of Land Cannot Claim Protection Under Article 19, 21 If Eviction As Per Law: Madras High Court Case Title: Gunasekaran v The State of Tamil Nadu and Others Citation: 2023 LiveLaw (Mad) 367 While dismissing a challenge made to the Tamil Nadu Land Encroachment Act, the Madras High Court observed that a person unauthorisedly occupying a land cannot claim protection under Article 21 of the Constitution when the eviction proceedings were as per law. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy also observed that the Act did not violate Article 19 of the Constitution as a right to reside and settle in any part of the country would not mean residing unauthorisedly. The court added that a person who unauthorisedly possesses a property could not say that he had a constitutional right to unauthorisedly occupy the land. Madras High Court Stays ED Summons To District Collectors In Sand Mining Money Laundering Case Case Title: State of Tamil Nadu v Enforcement Directorate Citation: 2023 LiveLaw (Mad) 368 The Madras High Court has stayed the operation of the summons issued by the Enforcement Directorate to the district collectors in sand mining money laundering case. The court has however allowed the investigation to go on. The division bench of Justice SS Sundar and Justice Sunder Mohan passed the interim orders in a batch of pleas challenging the summons issued by the Enforcement Directorate to District Collectors in Tamil Nadu in an alleged sand mining money laundering case. The court granted three weeks time to the directorate to respond to the case. ALSO READ: ED Summons To District Collectors A 'Fishing Expedition' Without Showing Existence Of Proceeds Of Crime: Madras High Court Madras High Court Sets Aside Conviction Of Former MP TM Selvaganapathy In Cremation Shed Scam Case Title: T M Selvaganapathy and Others v State Citation: 2023 LiveLaw (Mad) 369 The Madras High Court has set aside the conviction of former Rajya Sabha MP T M Selvaganapathy in the cremation shed scam. Justice G Jayachandran acquitted Selvaganapathy and set aside the sentence of two years imprisonment imposed by a special court for CBI cases in 2014. Selvaganapathy had lost his Rajya Sabha membership following the conviction. The CBI court had sentenced Mr. Selvaganapathy, the then Minister for Rural Development and Local Administration; J.T. Acharyulu, former Secretary, Rural Development; M. Sathyamurthy, former Director, Rural Development; M. Krishnamurthy, retired project officer; and T. Bharathi to two-year rigorous imprisonment and imposed a penalty of Rs. 25,000 on each of them. "Bounden Duty To Prevent Unreasonable Delay": Madras High...

Madras High Court Weekly Round-Up: November 27 To December 3, 2023

Upasana Sajeev

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