Tag: Madras HC

  • Madras HC modifies bail condition of BJP state secretary SG Surya

    Madras HC modifies bail condition of BJP state secretary SG Surya

    Madurai: The Madurai bench of the Madras High Court on Friday modified the bail conditions of BJP state secretary S G Surya in the case registered against Madurai MP Su Venkatesan for allegedly posting derogatory tweets.

    The court allowed Surya to appear before the Chennai Cyber Crime Police instead of the Madurai Division. Justice G Elangovan passed the order on a petition filed by Surya, seeking the above amendment to enable him to take care of his elderly mother, who is speech and hearing impaired, and grandfather, who is nearly 100 years old. Will have to stay in Chennai for.

    Surya was booked by the Madurai Cyber Crime Police for his social media post defaming MP Venkatesan. He was arrested on June 17 and sent to judicial custody, but four days later the Madurai JM court released him on bail on the condition that he would appear before the Madurai cyber crime police daily.

  • Caste has no role to play in appointment of temple priests, rules Madras HC

    Caste has no role to play in appointment of temple priests, rules Madras HC

    Chennai: The Madras High Court on Monday made it clear that pedigree based on caste will not have any role to play in the appointment of an ‘archaka’ (temple priest) if the person selected for the post satisfies the requirements such as proper training, being well-versed in knowledge required, and qualified to perform pujas and other rituals as per the requirements of Agama Sastra applicable to the temple concerned.

    Justice N Anand Venkatesh made the ruling while disposing of the petition filed by Muthu Subramania Gurukal in 2018 challenging a notification issued by the Executive Officer of the Sri Sugavaneswarar Swamy temple in Salem during that year calling up applications for filling up the post of archakar/sthanigar.

    The petitioner had appealed that appointments must be made only on the base of Agama Sastra followed by the temple.

    The Madras High Court constituted a committee headed by its retired judge, Justice M. Chockalingam to identify Agamic and non-Agamic temples in Tamil Nadu.

    As questions were asked whether the appointments of priests in temples should be deferred until the committee submitted its report, the court said that there would be no impediment for temple trustees and fit persons appointed by the Hindu Religious and Charitable Endowments Department to appoint the priests even before the submission of the report.

  • Madras HC adjourns hearing on Senthil Balaji’s plea to June 27

    Madras HC adjourns hearing on Senthil Balaji’s plea to June 27

    Chennai: The Madras High Court on Thursday adjourned the hearing on the habeas corpus plea filed by Tamil Nadu Minister Senthil Balajia’s wife Megala against the minister’s arrest by the Enforcement Directorate (ED) to June 27.

    A division bench of the Madras High Court comprising Justices Nisha Banu and Bharatha Chakravarthy heard the plea on Thursday. Senthil Balaji’s counsel N.R. Elango argued that the habeas corpus plea is suitable for hearing as fundamental right has been infringed upon.

    The senior counsel questioned the authority of the Enforcement Directorate (ED) to insist upon custodial interrogation of Balaji.

    The counsel said that sections of the Prevention of Money Laundering Act (PMLA) does not confer the powers of an SHO or officer in-charge of a police station on any of the officers of the ED, and hence they cannot seek custodial interrogation of an arrested person.

    He also took exception to the act of the ED in approaching the Principal Sessions Judge (PSJ) in Chennai after the division bench of the Madras High Court had on June 15 ordered the shifting of the minister from a government hospital to a private hospital for a bypass surgery.

    Elango said: “This is the greatest illegality ever committed by the ED. They should not have approached the PSJ after the high court’s order and the PSJ should not have permitted custodial interrogation in the hospital itself.”

    “Had the minister been arrested legally, the need for a habeas corpus plea would not have arised. Senthil Balaji should have been informed bout the reasons for his arrest, which is a fundamental right,” Elango argued.

    He also said that no one should be detained without explaining the reasons for his arrest, adding that this is clearly mentioned in Article 22 of the Constitution.

    He added that the court’s order of transferring Balaji to the Kauvery Hospital under judicial custody cannot be considered as an interim order, but an order under Section 167 of the CrPC.

    Solicitor General of India Thushar Mehta appeared for the ED.

    The court adjourned the hearing to June 27 after Mehta expressed some difficulties in appearing before the court in the afternoon and sought an adjournment to make his submissions.

  • Justice Vaidyanathan appointed as Acting CJ of Madras HC

    Justice Vaidyanathan appointed as Acting CJ of Madras HC

    CHENNAI: Justice S Vaidyanathan on Wednesday has been appointed as Acting Chief Justice of the Madras High Court.

    Following the retirement of incumbent Acting Chief Justice T Raja, President Draopadi Murmu on Wednesday appointed Justice S Vaidyanathan as an Acting Chief Justice of Madras High Court with effect from May 25, 2023.

    According to reports, Justice S Vaidyanathan will assume office on Thursday (May 25).

  • Centre notifies appointment of four judicial officers as additional judges of Madras HC

    Centre notifies appointment of four judicial officers as additional judges of Madras HC

    NEW DELHI: The Supreme Court Collegium recommended to the Centre the names of four judicial officers, R Sakthivel, P Dhanabal, C Kumarappan and K Rajasekar as additional judges of the Madras High Court.

    Taking to Twitter, newly-appointed Law Minister Arjun Meghwal in his tweet said, “In exercise of the power conferred by the Constitution of India, the President of India, after consultation with the Chief Justice of India, is pleased to appoint the following judicial officers as additional judges of the Madras High Court. I convey my best wishes to them.”

    The names of the four judicial officers were recommended by the collegium comprising CJI DY Chandrachud, Justices SK Kaul and KM Joseph on March 21.

    While proposing Mr R Sathivel’s name, the resolution said that the opinion of the consultee judges in the Supreme Court indicates that the above-named judicial officer is fit and suitable for appointment as a judge of the High Court.

    Additionally, the collegium while recommending K Rajashekhar’s name has said that his name should be notified after the appointment of Ramaswamy Neelakandan. The collegium said that it had by a previous resolution dated January 17 recommended the appointment of advocate Ramaswamy Neelakandan and reiterated the appointment of R John Sathyan to the Madras High Court.

    The resolution in this regard says that, “Shri Neelakandan must be appointed before Shri Rajasekar is appointed. Otherwise, Shri Rajasekar, who is a judicial officer and younger than Shri Neelakandan, would rank senior to Shri Neelakandan. Such a deviation in seniority would be unfair and against the settled convention.”

  • SC Collegium recalls decision to transfer Justice S Muralidhar to Madras HC

    SC Collegium recalls decision to transfer Justice S Muralidhar to Madras HC

    The Supreme Court Collegium headed by Chief Justice D Y Chandrachud on Wednesday recalled its recommendation to transfer Orissa High Court judge Justice S Muralidhar to the Madras High Court noting that its resolution has remained pending with the government without any response.

    The Collegium, which also comprises Justices Sanjay Kishan Kaul, K M Joseph, M R Shah and Ajay Rastogi, said it had resolved on September 28, 2022, to transfer Dr Justice Muralidhar to the Madras High Court.

    “The recommendation has remained pending with the Government of India since then without any response. Dr Justice Muralidhar now demits office on August 7, 2023, leaving less than 4 months’ time.”

    “In view of this delay, the resolution recommending the transfer of Dr Justice S Muralidhar is recalled to facilitate the appointment of a permanent Chief Justice in the Madras High Court by the appointment of Justice S V Gangapurwala as its Chief Justice, as the High Court has remained without a permanent Chief Justice for more than 6 months,” the Collegium said.

  • Madras HC disposes MLA’s plea seeking new canal

    Madras HC disposes MLA’s plea seeking new canal

    MADURAI: The Madurai Bench of the Madras High Court on Thursday disposed of a Public Interest Litigation (PIL) plea filed by Alangulam MLA PH Manoj Pandian seeking the construction of a new link canal in the taluk after the Water Resources Department (WRD) of Tamil Nadu informed the proposal to create the new canal is under its priority list and would be implemented based on the policy decision taken by the government.

    The petitioner wanted the construction of the new link canal to draw surplus water from the Veeranam-Kasikuvaithan supply channel for feeding the Kavalakurichi tank in Alangulam taluk of Tenkasi to solve water woes of several villages–Kavalakurichi, Vennilingapuram, Maruthamputhur, Reddiyarpatti and K.Navaneethakrishnapuram villages– which depend on the Kavalakurichi big tank for drinking and irrigation purposes.

    The project was first proposed in 2019, but was later dropped without any reason, Pandian alleged. In his status report on the PIL, the executive engineer of the project planning and designs division of the department explained that there was indeed a proposal to excavate a new canal measuring 4.6 km at a cost of Rs 14.2 crore to feed the Kavalakurichi big tank and its supply channels or tanks. While the proposal was dropped in March last year, it was later reconsidered to be included in the priority list of schemes for the year with a revised estimate of Rs 16.5 crore, he added.

    “The WRD has a separate ‘Plan Formulation Wing’ headed by a Chief Engineer with circles, that is headed by superintending engineers, and many divisions at different places of the state for investigating schemes relating to irrigation projects. This year, the above scheme is proposed under the priority list of schemes. It will be implemented based on the policy decision taken by the government,” the engineer said in the report. Recording this, a Bench of justices GR Swaminathan and B Pugalendhi disposed of the PIL.