HCHIGH COURT REPORT
Recent LawLens analyses from the Madras High Court and Madurai Bench.
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MADRAS COURT REPORT
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Madras High Court
A partition suit is untenable when it omits joint family properties and necessary co-sharers.
SENTHILKUMAR vs MANIKANDAN
LEADYESTERDAY'S REPORT
The plaintiff, Manikandan, claimed a half share in certain ancestral/joint-family properties allotted to his father, the first defendant, under a registered partition deed dated 27 April 1984.
READ THE ANALYSISMadras High Court
Non-production of records and non-cooperation with inquiry constitute obstruction warranting assessment under Section 45A.
Pro Interactive Services (India) Private Limited vs The Assistant Director
3 MIN READ→
Madras High Court
Persons with disabilities cannot claim reservation in contractual engagement of government lawyers, Madras High Court rules
V. Muthupandi, vs The Secretary to Government,
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Madras High Court
Rule relaxation is discretionary and cannot be claimed as a right to secure retrospective promotion.
The Director vs S.UMAMAHESWARAN
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Madras High Court
Section 26 of the Hindu Succession Act does not disqualify converts from inheritance.
ELAVARASI vs KUNJITHABATHAM
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Madras High Court
Madras HC allows Health Inspector appointments to continue, subject to CBCID probe into exam malpractice at a recruitment centre
S.Theerthagiri vs C.Muthukumaran
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Madras High Court
Properties acquired in individual names during joint family business remain partitionable absent proof of prior partition.
K.JAGADEESAN vs K.SAKTHIVEL
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Madras High Court
Specific performance cannot be granted absent continuous readiness and willingness to perform contractual obligations.
S. JAYANTHI vs K. PRATHEEP KUMAR
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Madras High Court
Madras High Court directs Tamil Nadu to form high-level panel to review vigilance department after delayed bribery complaint and abandoned trap നടപടി
R. Rajeshkanna vs The Superintendent of Police
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Madras High Court
Writ jurisdiction is ordinarily unavailable where the Registration Act provides efficacious remedies under Sections 72 and 77.
The Inspector General of Reg vs V. Murugan
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Madras High Court
Third MACP benefits accrue after ten years from effective second upgradation, not earlier promotions.
UNION OF INDIA vs THE REGISTRAR
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Madras High Court
Promotion may be deferred when disciplinary proceedings are pending against the employee.
The Transport Commissioner vs A. Samuvel
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Madras High Court
Stoppage of five annual increments with cumulative effect was not grossly disproportionate to the proven misconduct.
M.RAVEENDIRAN vs PRINCIPAL DISTRICT JUDGE
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Madras High Court
Writ Petitions Challenging Pay Fixation Instructions Dismissed Based on Significant Delay and Laches
T.K.JEGANATHAN vs THE PRINCIPAL SECRETARY TO THE GOVERNMENT
The Petitioners, retired government employees who exited service on various dates between 2012 and 2017, filed writ petitions seeking a re-fixation of their pay in the Selection Grade/Special Grade.
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Madras High Court
Workmen Must Prove Lack of Gainful Employment to Claim Backwages Upon Reinstatement
S. Maheswari vs THE MANAGEMENT
The appellants, employees of the Primary Agricultural Cooperative Credit Society, Veerakeralam, challenged their service termination under Section 2A(2) of the Industrial Disputes Act.
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Madras High Court
Improper OMR Shading Leads to Automatic Rejection; Judicial Interference in Automated Evaluation Would 'Open a Pandora’s Box' in Public Exams
V.O.Siva vs The Secretary
The appellant, a candidate in a recruitment examination conducted by the Tamil Nadu Public Service Commission (TNPSC), challenged the selection list dated 05.05.2025.
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Madras High Court
Executing Court cannot dismiss a third-party obstruction petition at the SR stage without adjudicating independent title.
Mary Kala vs Hussaini Begum
The petitioner filed an application under Order XXI Rule 97 of the CPC to obstruct the execution of a decree obtained by the respondents in 2006 regarding property in Survey Nos. 13/1A and 14 of Kolathur Village.
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Madras High Court
Adequacy of consideration and continuous readiness established through major advance payment warrant a decree for specific performance.
S. RAJENDRAN vs K. MANIVANNAN
The Plaintiff (Respondent) filed a suit for specific performance based on a registered sale agreement dated 17.06.1998 for agricultural land
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Madras High Court
Promoter must pay ₹10 lakh for selling plot to third party after taking payment from buyer; Madras High Court upholds RERA compensation order
M/s.VGN Projects Estates Private Limited vs V.Kayalkodi
The Appellant (Promoter) entered into an agreement with the 1st Respondent on 18.10.2019 for the sale of a residential plot for Rs. 1,02,25,000/-.
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Madras High Court
Acquisition of Mandatory Teacher Eligibility Test Qualification Merits Reconsideration of Service Benefits by Department
THE DIRECTOR OF ELEMENTARY EDUCATION vs M.Lalitha
The State (Appellants) filed a writ appeal challenging a previous order dated 13.11.2024 passed in W.P. No. 5180 of 2020.
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Madras High Court
Selection Grade pay cannot exceed the pay scale of the next level promotional post.
E.PRABAKARAN vs THE REGISTARAR GENERAL
The petitioner joined the Tamil Nadu Ministerial Service on September 2, 1985, and retired as a Senior Bailiff on February 28, 2013
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Madras High Court
Encroachers Cannot Seek Certiorari Against Removal Notices Without Timely Representation Under the Tamil Nadu Highways Act.
S.Pichaimuthu vs The Divisional Engineer (Hig
The petitioners, who operate various small-scale businesses (nursery garden, fruit shops, fast food, etc.) abutting the highways in Pudukkottai District, filed writ petitions seeking a Writ of Certiorarified Mandamus...
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Madras High Court
Registrars cannot tax Power of Attorney as 'Conveyance' if subsequent sales are also taxable; demand for deficit stamp duty must be issued within 3 years.
The Sub Registrar vs M. Noor Mohamed
The respondent (writ petitioner) was granted a power of attorney (POA) by one T.G. Ponurathinam to develop and alienate specific portions of a property
2 MIN READ→
Madras High Court
Dismissal of Motor Accident Appeal for Continued Non-Prosecution and Absence of Representation
K.THANGAPANDY vs M/S. NATIONAL INS.CO.LTD.,
The appellants (K. Thangapandy and two minors) filed a Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act against the award dated 20.10.2000 passed in M.C.O.P.No.232 of 1998 by the I Additional Dis...
1 MIN READ→
Madras High Court
Public Appointments To Victims Of Tragedies Dehors Service Rules Violate Articles 14 And 16 OF The Constitution
Theeran Thirumurugan @ Thiru vs The Chief Secretary
Three Public Interest Litigations (PILs) were filed seeking a Writ of Mandamus to restrain the Government of Tamil Nadu from granting public employment to the next of kin of 41 victims of the "Karur stampede"
2 MIN READ→
Madras High Court
Unregistered compromise decree declaring pre-existing rights in suit properties does not require compulsory registration.
S.VINAYAGAM, vs E.NAGENDIRAN,
The suit properties originally belonged to Kanniappa Naicker, who died in 1940. His wife, Ellammal (died 1955), executed a settlement deed in 1940 in favour of her brother, Subramania Naicker (predecessor of the Plain...
3 MIN READ→
Madras High Court
Registration of Sale Agreement as Loan Security Does Not Mandate Specific Performance if Not Intended for Sale
V.GOVINDASAMY vs S.NATARAJAN
The Plaintiff (Respondent 1) filed a suit for specific performance based on a registered Sale Agreement dated Sept 9, 2015 (Ex-A.2) for property worth Rs. 12,00,000, having paid Rs. 10,00,000 as advance.
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Madras High Court
Writ Jurisdictions Under Article 226 Are Not Maintainable Against Private Sector Banks for Contractual Employment Disputes
K. KARTHIKESAN vs ICICI BANK LIMITED
The Appellants, former employees of private sector banks (ICICI Bank and Lakshmi Vilas Bank), challenged orders dismissing their writ petitions.
2 MIN READ→
Madras High Court
Unregistered Will leaving behind immediate legal heirs is invalid if suspicious circumstances remain undispelled.
Kanagasabapathi vs Valliathal @ Valliammal
The Appellant (Plaintiff) filed a suit for partition seeking a 2/3rd share in properties originally owned by his father, Chinnappa Gounder, who died intestate in 1982.
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Madras High Court
Substantial compliance with directions to furnish Provident Fund statements necessitates closure of contempt proceedings.
S.Ulaganathan vs M.Prasanna Kumar and 2 others
The petitioner, S. Ulaganathan, filed a contempt petition under Section 11 of the Contempt of Courts Act against officials of N.L.C. Limited and the Assistant PF Commissioner (EPFO).
2 MIN READ→
Madras High Court
Permission to file reply statement cannot be granted after closure of evidence without justifying the delay.
Mary Emalda alais Mary vs B.Xavier (Died), The Secreta
The petitioner (plaintiff) filed a suit for specific performance and permanent injunction based on a 2005 sale agreement for property valued at Rs. 7,00,000/-.
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