Latest news with #MadrasHC
Time of India
19-07-2025
- Business
- Time of India
ED not a ‘loitering munition' or ‘super cop': Madras HC
Madras high court CHENNAI: Enforcement Directorate is not a 'loitering munition or drone' that can strike at will, nor a 'super cop' empowered to investigate every matter that comes to its notice, Madras HC has observed while quashing a Rs 901-crore fixed deposit freeze order issued by the agency. A division bench of Justices MS Ramesh and V Lakshminarayanan ruled that ED's powers under the Prevention of Money Laundering Act (PMLA) can only be invoked when there is a scheduled offence — termed a 'predicate offence' — and the existence of proceeds of crime arising from it. 'PMLA demands the existence of a predicate offence. When there is no predicate offence, initiation of proceedings under PMLA is anonstarter,' the bench said. It likened ED's jurisdiction to a limpet mine requiring a ship to function. 'The ship is the predicate offence and proceeds of crime,' it added. The ruling came in response to a plea by RKM Powergen Pvt Ltd, which challenged ED's January 31 order freezing its fixed deposits. The company, represented by senior advocate B Kumar, said the freeze disregarded earlier court rulings and lacked fresh material. RKMP was allocated the Fatehpur East coal block in 2006. The Supreme Court cancelled the allocation in 2014. CBI initially registered an FIR but closed the case in 2017. Despite this, ED launched a PMLA probe in 2015 and froze RKMP's accounts, which was struck down by Madras HC earlier. Rejecting ED's stand, HC said actions under PMLA must follow legally prescribed route and termed the freeze order 'legally untenable.'
New Indian Express
18-07-2025
- Politics
- New Indian Express
Trust moves Madras HC against party flag of TVK
CHENNAI: A charitable trust has moved the Madras HC against actor Vijay and his party TVK alleging trademark and copyright violation for using the flag which is 'identical and deceptively similar' to its registered flag and logo. Justice Senthilkumar Ramamoorthy, before whom the civil suit by Thondai Mondala Sandror Dharma Paribalana Sabai came up for hearing, issued notice to Vijay and TVK directing to file a counter-affidavit in two weeks. When the judge questioned whether the Trade Marks Act would be applicable for a political party's flag, the petitioner's counsel Ramesh Ganapathy submitted the Act would apply not only for goods and commercial service but also to the service of the trusts. The trust sought the court to issue an injunction restraining Vijay and his party from using the flag. The judge said, 'The larger question of whether the issue falls under the Trade Marks Act has to be examined.' The plaintiff-trust submitted it has been using the trademark flag and logo since 2023 for providing social services. The trust alleged TVK has adopted the colour combination of red and yellow, specifically with three stripes with red on top and bottom and yellow in the middle and the circle design in the middle of the flag, to ride over the hard-earned goodwill and reputation of the trust.
New Indian Express
18-07-2025
- Politics
- New Indian Express
Preventing SC community from entering temples can't be allowed: Madras High Court
CHENNAI: Affirming that every Hindu irrespective of caste or sect is entitled to enter into any temple, the Madras HC said preventing scheduled caste community from entering temples cannot be permitted in the country which is governed by the rule of law. 'Irrespective of the caste or community of the devotees, they must be permitted to offer prayers to god. That apart, preventing persons from offering prayers on the basis that they belong to SC community, is an affront to the dignity of persons who are discriminated based on their caste. This can never be permitted in a country, which is governed by the rule of law,' said Justice N Anand Venkatesh in an order passed on Thursday. He noted that section 3 of the Tamil Nadu Temple Entry Authorisation Act, 1947, makes it abundantly clear that notwithstanding any law, custom or usage to the contrary, every Hindu irrespective of the caste or section shall be entitled to enter any Hindu temple and offer worship therein. If they are restricted, it will amount to an actionable wrong/offence. This act came into force after a long struggle by many leaders who wanted to ensure no caste discrimination. The Act was brought into force as a policy taken by the state government to remove the disabilities imposed on certain classes of Hindus against entry into Hindu temples in the state, he pointed out. Justice Venkatesh made the observations while issuing orders to the authorities of the Ariyalur district including the collector to take action to ensure SC community persons are not prevented from entering into the Puthukudi Ayyanar Temple in Udaiyarpalayam for worship and do the rituals. The order was issued on the petition filed by A Venkatesan who alleged his community is prevented from entering into the temple for worship. He wanted directions to the authorities to allow them to worship during the car festival from July 16 to 31.
New Indian Express
12-07-2025
- New Indian Express
Madras HC urges strict adherence to NDPS Act procedures for seized articles
MADURAI: The Madurai Bench of the Madras High Court directed all the investigating officers, prosecuting agencies, and special courts handling cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, across the state to strictly comply with the procedures outlined in Section 52A (disposal of seized articles) of the Act and the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022. The home secretary and the registrar general of the Madras HC have been directed to soon issue a comprehensive circular in this regard. Justice B Pugalendhi issued the directive while hearing an appeal filed by R Manimaran, seeking the return of his lorry seized in an NDPS case in 2021. Though Manimaran was acquitted in the case in 2023, the Additional District Court for EC and NDPS Act cases in Pudukkottai dismissed his request to return the vehicle. Observing that the appellant, until 2023, did not claim ownership of the lorry throughout the investigation and the trial, the judge said had Manimaran come forward earlier, his potential connection to the offence could have been examined further. The judge also noted the investigating officer's failure to initiate pre-trial disposal proceedings under Section 52A of the NDPS Act. The court noted that pre-trial disposal should be considered an integral part of the case processing and not an afterthought. Special courts are mandated to actively monitor compliance, and Drug Disposal Committees must expeditiously process referred properties to prevent administrative delays and loss of evidentiary integrity, it noted. The judge said, 'The legislative intent behind the procedure stems from an operational necessity to prevent overcrowding of judicial or police custody spaces, eliminate risks of pilferage or decay, and reduce the burden on courts to determine ownership, post-trial,' adding that long-term retention of such properties has often led to deterioration, theft or unauthorised usage. As the investigating officer has already moved the trial court for permission to refer the vehicle to the Drug Disposal Committee, the HC directed the trial court to dispose of the application.
New Indian Express
11-07-2025
- Politics
- New Indian Express
Contempt of court: Five IAS officers appear in Madras High Court, seek apology
CHENNAI: Five IAS officers, including three senior officers, of the state government appeared before the first bench of the Madras High Court led by Chief Justice KR Shriram on Thursday in connection with a contempt of court case and sought unconditional apology. The court had pulled up the officials for disobeying its orders to relocate a school run by a Christian institution from a land belonging to the Devanatha Swamy Temple at Koothapakkam village in Cuddalore district. As per an order of the court, the officers — P Amudha, who is presently Additional Chief Secretary, Revenue Department; S Madumathi, Secretary, Differently-Abled Welfare Department; B Chandra Mohan, Principal Secretary, School Education Department; PN Sridhar, Commissioner, Hindu Religious and Charitable Endowments (HR & CE) Department; and Sibi Adithya Senthil Kumar (Cuddalore Collector) — along with two other officers of HR & CE Department appeared before the court on Thursday. They apologised to the HC for failing to comply with the order to relocate St. Joseph Matriculation Higher Secondary School functioning at Koothapakkam from the temple land. The court accepted their submission. School's counsel says allotted site lacks infra, located near quarries The HC action follows a contempt petition filed by S Vinoth Raghavendran, state secretary of BJP's Spiritual and Temple Development Wing, seeking action against the officers for not obeying the court orders. Regarding the relocation of the school, Additional Advocate General J Ravindran informed the court that 4.73 acres of land was already allotted to the school at Bhuvanagiri Taluk in Cuddalore district. However, senior counsel Father Xavier Arul Raj, representing the school, submitted that the land was not suitable for running school as the site lacked infrastructure facilities like roads, and quarries are being operated around the place. He wanted the court to direct the government to allot land within 5-km radius of the school. The bench directed the school management to submit a fresh representation to the government for allotment of alternative site. A division bench in 2024 had granted six-month time to the HR&CE department to comply with another order to provide land to the school at an alternative site at Bhuvanagiri Taluk for shifting the institution. Alleging inaction, the petitioner filed the contempt plea. Madras HC recalls Rs 1 lakh fine order Chennai: The Madras HC recalled an order imposing Rs 1 lakh cost on J Kumaragurubaran, Chennai Corporation Commissioner, for disobeying order to crack down on building plan violations after the official appeared before the court and tendered apology
