Madras High Court Weekly Round-Up: February 17 - February 23, 2025

NOMINAL INDEX

M/s. Ideaforge Technology Limited v. The State of Tamil Nadu, 2025 LiveLaw (Mad) 61

Suo Motu v Union of India, 2025 LiveLaw (Mad) 62

V. R. Krishnakumar v. Commissioner of Police and Others, 2025 LiveLaw (Mad) 63

K. Shrish v The Controller Of Examination, 2025 LiveLaw (Mad) 64

M/s Janpriya Builders v. The Commissioner, Greater Chennai Corporation, 2025 LiveLaw (Mad) 65

XYZ v. Union of India, 2025 LiveLaw (Mad) 66

Sa. Sivasooryaa v Union of India and Others, 2025 LiveLaw (Mad) 67

REPORT

Madras High Court Refuses To Quash Cheating Case Against Drone Manufacturing Company, Says Sufficient Material To Proceed

Case Title: M/s. Ideaforge Technology Limited v. The State of Tamil Nadu

Citation: 2025 LiveLaw (Mad) 61

The Madras High Court recently dismissed a petition filed by Drone Manufacturing company – Ideaforge, seeking to quash a cheating case registered against it by Garuda Aerospace Pvt Ltd.

Justice P Velmurugan noted that the grounds taken by Ideaforge to quash the case was in the nature of defence which could be decided only at the time of trial. The court also noted that there was prima facie material to proceed with the case. Thus, the court was not inclined to quash the case and dismissed the plea.

Madras High Court Orders CBI Probe Into Illegal Beach Sand Mining, Says 'Political Nexus' Cannot Be Ruled Out

Case Title: Suo Motu v Union of India

Citation: 2025 LiveLaw (Mad) 62

The Madras High Court has ordered a CBI probe into the large-scale illegal mining of beach sand that has caused a huge loss to the Tamil Nadu state exchequer to the tune of ₹5,832 Crore.

The division bench of Justice SM Subramaniam and Justice M Jothiraman held that the facts of the issue- granting mining lease/approvals, permitting illegal inclusion of monazite in mining lease, lack of efficient monitoring, arbitrary royalty settlement, lack of initiation of appropriate actions, etc suggested that there was a scheme of collusion, corruption and connivance among political, executive, and private mining companies.

The court thus opined that a thorough enquiry was necessary to unearth the involvement of government officials and the illegalities perpetuated by them. The court added that a political nexus to the massive scam also could not be ruled out and directed the CBI to probe into the same.

'Foisted False Case With Malafide Intention': Madras High Court Transfers Cases Against Whistleblower-Journalist To CB-CID

Case Title: V. R. Krishnakumar v. Commissioner of Police and Others

Citation: 2025 LiveLaw (Mad) 63

The Madras High Court has recently transferred pending cases against a whistleblower journalist to the Crime Brance – Criminal Investigation Department (CB-CID) citing that the Commissioner of Police (Vepery) and the Assistant Commissioner of Police (Central Crime Branch) seemed to have foisted false cases with malicious intention.

Justice GK Ilanthiraiyan observed that though it was a settled law that the accused could not choose the investigation agency to investigate the case against him/her, in exceptional circumstances, the court could exercise its extraordinary power when the situation demands credibility and instill confidence in the investigation.

The court was hearing a plea by Krishnakumar @ Varaaki who had approached the court to transfer the pending investigation against him to the Central Bureau of Investigation or any other investigation agency. Varaaki informed the court that he was an activist, journalist, and whistleblower who was involved in exposing the corruption and misconduct in public offices.

Madras HC Declines Student's Plea To Condone Attendance Shortage, Says It Would Amount To Mocking Students Who Attend Classes Regularly

Case Title: K. Shrish v The Controller Of Examination

Citation: 2025 LiveLaw (Mad) 64

The Madras High Court recently refused relief to a student who had approached the court seeking condonation of deficiency of attendance.

Calling him an “unfortunate student who wanted to ride two horses” the bench of Justice R Subramanian and Justice C Kumarappan noted that if the court chose to sympathize with the student, it would only be misplaced sympathy and amount to mocking students who attend the classes regularly. The court also added that the courts could not interfere in academic matters and had to leave such matters to the wisdom of academicians.

Govt Cannot Routinely Regularise Unauthorised Buildings By Invoking Exemption Under Town & Country Planning Act: Madras High Court

Case Title: M/s Janpriya Builders v. The Commissioner, Greater Chennai Corporation

Citation: 2025 LiveLaw (Mad) 65

The Madras High Court has recently observed that regularisation of unauthorized construction cannot be claimed as an absolute right and the government was not expected to regularise such unauthorized buildings in a routine manner by invoking the exemption under the Town and Country Planning Act.

The bench of Justice SM Subramaniam and Justice K Rajasekar observed that if such routine regularisation is allowed, the very purpose of building plan permission would be defeated. The court added that illegal constructions not only caused environmental damage but also posed a threat to the safety and security of the neighbors and citizens living nearby. The court thus added that the government could not be a mute spectator in such cases which are causing inconvenience to the people.

The court also added that merely because the builder had invested an amount in the property, the court could not show any leniency of misplaced sympathy. The court added that due to the large-scale collusion on the part of CMDA, the Corporation and other competent authorities, the builders are emboldened to commit such crimes at the cost of the people with the hope that they can escape the clutches of proceedings by submitting regularisation applications.

Parents Strained Relationship Shall Not Affect Child's Welfare: Madras HC Asks MEA, Indian Consulate In US To Renew Minor's Passport

Case Title: XYZ v. Union of India

Citation: 2025 LiveLaw (Mad) 66

The Madras High Court recently asked the Ministry of External Affairs and the Consulate General of India in Houston, USA to renew the passport of a 10th-grade minor girl living in the USA with her father. The application for renewal was rejected by the consulate for want of the mother's signature.

Justice S Sounthar noted that the relationship between the father and the mother had become strained and they had been living separately since 2021. The court remarked that the misunderstanding between the parents should not affect the education of the child.

The court noted that if the passport of the child was allowed to expire without renewal, there was a danger that the child may acquire illegal migrant status and the same may adversely affect the child's education. The court observed that merely because the passport manual prescribed consent of both parents at the time of renewal, the right of the child to pursue education could not be denied on technical grounds.

'In Larger Interest Of Country': Madras HC Recommends Resuming Reservation Of 2 Seats In MBBS/BDS Course For PM Rashtriya Bal PuraskarAwardees

Case Title: Sa. Sivasooryaa v Union of India and Others

Citation: 2025 LiveLaw (Mad) 67

The Madras High Court has recommended the Ministry of Women and Child Development to resume reserving two seats in MBBS and BDs courses for students who have been conferred with the Pradhan Mantri Rashtriya Bal Puraskar.

While the court agreed that discontinuing the reservation is a policy decision of the government, the bench of Justice RMT Teekaa Raman and Justice N Senthuilkumar observed that such reservation would be a right step for inculcating scientific temper among students as envisaged in the preamble of the Constitution.

Though the Ministry argued that conferment of award was itself a recognition and hence no additional benefit may be given to the awardees beyond the award, the court observed that the "child awardee for exceptional achievements needs encouragement" and that the reservation was rightly introduced.

Madras HC Orders Reopening Of Temple In Villupuram Sealed Over Caste Conflicts, Asks Govt To Act In Case Of Law & Order Problems

Case Title: Raji v Executive Magistrate/ The Revenue Divisional Officer and Others

Citation: 2025 LiveLaw (Mad) 68

The Madras High Court has ordered reopening of a temple in Villupuram which was sealed in 2023 following caste related conflicts.

Justice GK Ilanthiraiyan directed the Hindu Religious and Charitable Endowment Department to reopen the Draupadi Amman temple. The court asked the government to take action against any person who attempted to create law and order problems. In March last year, the court had directed the Joint Commissioner of the HR & CE, Villupuram District to perform poojas in the temple but had emphasised that no one else will be allowed in the temple.

OTHER DEVELOPMENTS

Madras High Court Asks Director Of Medical Education To Conduct Awareness Programmes To Update LGBTQ+ Issues, Include Speakers From Community

Case Title: S Sushma and Another v. Director General of Police and Others

Case No: Writ Petition No.7284 of 2021

The Madras High Court has directed the Director of Medical Education, Government of Tamil Nadu to conduct awareness programs for updating the LGBTQIA+ issues based competency available in the medical education curriculum in all Government and Private Medical Colleges. The court also emphasised the need to include speakers from the LGBTQIA+ community to address theor issued and to understand their difficulties better.

Justice Anand Venkatesh made the direction after being informed that in September 2024, in an education session organized at the Madurai Medical College to discuss LGBTQIA+ issues, 3 speakers belonging to the community were disrespected when a cardiologist stood up and said they were boycotting the program and asked the students to leave the hall. The court was informed that it was done with the intention to insult the speakers.

The court noted that the incident showed the mindset of the persons forming part of medical education. The court thus directed the inclusion of speakers from the LGBTQIA+ community and asked the direction to be followed in letter and spirit.

Supreme Court Collegium Recommends Making Four Additional Judges Of Madras High Court Permanent

The Supreme Court Collegium has recommended making four additional judges of the Madras High Court as permanent.

In its meeting held on 20th February, 2025, the collegium has proposed the appointment of following judges as the permanent judges of Madras High Court:

(i) Justice Ramasamy Sakthivel

(ii) Justice P Dhanabal

(iii) Justice Chinnasamy Kumarappan, and

(iv) Justice Kandasamy Rajasekar

The Centre appointed the four judicial officers as Additional Judges of the Madras High Court on May 19, 2023.