Chennai Mar 30 PTI The Madras High Court on Wednesday lamented the available procedural law in force which many a times turn against the successful litigants Justice N Anand Venkatesh made the observation while passing orders on a second appeal relating to a property dispute that arose well over four decades ago The present second appeal is a painful pointer of how a litigant starts facing misery after obtaining a decree from the Court The Code of Civil Procedure is designed to facilitate justice and further its ends Unfortunately in many cases the procedure acts like a penal enactment where the litigant is actually punished and made to run from pillar to post to get the fruits of the decree he said This Court is forced to start this judgment with this somber note since a mortgage decree that was obtained in the year 1979 in an original suit filed in 1978 is yet to see the light of the day and 43 years had gone by If a litigant is made to undergo this mental agony no wonder people will lose faith in civil litigations and will resort to short cut methods to achieve even those reliefs to which they are rightfully entitled to the court added As the facts of this case unfurl one will understand how difficult it is to get a decree executed with the available procedural law in force the judge said and imposed a cost of Rs 50000 on the persons who took all efforts to see that the successful litigant did not get the relief ordered by the court earlier PTI CORR SA SA

Chennai Dec 27 PTI The Madras High Court has suggested that the Tamil Nadu government come up with a prospective glossary containing words and expressions to address members of the LGBTQIA community saying any such move will have more force and be easier to implement The courts recommendation came during a hearing on the welfare of the community members with the original petition being two women same-sex partners seeking protection from their families opposed to their relationship The counsel for the petitioner has submitted the relevant words and expressions were illustrative and not exhaustive to address the LGBTQIA community the court said However at some stage there must be a beginning where persons belonging to this community are addressed in a more dignified manner Justice Anand N Venkatesh said during the hearing recently The learned Additional Advocate General shall take note of the words and expressions that have been suggested supra and it can be forwarded to the Government of Tamil Nadu facilitating it to come up with a standardized guideprospective glossary containing the words and expressions to address persons belonging to the LGBTQIA community Once the Government publishes the same it will have more force and will be easier to implement This Court expects that such a prospective glossary will be placed before this Court before the next date of hearing on February 18 the judge noted The Court also requested the press and media to take into consideration the words and expressions mentioned herein above to be used while addressing persons belonging to the LGBTQIA community saying it will pave the way for their dignified identification PTI COR SA APR APR

Chennai Oct 28 PTI Admitting failure on his part in considering two vital documents relating to admission of students in engineering courses a Madras High Court judge has vacated his earlier order passed on October 25 which directed the Anna University and the Commissioner of Tamil Nadu Engineering Admissions to permit students who had taken both NATA as well as JEE Main in 2021 to participate in the counselling for BArch course While admitting two writ petitions from the Academic Society of Architects and a student which prayed for a direction to the authorities concerned to permit the Institutions imparting architectural education to admit eligible students who had participated in NATA and JEE Main 2021 by drawing up a merit list of students under management quota in BArch course for the academic year 2021-22 Justice N Anand Venkatesh had issued the interim direction on October 25 Later when the presence of the important documents having a bearing on the issue was brought to the knowledge of the judge he withdrew the order on Wednesday The judge said that on that day he had failed to take note of certain vital facts which would have a bearing on the very relief that had been sought for in the writ petitions He did not take into consideration the fact that a statutory notification issued by the Council of Architecture had come into effect from November 1 2020 It had the force of law since it had already been placed before the Lok Sabha and the Rajya Sabha in February and March this year respectively and it had been passed This notification specifically mandated the qualification for the aptitude test in Architecture as per Appendix D and a reference to Appendix D showed that a candidate must pass the Aptitude Test in Architecture conducted by the Council The Aptitude Test that was conducted by the Council was the National Aptitude Test in Architecture NATA After the coming into force of this notification the same governed the field by fixing the admission norms for BArch Course This notification had been followed by the Tamil Nadu government also and the same was clear from the Information and Instructions issued to candidates the judge said One more vital factor that was brought to the notice of the Court was the specific exemption that was given by the Council of Architecture to the Central government Institutions based on the specific request made by the Ministry of Education through their letter dated July 27 this year It was clear from the above that after the coming into force of the statutory notification the admission for BArch Course was governed only by the Aptitude Test conducted under NATA and even the Central Government had to seek for an one time exemption for this academic year by making a specific request to the Council of Architecture Admittedly no such exemption had been claimed by the State government and it had decided to fall in line with the statutory notification issued by the Council of Architecture the judge pointed out and closed the petitions for interim relief and posted the main one for further hearing after four weeks PTI CORR SA BN BN