Justice T.S. Sivagnanam, Chief Justice of Calcutta High Court, retires after a tenure of over 2 years

“The adoption of technology-driven solutions will reinforce our dedication to delivering justice efficiently while upholding the highest standards of judicial excellence.”

– Justice T.S. Sivagnanam¹

Justice T.S. Sivagnanam, who was appointed as Chief Justice of Calcutta High Court in May 2023, bids adieu to the hallowed hall of the historic High Court after a tenure of over 2 years. Beginning his professional legal journey in 1986, Justice T.S. Sivagnanam traversed this path with dedication and integrity. As a Judge, Justice Sivagnanam’s decisions focussed on providing balanced justice to the parties involved and his advocacy for a better digitised State Judiciary. Therefore, it would be only appropriate to take a step back and observe his career trajectory and soak in the wisdom through his many decisions.

Early Life and Career as an Advocate²

Justice T. S. Sivagnanam was born on 16-09-1963 to Dr. T.S. Subbiah and Nalini Subbiah. he completed his B.Sc. Degree at Loyola College, Chennai and obtained his Degree in Law from Madras Law College.

Justice Sivagnanam enrolled in the Bar Council of Tamil Nadu on 10-09-1986, and joined the chamber of R. Gandhi, a noted lawyer and well- known leader of the Bar.

Major Appointments as Special Counsel/Empanelment

• Justice Sivagnanam was appointed as Additional Central Government Standing Counsel in 2000.

• He was also empanelled as Counsel for Southern Railway in 2003.

• Further, Justice Sivagnanam was appointed as Senior Panel Counsel for Central Government in 2004.

• He was appointed as Panel Counsel for All India Council for Technical Education for appearance in High Court of Judicature at Madras and High Court of Andhra Pradesh in 2005.

• He was appointed as Senior Panel Counsel for Customs & Central Excise Department during 2008.

• Justice Sivagnanam was appointed as Special Counsel to appear for the Department of the Revenue before the CEGAT/CESTAT Chennai.

• Justice Sivagnanam was also appointed as Special Counsel to appear for the Department of the Revenue before the Settlement Commission for Customs Cases, Chennai

• In 2007, Justice Sivagnanam was nominated by the Chief Justice of Madras High Court as Panel Lawyer for appearing on behalf of the Registrar General/Officers/Judicial Officers

Career as a Judge

Justice Sivagnanam was later appointed as Additional Judge at the High Court of Madras on 31-03-2009 and as Permanent Judge on 29-03-2011³.

After being Judge at the Madras High Court for 10 years, Justice T.S. Sivagnanam was sworn in as a Judge, High Court at Calcutta on 25.10.2021⁴.

In a Resolution dated 09-02-2023, the Supreme Court Collegium recommended the appointment of Justice Sivagnanam as the next Chief Justice of Calcutta High Court upon the retirement of the then Chief Justice, Prakash Shrivastava⁵.

The recommendation received Presidential nod on 01-05-2023, and Justice T.S. Sivagnanam was sworn in Calcutta High Court’s Chief Justice on 11-05-2023⁶. Justice Sivagnanam’s oath of office was administered by Governor C.V. Ananda Bose in presence of the Chief Minister of West Bengal, Mamta Bannerji, and other eminent leaders⁷.

During his tenure as Chief Justice of Calcutta High Court, Justice Sivagnanam was vocal about the necessity for development in the State Judiciary⁸.

Furthermore, he has advocated vociferously for digitising the judicial system. While speaking at the inaugural of Public Information System and distribution of EBC Reader at Calcutta HC, Justice Sivagnanam emphasised on the crucial role of legal research in the judicial process, particularly in the era of rapid digitization of legal literature, which has made the adoption of advanced digital platforms necessary. Regarding the inauguration of the Public Information System, Justice Sivagnanam remarked that this was a citizen-centric effort to address the on-ground difficulties faced by litigants.

Highlighting the increasing volume of legal precedents and statutory developments, he stressed the need for advanced digital platforms to support efficient research, and Judicial Officers should be equipped with efficient research tools for delivering well-reasoned and timely decisions. Chief Justice Sivagnanam while highlighting that the features of the EBC Reader Platinum Edition, such as the e-library, and cross-referencing with SCC Online, stated that it would be useful for the Judicial Officers. Stressing on utilisation of such facilities, he remarked that feedback and suggestions could be submitted to the authorities so that EBC could update or upgrade the EBC Reader if required.

“The administration of justice is an evolving responsibility, and as the legal landscape expands, so too must our tools and resources.”

Notable Judgments by Justice T.S. Sivagnanam

Calcutta High Court rejects plea for citizenship verification of election candidates ahead of 2026 West Bengal polls

In Manik Fakir v. Union of India, 2025 SCC OnLine Cal 3166, wherein the petitioner seeking a direction to the Election Commission of India, urging it to take full responsibility for conducting complete citizenship verification of candidates and raising concerns about foreign nationals illegally obtaining Indian citizenship and participating in the electoral process. A Division Bench of T S Sivagnanam, CJ., and Chaitali Chatterjee, JJ., disposed of the petition and held that the existing procedures followed by the Election Commission of India were adequate and that the introduction of a new process, as sought by the petitioner, was not within the scope of judicial intervention.

‘It is an administrative decision to be taken by the Kolkata Metro Rail’; Calcutta High Court dismisses PIL seeking additional Kolkata Metro Services on Blue Line

In Akash Sharma v. Union of India, 2025 SCC OnLine Cal 1945, which was a petition was filed as a Public Interest Litigation (PIL) seeking a direction upon the railway administration to introduce at least four additional metro services between 9:40 p.m. and 10:40 p.m. on the Blue Line of Kolkata Metro Railway, covering the route from Dakshineshwar to Kavi Subhas Stations. A division bench of T. Sivagnanam, CJ., and Chaitali Chatterjee, JJ., dismissed PIL and held it was not within its purview to interfere in administrative decisions.

[R.G. Kar Rape and Murder case] Calcutta HC seeks report from CBI on objectionable social media comments on victim’s picture

In a plea regarding objectionable comments being made on social media under the picture of the RG Kar Medical College rape and murder victim, a Division Bench of TS Sivagnanam, CJ., and Hiranmay Bhattacharya, J. asked the Central Bureau of Investigation (‘CBI’) to examine the issue and submit a report on the next date of hearing. It was noted that unacceptable and nasty comments were made on the photograph of the deceased doctor.

Earlier the Court the Bench had directed the CBI to take over the probe immediately and ordered the State government to hand over all case records to the CBI.

‘If male passengers travel in compartments reserved exclusively for female passengers, they will be prosecuted’: Calcutta High Court

In a writ petition titled Piyeta Bhattacharjee v. Union of India, 2024 SCC OnLine Cal 6611, filed by a practicing advocate to highlight the issue of unauthorized male passengers boarding and travelling in the compartments reserved exclusively for female passengers, a Division Bench of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J. directed to make announcements in the public address system in all railway stations that if male passengers travel in compartments reserved exclusively for female passengers, they would be prosecuted. The petitioner pointed out various instances where male passengers had boarded the compartments reserved exclusively for female passengers and stated that many times untoward incidents had taken place.

Calcutta High Court orders Durga Puja Committee to plant saplings around Salt Lake as remedy for illegal tree cutting during 2023 Celebrations

In Kakali Roy v. State of W.B., 2024 SCC OnLine Cal 2728, which was a petition was filed by the petitioner alleging that the private respondents, who are all involved in organizing Durga Puja, illegally and without obtaining any permission have cut down several trees for putting up puja pandal, erecting high-powered Halogen lights. A division bench of T S Sivagnanam, CJ., and Supratim Bhattacharya, JJ., held that the puja committee did not obtain prior permission of various departments before illegally cutting, pruning, trimming and destruction of trees which are in public places, and which are also being classified as non-forest area. Therefore, the Durga Puja committee must be held responsible for such an act and are bound to not only pay a fine to compound the offences under the Act and are directed to take remedial measures.

Calcutta High Court directs authorities to consider Kolkata Metro timings extension till 11:30pm

In Akash Sharma v. Union of India, 2024 SCC OnLine Cal 4455, which was filed as a public interest litigation by the petitioner seeking an extension of the timing of the last train operated by the Kolkata Metro based on the comparison with other Metro Rails operating in different cities/states, where the last train typically runs until 11:30 p.m. A division bench of T S Sivagnanam CJ, and Hiranmay Bhattacharya, J., directed the authorities concerned to consider the petitioner’s representation dated 10-07-2023, examine the feasibility of the request made in the representation and provide an appropriate reply to the petitioner within a period of four weeks from the date on which the copy of the representation is submitted in the office.

Calcutta High Court directs CBI probe into alleged rape and land grabbing in Sandeshkhali by TMC leader Shahjahan Sheikh

Various PIL’s were filed seeking independent probe into the reported incidents of rape, sexual exploitation, and land grabbing allegedly perpetrated by individuals linked to Shahjahan Sheikh and his associates in Sandeshkhali, a village in 24 North Parganas District of West Bengal. A division bench of TS Sivagnanam and Hiranmay Bhattacharya, JJ., directed the Central Bureau of Investigation (CBI) to undertake a comprehensive probe into these allegations emphasizing the gravity of the accusations, and further directed the CBI to submit a report for court-monitored investigation.

Calcutta High Court affirms Single Bench’s Interim Order protecting Daily Wage Workers from termination amid tender process

In State of W.B. v. Asit Baran Hembram, 2024 SCC OnLine Cal 2804, challenging the Single Bench’s interim order restraining the State from implementing any termination orders against the writ petitioners until the disposal of the writ petitions, a division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., held that the Single Bench has appropriately protected the interests of both parties, pending the final outcome of the writ petitions. The Court, after considering the submissions of both parties, declined to interfere with the interim order passed by the Single Bench. The Court opined that the interim order effectively balanced the interests of both parties, particularly given the long-standing engagement of the petitioners and the imminent threat of termination. Additionally, the issue regarding the maintainability of the writ petitions was kept open for further consideration. The Court dismissed the appeal and the connected application and affirmed the interim order issued by the Single Bench.

Calcutta High Court directs West Bengal to fill Public Service Commission vacancies

In a writ petition titled, Ram Chandra Bhattacharjee v. State of W.B., 2024 SCC OnLine Cal 2763, concerning the functioning and delay in filling the vacancies within the Public Service Commission which resulted in significant prejudice to numerous candidates seeking public employment throughout the State, a division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., directed the State of West Bengal to commence the process of filling vacancies within the Public Service Commission and to provide an update on the progress at the next hearing.

Calcutta High Court dismisses challenge to temporary license to act as Muslim Marriage Registrar; defers matter to administrative redressal

In State of W.B. v. Shagufta Ara, 2024 SCC OnLine Cal 2803, an appeal revolving around the issuance of a temporary license to the respondent/writ petitioner to act as a Muslim Marriage Registrar, a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., held that that such contentions related to temporary license being not in accordance with relevant notifications and rules should be addressed through proper procedure, such as issuing a show-cause notice and following due process for license cancellation and until then, the respondent is entitled to perform duties under the temporary license.

‘Like Mishti Doi, Aloo Posto & Luchi, protests and rallies are inextricably part of Bengali Culture’; Calcutta High Court allows rally in Howrah

In State of W.B. v. State Co-ordination Committee, 2024 SCC OnLine Cal 2727, which was an appeal against the order of Single judge bench allowing to hold a rally in Howrah making various demands including hike in salary by the State government employees, a division bench comprising of T.S Sivagnanam CJ., and Hiranmay Bhattacharyya, J., affirmed the Single Bench’s decision, emphasised on the need for responsible conduct during rallies and suggested alternatives to minimize disruption to public life. In the instant matter, the respondent, State Co-ordination Committee of the West Bengal Government Employees’ Organizations and Unions, filed a writ petition seeking a mandamus to conduct a rally from Howrah Launch Ghat to Nabanna Bus Stand on 14-03-2024, at 1:00 p.m. after the Assistant Commissioner of Police declined permission for the rally on the proposed route and suggested an alternative route. A single-judge bench, vide order dated 13-03-2024 allowed the rally on the proposed route with conditions, including maintaining single-file formation without obstructing traffic and limiting the number of participants. Aggrieved by the impugned order, the State of West Bengal and its officers appealed against the same.

Calcutta High Court affirms constitutional validity of Section 16(4) of W.B. GST Act, 2017; Upholds denial of Input Tax Credit

In BBA Infrastructure Ltd. v. CST, (2024) 132 GSTR 129, an intra-court appeal revolving r around the denial of Input Tax Credit (ITC) due to late filing under Section 16(4) of the West Bengal Goods and Services Tax Act, 2017 (GST Act), a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., ruled against the appellant, affirming the denial of ITC and upheld the penalty for willful misrepresentation. The Court upheld the constitutional validity of Section 16(4) of the GST Act, emphasising the importance of legislative intent in economic regulation matters.

Payment of interest on cash loan falls considered unexplained expenditure under Section 69C of the Income Tax Act, 1961: Calcutta High Court

While deciding a dispute regarding the validity of impugned order under the Income Tax Act, 1961 (the Act), where the appellant challenged the assessing officer’s findings and raised objections related to procedural aspects, a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., in Shyam Sunkar Dhanuka v. Union of India, 2023 SCC OnLine Cal 2550, upheld the assessing officer’s order, emphasizing the importance of adhering to legal standards in tax assessments and the limited scope of writ jurisdiction in interfering with factual determinations.

Calcutta High Court directs examination of safety measures to prevent entry of ragpickers into dumping yards

In Subhas Datta v. State of W.B., 2023 SCC OnLine Cal 2292, which was a case related to safety concerns of ragpickers entering the dumping yard, a Division bench of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., directed the respondent authorities to submit a comprehensive report outlining the measures that will be implemented to ensure the safety of ragpickers and prevent their unauthorized entry into the dumping yard.

Calcutta High Court restricts Two wings of the same department, from initiating proceedings for same period while Audit Commissionerate asked to issued notice

While deciding an intra-court appeal wherein it was alleged that three wings of the same department viz. Audit Commissionerate, Anti Evasion wing and Range Office have proceeded against the appellant at the same time, a Division Bench comprising of TS Sivagnanam* and Supratim Bhattacharya, JJ., in R. P. Buildcon (P) Ltd. v. CGST, 2022 SCC OnLine Cal 3108, held that the Anti Evasion wing and Range Office shall not proceed any further till the proceedings under S. 65 CGST Act, 2017 reach the ‘logical end’….

The interest of revenue has been safeguarded; Order of detention against the State upheld in matter of GST Act? Calcutta HC answers

The Division Bench of T. S. Sivagnanam and Hiranmay Bhattacharyya, JJ., in Deputy Commissioner v. Nidhi Madhogaria, MAT 1332 of 2021, dismissed an appeal and connected application which was filed by the State against  the order of detention passed by the authority detaining two trucks containing consignment of steel and other products in WPA 17611 of 2021 dated: 07-12-2021 wherein petitioner was the wife of late Mohit Madhogoria, who was a registered dealer under the provisions of the W.B.V.A.T. Act presently under the GST Act.

In absence of prescribed statutory form, filing of return/payment of tax sufficient compliance of Works Contract Composition Scheme: Calcutta HC

In a landmark judgment related to Works Contract Composition Scheme, a division bench comprising of T.S. Sivagnanam* and Hiranmay Bhattacharyya, JJ., in Larsen & Toubro Ltd. v. Service Tax Commissionerate, 2022 SCC OnLine Cal 3850, held that rate of tax under Works Contract Composition Scheme will be 2% for all the projects where the option was exercised prior to change in rate of tax. Further since there is no statutory form prescribed, payment of tax and filing of return is sufficient compliance of exercise of option under the Scheme.

Madras High Court dismisses PIL seeking to ban campus recruitments made by PSUs

While dismissing the present PIL seeking to ban campus recruitments and restrain the Central and State Public Sector Undertakings (PSUs) from taking part in campus interviews, the Division Bench of S.K. Kaul, C.J. and T.S. Sivagnanam, J., in M. Palanimuthu v. Ministry of Defence, 2015 SCC OnLine Mad 7861, held that, given the current climate of competition, the process of campus recruitment is not arbitrary and observed that the practice of campus recruitment’s has been in existence for over a decade with no complaints being made against it. The Court further stated that the colleges, especially IITs have ensured that the students go through rigorous scheme of tests and interviews during the campus recruitment process.

Madras High Court upholds Central Board of Film Certification’s decision to refuse certification to “Porkalathil Oru Poo”

While deliberating upon the issue of refusal of certification by the CBFC to the film “Porkalathil Oru Poo” based on the life and trials of LTTE journalist Isai Priya, the Bench of T.S. Sivagnanam, J., in K. Ganeshan v. Film Certification Appellate Tribunal, 2016 SCC OnLine Mad 9355, upheld the decision of the CBFC and the FCAT to refuse certification to the film for public exhibition on the grounds that the film has violated the right of privacy of the main character and her family members. The Court further observed that the film depicting the LTTE movement was full of violence, sexual preservations and reflected the Sri Lankan Government and Administration in bad light and that such depiction can jeopardize the relationship between India and Sri Lanka.

Whether currency of minor punishment can be treated as bar for promotion? Madras HC answers

The Full Bench of the Court comprising of M. Yusuf Eqbal, C.J., P. Jyothimani & T.S. Sivagnanam, JJ., in Deputy Inspector General of Police, Thanjavur Range v. V. Rani, 2011 SCC OnLine Mad 632, held that Rule 36(b)(ii) of Tamil Nadu State and Subordinate Service Rules cannot be read in isolation in order to come to conclusion that irrespective of merit and ability, even in cases of currency of punishment promotion should be granted by following seniority alone. Granting promotion blindly by following seniority is antithesis to service law. During currency of minor punishment, employee cannot claim as matter of right to be promoted to next category merely on basis that he is otherwise fit for promotion. The Full Bench also overruled the Division Bench judgment of Subramanian v. State of Tamil Nadu.⁹