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Chennai Madurai Court November 2015 Judgments

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Nov 30 2015

M. Sulaiman Vs. The District Collector, Collectorate Building, Ramanat ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent to accept and approve the petitioner's building plan approval application dated 09.06.2015 proposed construction of building in SF.No.24/1B1/A at Enmanamkondan, Uchipuli Post, Ramanathapuram District.) 1. The learned counsel appearing for the petitioner submits that in view of the resolution passed on 09.02.2015 by the 3rd respondent Panchayat, the prayer sought for in this writ petition has become infructuous, as the petitioner has challenged the said resolution in6 another writ petition in W.P(MD)No.18778 of 2015. 2. Recording the above-said submission, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed....


Nov 30 2015

M. Rathinam Vs. The District Collector/Special Officer, Irrigation Co- ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Petition filed under Clause 15 of Letters Patent praying to set aside the order made in W.P(MD)No.5996 of 2010 dated 19.11.2010.) V. Ramasubramanian, J. The writ appeal arises out of an order passed by a learned Judge dismissing the writ petition on the basis of the decision of the Full Bench of this Court inK.Marappann -vs- The Deputy Registrar of Co-Operative Societies, Namakkal Circle, Namakkal -636 001 and another reported in 2006 (4) CTC 689 to the effect that writ petition will not lie against Co-Operative Societies. 2. Heard Mr.Murali, learned Counsel appearing for the appellant and Mr.B.Pugalendhi, learned Special Government Pleader appearing for the first respondent. 3. The issue raised by the appellant in the writ petition was in respect of the age of the appellant. The appellant was a Watchman. He claimed that as per the Bye-laws the age of retirement was 60 years. 4. The writ petition is of the year 2010. At the time of filing of the writ petition in the year 2010,...


Nov 30 2015

M/s. Cheran Cements Limited, rep.by its Director P.kumar Raja, Karur D ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the common order, dated 24.03.2015 , made in W.P.(MD)Nos4156 to 4159 and 4189 to 4194 of 2015.) Common Judgment V. Ramasubramanian, J. 1. These writ appeals are by the assessee under the Tamil Nadu General Sales Tax Act, 1959 (in short "TNGST Act") and the Central Sales Tax Act, 1956 (in short "CST Act"), challenging the dismissal of their writ petitions questioning the rejection of their applications for settlement under the Tamil Nadu Sales Tax (Settlement of Arrears) Act, 2011, (in short "T.N.Act29/2011"). 2. We have heard Mrs.R.Hema Latha, learned counsel for the appellant and Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.R.Karthikeyan, learned Additional Government Pleader (Taxes), for the respondents. 3. The appellant is engaged in the manufacture of cement and allied products. They are registered as dealers under the TNGST Act and the CST Act. 4. The appellant availed the benefit of ...


Nov 30 2015

S. Balasubramanian Vs. The Registrar of Co-operative Societies, Chenna ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits payable to him with reasonable rate of interest within the time that may be stipulated by this Court.) 1. The petitioner joined service of the fourth respondent Co-operative Society on 21.07.1994. He rendered 24 years of service and retired from service on 31.12.2008 on reaching the age of superannuation. He was allowed to retire. According to him, he is not paid any settlement benefits such as G.P.F. and gratuity payable to him under Sections 78 and 79 of the Tamil Nadu Co-operative Societies Act. Hence, he has filed the writ petition seeking direction to settle the terminal benefits. 2. The learned counsels for the respondents submit that the terminal benefits were not settled due to the paucity of funds and there is no other intention to withhold the terminal benefits payable to the petitioner. In...


Nov 30 2015

S. Manikand Boopathi Vs. The District Collector, Tirunelveli District ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in the impugned proceedings of the 2nd respondent order dated 09.11.2015 made in Roc.A4/55854/15 and quash the same and further direct the respondents to reinstate the petitioner with continuity of service and other benefits.) 1. The petitioner is a Revenue Assistant in the Taluk Office at Tirunelveli. On 08.01.2015, based on his complaint F.I.R. in crime No.442 of 2015 was registered on the file of Perumalpuram Police Station for the offence under Sections 147, 148, 341, 294(b), 307 and 506(ii) of I.P.C. 2. While so, the impugned order is passed referring to the aforesaid F.I.R., placing the petitioner under suspension. Rule 17(2)(e) of Tamil Nadu Civil Services (Discipline and Appeal) Rules is invoked stating that he is deemed to have been suspended. Deeming suspension would come into operation only when a Government servant is arr...


Nov 30 2015

M. Sulaiman Vs. The District Collector, Ramanathapuram District and Ot ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to resolution passed in resolution No.627 dated 09.02.2015 on the file of the 3rd respondent and quash the same consequently, direct the 3rd respondent to give permission to grant plan approval and levying house tax in petitioner's land in S.F.No.24/1B1A and patta No.380 at Enmanam Kondan village, Uchipuli Post, Ramanthapuram District within a time frame that may be stipulated by this Court.) 1. In this writ petition, the petitioner challenges the resolution passed by the 3rd respondent, dated 09.02.2015 and consequently, seeking for a direction to the 3rd respondent to give planning approval in respect of the property situated in S.F.No.24/1B1A covered by patta No.380 at Enmanam Kondan village, Uchipuli Post, Ramanthapuram District. 2. In this writ petition, Enmanangondan Muslim Jamath filed impleading petition to implead them as a p...


Nov 30 2015

A. Seenivasagan Vs. The Joint Director of School Education, Chennai an ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order issued by the 1st respondent vide Na.Ka.No.5376/C3/E2/15 dated 29.10.2015 and quash the same as illegal and consequently direct the 1st respondent to give promotion to the petitioner as per the seniority in the final seniority panel Na.Ka.No.5376/C3/E2/15 dated 25.07.2015.) 1. The petitioner is working as Secondary Grade Teacher at Government Higher Secondary School in Chockalingapuram, Madurai. According to the petitioner, his name was included in the panel for promotion to the post of B.T.Assistant (Maths) as on 01.01.2015 by the Joint Director of School Education (Personnel), the first respondent herein, in the proceedings in Na.Ka.No.5376/C3/E2/15 dated 25.07.2015. He shown at Sl.No.43 in the said panel. However, the first respondent passed the impugned order in Na.Ka.No. 5376/C3/E2/15 dated 29.10.2015 delet...


Nov 30 2015

Deivanai Vs. The District Collector, Madurai District and Others

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent Panchayat to start and complete the work of laying concrete road with drainage watercourse on the Pasumpon street, Chekkanurani, Thirumangalam Taluk, Madurai District within a period this court stipulates.) 1. The petitioner seeks for a Mandamus directing the 3rd respondent Panchayat to start and complete the work of laying concrete road with drainage watercourse on the Pasumpon street, Chekkanurani, Thirumangalam Taluk, Madurai District. 2. The grievance of the petitioner is that even though the 3rd respondent Panchayat has assured to lay concrete road with drainage water system on the Pasumpon street, Chekkanurani, Thirumangalam Taluk, Madurai District, the same has not been done so far. Therefore, he made a representation to the 2nd respondent on 19.06.2015. It is stated that the said representation is still pending. Therefore, the 2nd respondent is di...


Nov 30 2015

M. Chitra Mary Vs. The State of Tamil Nadu, Rep. by its Secretary, Sch ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 3rd respondent in his proceedings Na.Ka.No.4362/A4/2015 dated 10.08.2015 and quash the same as illegal and consequently to direct the 3rd respondent to approve the appointment of the petitioner as B.T Assistant (Tamil) w.e.f 15.06.2011 and pay arrears of salary with all consequential benefits arising thereon.) 1. The petitioner passed B.Sc (Physics), after undergoing three years regular degree course. Thereafter, she joined B.Ed in regular course and successfully passed out the same in April 1998. Thereafter, she completed M.A(Tamil) through correspondence course in Annamalai University and passed the same in May 2003. She also studied B.Lit(Tamil) in May 2007 and the duration of the B.Lit., course is one year. 2. The learned counsel for the petitioner has submitted that one year B.L...


Nov 30 2015

Mathivanan Vs. The Tahsildar, Taluk Office, Tirumangalam, Madurai Dist ...

Court: Chennai Madurai

Decided on: Nov-30-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice passed by the second respondent in his proceedings R.T.R.F.L.Na.Ka.No.023168 dated 31.12.2012 quash the same as illegal and subsequently direct the second respondent not to interfere with the peaceful possession and enjoyment of the properties in the guise of surveying the land in dispute, which is pending before the appropriate civil Court for adjudication.) The learned Counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition. He has also made an endorsement to that effect. 2. In view of the endorsement made by the learned Counsel for the petitioner, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed....


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