Chennai Court July 2010 Judgments
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Kallakudi Selection Grade Panchayat Vs. the State of Tamil Nadu and or ...
Court: Chennai
Decided on: Jul-13-2010
1. The petitioner has invoked the writ jurisdiction of this Court to challenge the order, dated 08.03.1999 passed by the District Collector, Trichy permitting the fourth respondent ie.,The President, Palanganatham Panchayat, Thirumanoore Union,Perambalur District to collect the Professional Tax, on the ground that the Factory of M/s.Dalmia Cements(Bharath) Limited falls within the jurisdiction of the said Panchayat.2. In support of the Writ Petition, it has been pleaded that the fifth respondent M/s.Dalmia Cements(Bharath)Limited established a factory in the erestwhile Trichy District and its formation and establishment were within the other panchayat also. One such Panchayat is Kallakudi Selection Grade Panchayat which was originally forming part of Trichy District. The case of the petitioner is that after trifurcation of Trichy District into Tiruchirappalli, Perambalur and Karur District, the fourth respondent/Panchayat fall within the organisation of District of Perambalur.3. That m...
G.Krishnaveni Vs. the Director of Elementary Education and ors.
Court: Chennai
Decided on: Jul-13-2010
1. The petitioner has invoked the writ jurisdiction of this Court with a prayer for the issuance of a writ in the nature of Certiorari, to quash the order, dated 15.11.2005 issued by the second respondent/District Elementary Educational Officer, Tuticorin.2. A reading of the impugned order shows, that after the petitioner was relieved from service by respondent No.5 to join in another school on being declared surplus. The petitioner made a request for being absorbed against the new vacancy available. The respondent No.2 merely passed an order directing the petitioner to approach the concerned school for his absorption against the available vacancy. It is not in dispute that after consideration,the respondent school has not accepted the request of the petitioner and has appointed a new person as Teacher in the school. The refusal by the school and appointment of another person is under challenge.3. In view of the passing of the subsequent orders, the remedy if any with the petitioner is...
T. Subramanian Vs. the Revenue Divisional Officer and anr.
Court: Chennai
Decided on: Jul-13-2010
1. The petitioner seeks Writ in the nature of Certiorari, for quashing the order dated 10.06.2005, passed by the first respondent / Revenue Divisional Officer, vide which the change of patta is ordered.2. Though the remedy with the petitioner is by way of Revision, but keeping in view the fact, that this writ petition was admitted in the year 2006, no useful purpose would be served to relegate the petitioner to alternative Statutory remedy of Revision, as it would be mere ritual, as the impugned order passed by the first respondent is patently without jurisdiction.3. As per the Tamil Nadu Patta Pass Book Act 1983, any change in patta is to be carried out by the Tahsildar, on an application moved by the aggrieved party. The order of the Tahsildar is then subject to the Appeal and then Revision.4. A reading of the impugned order shows, that the first respondent / Revenue Divisional Officer, being an Appellate Authority, entertained a Revision, which was not within his jurisdiction.5. The...
R. Anbazhagan Vs. Managing Director and ors.
Court: Chennai
Decided on: Jul-13-2010
1. The petitioner has approached this Court with a prayer for issuance of a Writ in the nature of Certiorari, to quash the impugned Tender-cum-Public Auction notice dated 03.02.2006.2. The impugned notice reads as under:-Whereas you had been sanctioned a Transport Loan of Rs.1.82 Lakhs on 13.05.1993, where as you have failed to repay the loan. Whereas a foreclosure notice was already issued to you pursuant to which the assets belonging to your unit were taken possession by the Corporation under Section 29 of State Financial Corporations Act, 1951. Whereas it is proposed to hold a tender-cum- public auction in respect of the assets belonging to you and whereas wide publicity regarding the same has been given by release of advertisements in leading newspaper.A set of Terms and conditions for sale, list of assets, tender form etc., are enclosed herewith to enable you to participate in the Tender-cum- Public auction, if you are so interested. The date of public auction and submission of te...
Cce, Chennai Vs. M/S. Visteon Automotive Systems (India) Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-13-2010
Heard both sides. Shri K.S. Venkatagiri, learned counsel appearing for the respondent states that the dispute in this case relates to eligibility in respect of input service tax credit on catering service used by the appellants in the manufacture of alternator and starter motor. He states that the respondents are eligible for such credit in view of the Larger Bench decision of the Tribunal in the case of CCE, Mumbai Vs. GTC Industries Ltd. 2008 (12) STR 468. 2. Shri C. Dhanasekaran, learned SDR appearing for the Department states that the issue has been decided by the Tribunal in the case of CCE, Chennai Vs. Sundaram Brake Linings Ltd. and Others in respect of 13 appeals vide Final Order No. 649 to 661/2010 dated 18.6.2010 following the decision of the Hon’ble Supreme Court in the case of Maruti Suzuki Ltd. Vs. CCE, Delhi 2009 (240) ELT 641 (SC) in favour of the Department and hence the Department’s appeal should be allowed. 3. After hearing arguments from both sides, I fin...
A.K.Viswanathan ... Vs. the State of Tamil Nadu, and ors.
Court: Chennai
Decided on: Jul-12-2010
1. What is sought for in this Writ Petition is a mandamus, forbearing respondents 4 and 5 from conducting any enquiry against the petitioner based upon the decision said to have been taken on 28.08.2009 by respondents 1 to 3.2. According to the petitioner, he was selected by the Union Public Service Commission for appointment as an IPS Officer and was allotted to Tamil Nadu Cadre; he is holding the position of Inspector General of Police; during February,2009, he was working as Additional Commissioner of Police, (Law and Order), Chennai City; on the orders of Mr.Radhakrishnan, the then Commissioner of Police, he came to High Court on the forenoon of 19.02.2009 to oversee the security arrangements in the High Court apropos the appearance of Dr.Subramaniam Swamy before the High Court; at about 14.45 hrs., the then Commissioner of Police called him over phone and directed him to go to B2 Esplanade Police Station and monitor the surrender of advocates connected in Crime No.13/09 on the fil...
K.Karunakaran, and ors. Vs. . the Chief Manager/Authorised Officer Ass ...
Court: Chennai
Decided on: Jul-12-2010
1. The petitioners are the workmen of the third respondent. They raised industrial disputes before the Labour Court at Coimbatore in I.D.Nos.142 to 147 of 2001 against the termination of their service. The Labour Court has passed an award holding that the termination of the petitioners-workmen is illegal and unjustified and ordered the reinstatement with 50% of backwages and other benefits vide judgment dated 24.8.2006. The workmen, after getting such an order, approached the third respondent-Management seeking for reinstatement and also backwages. They also issued legal notices in this regard. Since the above said award of the Labour Court has not been complied with, the petitioners-workmen filed Claim Petitions in C.P.Nos.215 to 220 of 2008 for computation of the money value of benefits. The Labour Court, vide order dated 19.11.2008, had computed the money value of the benefits for each of the petitioners to be paid by the third respondent upto 30.4.2008.2. Subsequently, in respect o...
R.Manoharan ... Vs. the Principal Secretary / Transport Commissioner,
Court: Chennai
Decided on: Jul-12-2010
1. The petitioner was employed as an Assistant in the Office of the Regional Transport Officer, Trichy. While so, he was placed under suspension by an order dated 19.09.2003, on the ground that enquiry into the allegations of misappropriation of Government money against the petitioner was contemplated. Thereafter, a charge memo was issued under Rule 17 (b) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules.2. However, suspension was revoked and the petitioner resumed duty. After, he resumed duty, the enquiry got concluded and the Enquiry Officer submitted his report dated 17.06.2007 holding that the charges were not proved. The Disciplinary Authority accepted the aforesaid findings of the Enquiry Officer and dropped the charges on 20.06.2008.3. A criminal case was filed on the same set of allegations in FIR No.9 of 2003 on the file of Trichy Mega City Police Station. However, during the pendency of the criminal case, the Department did not think of keeping the petitioner ...
Dr.V.S.Kiruthika Selvanayaki .. Vs. the State of Tamil Nadu, and ors.
Court: Chennai
Decided on: Jul-12-2010
1. W.P.No.6370 of 2010 is filed for the issue of writ of mandamus for directing the respondents to select the petitioner as candidate for the 3 seats in MD Radio Diagnosis course in Tamil Nadu Government Medical College for the academic year 2010-2011 in accordance with merit list. W.P.No.6371 of 2010 is filed for the issuance of writ of mandamus for directing the second respondent to implement G.O.Ms.No.206 Personnel and Administrative Reforms(K) Department, dated 06.11.2008 by continuing the selection process based on roster method, from the last turn up to which the selection was already made i.e.,turns 1 to 5 for the year 2008, 6 to 8 for the year 2009 and 9 to 11 for the year 2010 and allot the seat for MD Radio Diagnosis course to the 10th point which is reserved for back ward class to the petitioner, who is a backward class candidate, for the Post Graduate(PG) Degree Course in Radio Diagnosis course in any one of the Tamil Nadu Government Medical Colleges for the year 2010-2011....
Minor I.Aravind Adhavan. the State of Tamil Nadu Rep. by the Secretary ...
Court: Chennai
Decided on: Jul-12-2010
1. The writ petition is filed for issuing appropriate direction to the third respondent to enforce the seat sharing policy with the respondents 4 and 5 herein with further direction to the second respondent to conduct counselling for the surrendered seat for admission to M.B.B.S. course for the year 2009-2010 conducted by the second respondent and to consider the petitioner for selection for admission to M.B.B.S. course for the year 2009-2010.2.The brief facts which are relevant for consideration herein are as follows:(i) The minor petitioner belonging to backward class community passed the Higher Secondary Certificate Examination (Academic) conducted by Tamil Nadu State Board in March, 2009 and he has secured 1122 out of 1200 marks and has secured of 193.75 in the main papers. Then he has applied for admission to M.B.B.S./B.D.S. course for the Academic year 2009-2010 and he was assigned the rank of 1822 for the purpose of counselling. Based on his total marks and his rank, he was call...
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