Chennai Court June 2011 Judgments
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P.Thirumaran Vs. the General Manager, Tamil Nadu State Transport Corpo ...
Court: Chennai
Decided on: Jun-07-2011
1.The petitioner is working as a Conductor in the respondent Tamil Nadu State Transport Corporation Limited, Villupuram. He has filed the present writ petition seeking to challenge the order dated 13.09.2010 passed by the respondent and after setting aside the same, seeks for a direction to provide work with all benefits with effect from 07.01.2008 in terms of Section 47 of the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.2.When the matter came up on 07.03.2011, this Court directed the learned Standing Counsel for the respondent Corporation to take notice. On notice, the respondent has filed a counter affidavit dated 21.03.2011, to which, the petitioner has filed a reply affidavit dated 27.03.2011.3.Heard the arguments of Mr.S.Ayyathurai, learned counsel for the petitioner and Mr.M.Ravi Bharathi, learned Standing Counsel for the respondent Corporation.4.It is the case of the petitioner that he was employed as a Conductor in the re...
R.Rengasamy Vs. the Director of School Education and ors.
Court: Chennai
Decided on: Jun-07-2011
1. The petitioner who was working as a Secretary of National (N.V.S.) Aided Primary School at Tharangapadi, filed the present writ petition, seeking to challenge an order dated 29.12.2010 passed by the third respondent, District Elementary Educational Officer, and seeks to set aside the same with a further direction to the respondents to pay the Grant in Aid towards the salary of teachers and other staff and also to approve the appointment of the petitioner as a Secondary Grade Assistant as ordered in W.P.No.348 of 2008.2.By the impugned order, the third respondent informed the petitioner that since the Secretary of the School did not adhere to the rules framed under the Tamil Nadu Recognised Private Schools Regulations Act, 1973 and the rules made thereunder, the direct payment system was resorted to for three months from September, 2010. Subsequently, the petitioner had claimed Secretaryship of the School management. But for renewing the school committee, appropriate recommendation f...
M/S.National Insurance Company Limited Vs. Arjunan and ors.
Court: Chennai
Decided on: Jun-07-2011
1. This Civil Miscellaneous Appeal is filed by the M/s.National Insurance Company Limited against the order dated 21.6.2004 made in WC.No.19/2003 by the Deputy Labour Commissioner for Workmen Compensation, Salem.2. The brief facts giving rise to this appeal are stated as below:-The Respondents 1 to 3 herein are the claimants and they had filed the claim petition for compensation in respect of the death of Thangaraj, who is the son of the 1st Respondent and the brother of the Respondents 2 and 3. It is the case of the Respondents 1 to 3 that Thangaraj was engaged by the 4th Respondent Mathian as a loadman for carrying tiles in the Tractor-Trailer bearing Reg.No.TN-27-H-6855 belonging to the 5th Respondent Selvaraj. When the deceased Thangaraj was seated on the tiles loaded in the Trailer along with Mathiyan and the vehicle was proceeding near Raja Thottam, the Tractor-Trailer was being driven by its driver rashly and negligently, as a result of which, it fell down in a pit, due to which...
R.Murali and ors. Vs. the Principal Commissioner and Commissioner for ...
Court: Chennai
Decided on: Jun-07-2011
1. In all the three writ petitions, the petitioners have sought for calling of the records of the respondents dated 30.12.1994 made under Section 9(5) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act as well as the notification issued under Section 11(1) dated 14.02.1996 and the notification under Section 11(3) dated 12.06.1996 and after setting aside the same seeks to forbear the respondents from interfering with the peaceful enjoyment of the lands comprised in Old S.No.49/1 (New S.NO.82/2) and Old S.No.49/2 (New S.No.82/2) of various extents belonging to the petitioners situated in Mathura Velappan Chavadi, Ambattur Taluk, Tiruvallur district and the proceedings should be declared to have been abated in the light of T.N.Act 20 of 1999 where the Urban Land Ceiling Act was repealed.2. The first writ petition was admitted on 08.04.2004. Pending the writ petition, this Court granted an interim injunction restraining the respondents from disturbing the possession of the property ...
The Management of Lingam Press Vs. the Presiding Officer and anr.
Court: Chennai
Decided on: Jun-07-2011
1. The petitioner is the Management of Lingam Press of Coimbatore. They have come forward to challenge the order dated 13.04.2010 of the first respondent Employees' Provident Fund Appellate Tribunal made in A.T.A.No.474(13)/2003 confirming the order dated 30.05.2003 of the second respondent Assistant Provident Fund Commissioner, Coimbatore.2.The writ petition was admitted on 28.04.2010. Pending the writ petition, this Court granted an order of interim stay on the condition that the petitioner should deposit a sum of Rs.37,000/- as a condition precedent for grant of stay. Now, it is admitted that the petitioner has complied with the said condition. On notice from this court, the second respondent has filed a counter affidavit dated 02.04.2011.3.The facts leading to the filing of the writ petition are as follows:(a) Initially a Printing Press by name Kaithari Achagam was running at No.3, Thomas Street, Coimbatore under partnership comprising of 3 partners namely Mr.A.Alagappan, Mr.N.Velu...
D.Karunamoorthy Vs. Director of Medical and Rural Health Services
Court: Chennai
Decided on: Jun-07-2011
1. The petitioner has filed the present writ petition seeking to challenge an order of the respondent, Director of Medical and Rural Health Services, Chennai, dated 11.10.2008 and the consequential order of suspension, dated 25.5.2010 and the order dated 28.05.2010 in not permitting the petitioner to retire from service and seeks to set aside the same.2.The petitioner was working as an Assistant in the office of the Joint Director of Health Services at Tiruvannamalai. By the impugned order, dated 11.10.2008, he was charge sheeted under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The charges levelled against the petitioner includes demanding and accepting of illegal gratification of Rs.4000/- from one Kumaraguru of Arni Palayam for arranging and to issue permission letter to 20 General Nursing Midwife students of first year of 2004-05 of St.Mary's Hospital and Institute of Bio Medical Technology for the purpose of undergoing clinical training at Taluk Head...
G.Balasubramanian and anr. Vs. the Assistant Commissioner, (Land Refor ...
Court: Chennai
Decided on: Jun-07-2011
1. The two writ petitioners have filed the Special Revision Petition under Section 83 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (for short Act) before the Tamil Nadu Land Reforms Special Appellate Tribunal, challenging an order of the second respondent dated 22.12.2000, dismissing the revision petition. The said revision petition was taken on file as S.R.P.No.34 of 2001.2. In view of the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as CRP No.1909 of 2003. However, a learned Judge of this court opined that no Civil Revision Petition will lie as the officers whose orders under challenge were not a Court but only statutory authorities. Therefore, the CRP was converted into writ petition and notice was ordered.3. The case of the petitioners before the Tribunal was that the first and second petitioner were husband and wife. The first respondent initiated action against the petitioners under Tamil Nadu Act 58/61 as amen...
C.Govindasamy Vs. the Regional Provident Fund Commissioner and ors.
Court: Chennai
Decided on: Jun-07-2011
1. The petitioner who is a workman employed by the third respondent Madras Race Club has filed the present writ petition seeking to challenge the order dated 19.11.2007 as well as 11.01.2008 passed by the second respondent Assistant Provident Fund Commissioner, Chennai.2.In the writ petition, notice of motion was ordered on 14.03.2008. Subsequently, when the matter came up on 26.11.2010, the same was admitted. But no interim order was granted despite the petitioner made an application for the same in M.P.No.1 of 2008. On notice from this Court, on behalf of the respondents 1 and 2, initially a counter affidavit dated 02.02.2009 was filed and subsequently another counter affidavit dated 18.04.2011 was also filed. On behalf of the third respondent, a counter affidavit dated 20.04.2011 was filed by the Additional Secretary (Legal & PR), Madras Race Club, Chennai.3.The contention of the petitioner is that he joined the third respondent Club on 07.04.1969 and also became a Member of the...
Sri Shipping Services Vs. Commissioner of Customs and C.Ex., Coimbator ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jun-07-2011
Per Jyoti Balasundaram 1. The challenge in this appeal is to the order of suspension of operation of the appellants CHA licence in terms of Regulation 20 (2) of the Customs House Agents Licensing Regulations, 2004 for involvement in the attempt of M/s.Tirupur Pandit Hosiery Mills Pvt. Ltd., Tirupur of smuggling of red sander wood logs in an export consignment of combed yarn - the challenge is on the ground that suspension was ordered well beyond the period of 15 days from the date of receipt of the report from the investigating authority, as per the requirement of Regulation 20 (2) and on the ground that no post-decisional hearing has been granted within a period of 15 days from the date of suspension, as required in terms of Regulation 20 (3). 2. Heard both sides. We find that the DRI letter dt. 22.7.2010 to take action against the CHA was received in the office of the Commissioner of Customs, Chennai (where the CHA was also operating) on 27.7.2010; the order of prohibition of operati...
NLC Officers' Association Vs. Government of India And Anr.
Court: Chennai
Decided on: Jun-06-2011
1. The writ petitioner Association viz., NLC Officers Association has filed the present writ petition through its General Secretary, challenging the orders of the second respondent, Neyveli Lignite Corporation Ltd., dated 05.02.2011, by which the second respondent has issued a circular, modifying the working hours and holidays for the executives working in general shift and administrative offices.2. The second respondent is stated to have consisted about 4000 staff members out of whom, around 500 staff members working on the executive and administrative side are stated to be the members of the petitioner Association and the writ petition is filed on behalf of the members of the Association to set aside the circular issued by the second respondent, by which according to the petitioner Association, the service condition has been altered unilaterally, viz., the working hours which was 10 a.m. to 5 p.m. has been changed from 9 am to 5.30 pm and the number of holidays has been reduced from ...
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