Chennai Court October 2012 Judgments

Arulmigu Vaithianathaswamy Devasthanam Rep. by Its Hereditary Trustee ...

Court: Chennai

(Prayers: W.P.No.13918 of 2012:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari fied Mandamus calling for the records of the 3rd respondent relating to his proceeding in Na.Ka.1098/2012/Aa2 dated 24.04.2012 and also his consequential order dated 03.05.2012 and to quash the same and to further direct the 3rd respondent to approve the proposal dated 07.02.2012 sent by the petitioner. W.P.No.13919 of 2012:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the 1st respondent relating to Government Order in G.O.Ms.No.257, Tamil Development, Culture, Religious Endowments and Information Department, dated 30.06.2010 and to quash the same.) Common Order: 1. Since almost common issues are involved in these two writ petitions and the parties are also same, both the writ petitions were heard together and they are disposed of by means of this common order. 2. This is a...

T. Umavathy Vs. the Sub Inspector of Police

Court: Chennai

The following Criminal Original Petitions and M.Ps have been filed praying for the reliefs mentioned against each as detailed below: Sl.NoCrl.O.P.NosRank of the petitionerRelief112770 of 2012A.4Interim Anticipatory bail granted and periodically extended213338 of 2012A.9Interim Anticipatory bail granted and periodically extended313507 of 2012A.3Bail granted with condition413629 of 2012A.5Bail granted with condition5M.P.No.3 of 2012 in 13629 of 2012 Cancel the bail granted on 13.6.20126M.P.No.3 of 2012 in 13507 of 2012 Cancel the bail granted on 13.6.20127M.P.No.1 of 2012 in 12770 of 2012 Permission to intervene8M.P.No.2 of 2012 in 12770 of 2012 For Relaxation9M.P.No.1 of 2012 in 13338 of 2012 Permission to intervene2. The case of the prosecution is that the property orginally belonged to one Munusamy as per the Sale Deed dated 07.01.1900. The mother of the de-facto complainant Elangali Ammal purchased a specific extent by a registered sale deed dated 11.7.1938. The property is situate...

Kadalpura Mahalir Suya Udhavikulu Rep. by President R. Valarmathi Vs. ...

Court: Chennai

(PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent to permit the petitioner to quarry stone from the leasehold land bearing S.F.No.27/1A Block-3A admeasuring 1.00.0 Hectare of Elambalur Village Perambalur Taluk and District for a period of 2 years and 7 months from the date of issue of transport permit after 11.1.2012 i.e. the date of expiry of lease.) The petitioner is a women Self Help Group, viz., Kadalpura Mahalir Suya Udhavikulu. The petitioner was granted lease on 28.12.2006 to quarry an extent of 1.00.0 Hectare of poramboke land bearing S.F.No.27/1A, Block-3A, Elambalur Village, Perambalur Taluk and district for the period from 12.01.2007 to 11.01.2012. The lease was granted after the petitioner was selected among the applicants who are also Self Help Groups. 2 On 4.5.2008, at about 00.15 hours, there was an explosion at Dhanalakshmi Crusher Unit which is situated about 1= K.M. away from the...

P.T. Ramakrishnan Vs. the District Collector, Kanchipuram and Another

Court: Chennai

(Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second respondent to stop taking water from the Well of the petitioner's property situated at Plot No.B/1, Old S.No.183/1, 2, 3 & 4 and as per Patta New S.No.183/30, Patta No.875 situated at Old Village Nos.99 and 87, Arunagiri Street, Devaraj Nagar Extension, New Village No.1, Anakaputhur Village.) Heard Mr.K.J.Saravanan, learned counsel for the petitioner and Ms.V.M.Velumani, learned Spl.G.P. appearing for the respondents. 2. The petitioner has come before this Court for a direction to direct the second respondent to stop taking water from the Well of the petitioner's property situated at Plot No.B/1, Old S.No.183/1, 2, 3 & 4 and as per Patta New S.No.183/30, Patta No.875 situated at Old Village Nos.99 and 87, Arunagiri Street, Devaraj Nagar Extension, New Village No.1, Anakaputhur Village. 3. According to the petitioner, he is the owner of the property and ...

Sri Nithyananda Swami Vs. S. Arathi Rao and Others

Court: Chennai

Reported in: 2012(6)CTC74; 2012(7)MLJ796

(Prayer: This Original application is filed under Order XIV Rule VIII read with Order XXXIX Rule 1 and 2 of CPC seeking for an ad interim injunction restraining the respondents, their men, agents, servants, representatives or anybody acting on their behalf in any manner making statements, conducting any panel discussions, giving interview, exhibiting, broadcasting, telecasting, allegations, reports, clippings, visuals etc., either by direct or indirect reference to the applicant and his devotees touching upon the guilt or otherwise of the applicant in C.C.No.204 of 2010 and Crime No.782 of 2011 on the file of the Chief Judicial Magistrate, Ram Nagara District, Karnataka.) 1. This application is filed by the applicant / plaintiff seeking for an interim injunction restraining the respondents in any manner making statements, conducting any panel discussions, giving interview, exhibiting, broadcasting, telecasting, allegations, reports, clippings, visuals, etc., either by direct or indirec...

National Insurance Co. Ltd., Coimbatore Vs. Minor S. Sangamithra and O ...

Court: Chennai

(Prayer: Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the award and decree passed in M.A.C.T.O.P.No.934 of 2005, dated 25.3.2008 on the file of the Mortor Accident Claims Tribunal, (Subordinate Judge), Coimbatore. 1. This Appeal is filed by the Insurance Company, challenging the award passed in M.A.C.T.O.P.No.934 of 2005 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Coimbatore. 2. The brief facts which are necessary for the disposal of the above Appeal are as follows: a. The First Respondent is the Claimant before the Tribunal. Since the First Respondent is the minor, she is represented by her father as Guardian. It is the case of the First Respondent before the Tribunal that on the date of the accident, namely, 14.10.2004, while she was traveling in the Autorickshaw bearing Registration No. TN-37-B-6051 owned by the Third Respondent, since the driver of the Autorickshaw has driven the same in a rash and negligent manner and app...

Sumukha Enterprises Pvt. Ltd. Represented by Its Director, R. Jambunat ...

Court: Chennai

(Prayer: Petition filed seeking for a Writ of Certiorari to call for the records on the files of the Respondent herein in his G.D.No.116/12-13 dated 24.09.2012 and to quash the same.) 1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, appearing on behalf of the respondent. 2. By consent of both the parties, the writ petition is taken up for final disposal. 3. In view of the similar orders passed by this Court, in a number of writ petitions, including the order, dated 21.12.2010, made in W.P.No.29050 of 2010, the following order is passed: i) The petitioner shall pay the amount of tax of Rs.1,02,091/-, which is the amount of tax demanded by the authority concerned, while passing the detention order. ii) On payment of such tax amount, the goods detained shall be released and the same shall be subject to the final adjudication order, which may be passed by the authority concerned. iii) It is made clear that, while making recovery of th...

S. Jothilingam Vs. the Manager State Bank of India, Arumbakkam

Court: Chennai

(Prayer: Writ petition under Article 226 of the Constitution of India praying this Honourable Court to issue a writ of mandamus directing the respondent to grant educational loan for petitioner's son Parthiban, 2nd year Sakthi Mariamman Engineering College, Thandalam, Chennai-105 on the loan application dated 27.9.2011 appln No.9536 L.O.S.No.223670 and work flow No.124651.) The petitioner is a professional tailor. His son passed plus two examinations. Thereafter he joined B.E. (Civil Engineering) in Sakthi Mariamman Engineering College, Thandalam, Kancheepuram District. His son got admission under the Management quota. 2. The petitioner applied for educational loan on 26.9.2011 in the respondent-bank to enable his son to pursue B.E Course. The application was returned on 17.12.2011 by the bank on the ground that the petitioner is a defaulter at Aminjikarai branch of the respondent-bank. 3. The petitioner cleared the loan at Aminjikarai branch on 7.5.2012 and thereafter, he approach...

K. Ravi and Others Vs. the State Transport Authority, Chepauk

Court: Chennai

(Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus to direct the Respondent and his Subordinates, namely, All Regional Transport Officers, Motor Vehicle Inspectors to accept Motor Vehicles Tax for Tamil Nadu at the rate of 1/10th of quarterly tax or one month tax or one quarter tax when tendered voluntarily by the petitioner or in advance for 7 days or 30 days or 90 days use in Tamil Nadu instead of collecting 7 days tax per entry in to Tamil Nadu in respect of the Petitioner's Vehicle-PY-01/BA-7999.) Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. 2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that the issues involved in this writ petition are covered by the order of this Court, dated 24.4.2007 made in W.P.Nos.15061 to 15063 of 2007, and the order , dated 27.04.2011, passed in W.P.No...

Commissioner of Income Tax, Chennai Vs. M/S. Elnet Technologies Limite ...

Court: Chennai

(Prayer T.C.(A).Nos. 2336 and 2623 of 2006: Tax Case (Appeals) against the the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, dated 6.2.2006 and 12.6.2006 passed in I.T.A.Nos.3203/Mds/04 and 1451/Mds/2002 for the assessment year 2001-02 and 1995-96. T.C.(A).No. 2169 of 2008: Tax Case (Appeal) against the the order of the Income Tax Appellate Tribunal, Madras 'B' Bench, dated 31.10.2002 passed in I.T.A.No.1606/Mds/1999 for the assessment year 1996-97.) CHITRA VENKATARAMAN, J. 1. The above Tax Case (Appeals) are at the instance of the Revenue against the order of the Tribunal relating to assessment years 2001-02, 1995-96 and 1996-97 respectively by raising the following substantial questions of law:- "1. Whether in the facts and in the circumstances of the case the Tribunal was right in holding that the income derived from letting out of property to the tenants for the purpose of running a software technology park as 'income from business' in the h...