Chennai Court February 2012 Judgments
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A.Subramani Vs. Tamil Nadu Electricity Board
Court: Chennai
Decided on: Feb-23-2012
PRAYERWrit Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent Nos.1 to 3 to provide adequate compensation of Rs.10 lakhs to the petitioner for the loss of his mother's life viz., A.Veerayeeammal due to electrocution caused by the negligence of the respondent Nos.4 and 5 and initiate appropriate disciplinary proceedings against the respondent Nos.4 and 5 for failing in their duty within the stipulated period in accordance with law.ORDER1. The petitioner seeks a Writ of Mandamus, directing the Tamil Nadu Electricity Board to pay a sum of Rs.10,00,000/- [Rupees ten lakhs only] as compensation on account of the death of his mother, due to electrocution.BRIEF FACTS:2. The mother of the petitioner by name A.Veerayeeammal was living with him at Kandamanayakanur Village, Dindigul. The petitioner was working as a milk vendor and his mother, who was hale and healthy, even at the age of 70 years, used to assist...
P.Nallasivam Vs. the Secretary to the Government
Court: Chennai
Decided on: Feb-23-2012
Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ in the nature of certiorari, to quash the order passed by the 1st respondent vide letter No.22427/AA3-04-13 dated 04.02.2008 and the letter of the 2nd respondent vide No.P&A2/16198/2010 dated 06.05.2010 with consequential relief for issuance of a writ in the nature of mandamus, directing the respondents to appoint the petitioner as Assistant Agricultural Engineering Foreman or Assistant Soil Conservation Officer or any other suitable post in the Agricultural Engineering Department.O R D E R1. The prayer in this writ Petition is for issuance of a writ in the nature of certiorari, to quash the order of the first respondent No.22427/AA3-04-13 dated 04.02.2008, and the order of the 2nd respondent P&A2/16198/2010 dated 06.05.2010. The prayer is also made for issuance of writ, in the nature of mandamus, to direct the respondents to appoint the petitioner as Assistant Soil Conservation Officer or to o...
N.Ganesan Vs. Tamil Nadu Electricity Board Rep. by Its Chairman.
Court: Chennai
Decided on: Feb-23-2012
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 13.11.2009, made in W.P.No.3311 of 2009.COMMON JUDGMENT(Judgment of the Court was delivered by Justice Elipe Dharma Rao.)1. These writ appeals are directed against the common order, dated 13.11.2009, made in W.P.No.3307 of 2009 etc. batch, whereby the writ petitions filed by the petitioners/appellants seeking a direction to the respondents 1, 2 and 4 therein to pass orders selecting and appointing them as Technical Assistant (Electrical) from the date on which 66 others were selected and appointed as Technical Assistant (Electrical) pursuant to the order in Letter No.127614/1339/G3/G3(2)/08-1 dated 24.12.2008 of the 2nd respondent with arrears and consequential benefits without reference to the clarification issued by the office of the 3rd respondent in his Letter No. 42975/Y3/CDC/2008, dated 23.10.2008, was dismissed.2.It is the case of the appellants that they were selected through the employmen...
T.Kuppuswamy Vs. the Special Officer
Court: Chennai
Decided on: Feb-23-2012
Prayer in W.P.No.6976/2006: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent dated 30.11.2004 in Na.Ka.9571/2003 A3 confirming the order of the first respondent dated 04.08.2003 in Na.Ka.1/2002 TA and quash the same and direct the respondents to give all service benefits to the petitioner. Prayer in W.P.No.4360/2006: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent dated 22.07.2004 and quash the same and direct the first respondent to pay the unpaid subsistence allowance in full amounting to Rs.39,227/- to which the petitioner is legally entitled to with 18% interest thereon.COMMON ORDER1. W.P.No.6976/2006 is filed, challenging the order of the second respondent dated 30.11.2004 in Na.Ka.9571/2003 A3, confirming the order of the first respondent dated 04.08.2003 in Na.Ka.1/...
Ms.Sri Rama Textiles Spinning Vs. the Assistant Commissioner.
Court: Chennai
Decided on: Feb-23-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent herein to permit the petitioner to pay the entire arrears of Tax amounting to Rs.1,29,714/- relating to the Assessment Year 2008-2009 under the CST Act, 1956 in 15 equated monthly installments.O R D E R1. Mr.S.Kanmani Annamalai, the learned Government Advocate, takes notice for the respondent.2. Heard the learned counsels appearing for both sides.3. At this stage of the hearing of the writ petition, the learned Government Advocate appearing for the respondent had submitted that the entire arrears of tax, amounting to Rs.1,29,714/-, may be directed to be paid by the petitioner, in ten equated monthly installments, beginning from 10.3.2012.4. The learned counsel appearing for the petitioner had consented to pay the entire arrears of tax amount, as stated by the learned Government Advocate appearing for the respondent.5. In view of the above, t...
Tamil Nadu Tourism Development Vs. the Presiding Officer
Court: Chennai
Decided on: Feb-23-2012
PETITION under Article 226 of The Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the Award dated 20.11.2006 made in I.D.No.67 of 2000 on the file of the first respondent herein and to quash the same.O R D E R1. The Writ Petition is filed by the Tourism Development Corporation of Tamil Nadu challenging the award passed by the Labour Court in I.D.No.67 of 2000 dated 20.11.2006. By the impugned award, the Labour Court directed reinstatement of the second respondent without backwages and other attendant benefits.2. The Writ Petition was admitted on 06.08.2007. Pending the Writ Petition, this Court granted an order of interim stay. Though the second respondent was served as early as 24.9.2007, he has not chosen to appear before this Court either in person or through counsel.3. It is seen from the records that the second respondent was employed as kitchen mate in the hotel run by the petitioner Corporation at ...
Ms.S.S.impex Vs. the Commissioner of Customs
Court: Chennai
Decided on: Feb-23-2012
Prayer: Petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing the respondents herein to release the goods One Container of Cosmetics viz., Assoted Remy Martin EDT Men & Women, Maxi EDT, Assorted Solara EDT Men & Women, Assorted Lomani EDT, Royal Mirage EDT, Assorted Lomani Deo, Maxi Deo, France Deo etc., imported vide Bill of Entry No.5025442, dated 27.10.2011, on the value assessed and for which duty amount of Rs.11,10,044/- was also been paid.O R D E R1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.2. The learned counsel appearing for the petitioner had submitted that the petitioner had imported cosmetic goods from M/s.Falcon Gulf Logistics Pte., Ltd., Singapore, vide Invoice No.FGL/797/2011, dated 14.10.2011. The Bill of Entry No.5025442, dated 27.10.2011, had also been filed and the petitioner had claimed the clearance of the goods, for home consumption. However, t...
A.Mani Vs. the District Employment Officer
Court: Chennai
Decided on: Feb-23-2012
PRAYER: This petition came to be numbered by transfer of O.A.No. 6635 of 2001 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the order of recovery passed by the respondent in his Proc. No.A1/4857/2001, dated 27.09.2001.O R D E R1. The petitioner was appointed as Junior Assistant through employment exchange and joined service in the year 1983.2 Thiru Ashok Husain was advanced loan to the tune of Rs.30,000/- (Rupees thirty thousand only) by the The Salem District Employees Co- operative Society and the petitioner stood surety for him. Thiru Ashok Husain holding the post of Assistant, has 30 years service to his credit. He absented from office for a period of one year citing family circumstances. The Special Officer of the Society in exercise of statutory power requested the respondents to recover the amount by enforcing security.3 The submission of the petitioner is that Special Officer was bound to proceed against Th...
C.Nanda Kumar Vs. the Union of India
Court: Chennai
Decided on: Feb-23-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a Wit of Mandamus, directing the respondents to allot marks to the petitioner for the questions which carried multiple correct answers or questions with wrong answers for the Foreign Medical Graduation Exam, which was conducted on September 2011, by the 3rd respondent, so as to enable the petitioner to clear the Foreign Medical Graduation Exam .O R D E R1. The petitioner prays for issuance of a writ in the nature of Mandamus, directing respondents to allot marks to the petitioner for the questions which carried multiple correct answers or questions with wrong answers for the Foreign Medical Graduation Exam (FMGE), which was conducted on September 2011, by the National Board of Examinations, New Delhi, so as to enable the petitioner to clear the Foreign Medical Graduation Exam.2. The petitioner qualified his M.D. Doctor of Medicine Course in Russia, by securing 84% marks. The petitioner, with a...
Ms.C.R.Tiles Vs. the State of Tamil Nadu.
Court: Chennai
Decided on: Feb-23-2012
Revision Petitions presented to the Tamil Nadu Taxation Special Tribunal, Chennai, now transferred to this Court and numbered as T.C.(R)Nos.1472, 1512, 1526, 1527, 1531, 1542, 1544, 1545, 1556 and 1580 of 2006, to revise the common order of the Sales Tax Appellate Tribunal (Addl. Bench), Madras, dated 13.08.2001 passed in T.A.NOS.399/2000 & COP nO.201/2000, 400/2000 & COP 203/2000, 401/2000 & COP 204/2000, 402/2000 & COP 205/2000, 403/2000 & COP 206/2000, 443/2000 & COP 224/2000, 479/2000 & COP 207/2000, 480/2000 & COP 202/2000, 708/2000 AND 709/2000 for the assessment years 1987-88, 1989-90, 1990-91, 1992-93, 1994-95, 1988-89, 1991-92, 1993-94, 1995-96, 1996-97, 1992-93, 1991-92 and 1990-91 respectively.COMMON ORDER(Order of the Court was made by D.MURUGESAN, J.)1. These batch of Tax Case Revisions are at the instance of the assessee raising the following questions of law:-1. Whether the Appellate Tribunal was correct in holding that the contract of supply, laying and polishing of the...
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