Chennai Court March 2012 Judgments
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P.Palanivel Vs. the District Collector
Court: Chennai
Decided on: Mar-07-2012
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the respondents herein to consider the representation of the petitioner dated 08.02.2012 and to conduct public auction in respect of the quarrying lease of blue metal in Survey No.197/1, Athanoor Village, Rasipuram Taluk, Namakkal District.ORDER1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.2. By consent of both the parties, the writ petition is taken up for final hearing and disposal.3. The learned counsel appearing on behalf the petitioner has submitted that it would suffice if the first respondent is directed to dispose of the representation, dated 08.02.2012, on merits and in accordance with law, within a specified period.4. The learned Government Advocate appearing on behalf of the respondents, has no objection for such an order being passed by this Court.5. In view of the submissions made by t...
S.Selvaraj Vs. the Principal Secretary
Court: Chennai
Decided on: Mar-07-2012
Writ petition is filed under Article 226 of Constitution of India for the issuance of writ of certiorari, calling for the records of the 1st respondent in G.O.Ms.No.658 dated 07.12.2010 and quash the same with respect to the lands classified as Thangal Poramboke situated in S.No.36 to an extent of 0.48.0 hectares, Madhavaram village, Hamlet of Thatchoor in Ponneri Taluk, Tiruvallur District to which permission has been granted to the 6th respondent to own the same by exchange of their patta landed property in Hamur Mallivakkam Village, Ponneri Taluk, Tiruvallur District.O R D E R1. Petitioner prays for issuance of writ, in the nature of certiorari, to quash the impugned G.O.Ms.No.658 dated 07.12.2010, of the Revenue Department, vide which the land falling in S.Nos.36,45 and 63 at Ponneri Taluk, No.76, Thatchur-1, Mathura ii, Madharavam village, measuring 1.26.0(A) 3.11 acres has been ordered to be exchanged with the land of M/s. Nelcast Company.2. The challenge to the exchange, is on t...
Aziz Snack Bar Vs. Mr.Prashanth Kumar J.Jain
Court: Chennai
Decided on: Mar-07-2012
PRAYER: This Civil Revision Petition has been filed under Section 25(1) of the Tamil Nadu Buildings Lease and Rent Control Act 1960 against the order and decreetal order dated 15.12.2009 made in M.P.No.494 of 2009 in R.C.A.No.815 of 2007, in R.C.O.P.No.2232 of 2006 on the file of VIII Court of Small Causes at Chennai.O R D E R1. This revision is directed against the order passed by the learned Rent Control Appellate Authority passed in M.P.No.494 of 2009 in R.C.A.No.815 of 2007 dated 15.12.2009 in refusing to appoint Commissioner as sought for by the appellant/tenant.2. The revision petitioner was the appellant/tenant and petitioner before the Rent Control Appellate Authority and the respondents are the respondents/landlords and the respondents before the Rent Control Appellate Authority.3. The case of the petitioner before the Rent Control Appellate Authority would be as follows:-i) The respondents/landlords herein filed the eviction petition against the petitioner on the ground of ow...
M.indira Vs. State of Tamilnadu
Court: Chennai
Decided on: Mar-07-2012
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, to call for the records from the 1st respondent pertaining to the impugned notification G.O.Ms.No.52, Environment and Forest (FR14) 9th April 2007 through the Tamil Nadu Government Gazette dated 18.04.2007 and quash the same.COMMON ORDER1. As per the information sheet on Ramsar Wetlands (RIS) issued by the Chennai Circle of the Forest Department, Government of Tamil Nadu, Pallikaranai Marsh is one amongst the few last remaining natural wetlands of South India. It is situated about 20 Kms south of Chennai city. Formerly, it was in Kancheepuram District and now, it forms part of Chennai metropolis.2.Thirty years ago, Pallikaranai Marsh measured more than 5000 hectares and now majority of swamp land is lost, due to the occupation by the Habitats, IT Parks, Roads, Highways, Multi-National Companies, Institutions, MRTS Hospital etc. as per the information sheet, referre...
M.Veersamy Vs. State of Tamilnadu.
Court: Chennai
Decided on: Mar-07-2012
W.P.(MD)No.8355 of 2011 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the third respondent to constitute a special investigating team led by a gender sensitive police officer not below the rank of D.S.P consisting of experienced and sensitive police officers preferably female and to transfer the investigation of Crime No.331 of 2011 from the fourth respondent to the newly constituted special team for the effective investigation of the case in the light of the guidelines evolved by the Honourable Supreme Court in Delhi Domestic Working Women Forum Vs. Union of India and Sakshi Vs. Union of India and directing the second respondent to take necessary steps to restore confidence among the girl students of the Government High School, Podhumbu by involving Child Welfare Committee and other agencies if necessary.W.P.(MD)No.12572 of 2011 has been preferred under Article 226 of the Constitution of India praying for the is...
G. Janobai Vs. V.N. Devadoss.
Court: Chennai
Decided on: Mar-07-2012
Appeal filed under Section 96 of the Civil Procedure Code against the judgment and decree dated 21.8.2007 in O.S.No.222 of 2004 on the file of the Additional District Court (Fast Track Court-III), Poonamallee.JUDGMENTG.M. AKBAR ALI,J.,1. Appeal filed under Section 96 of the Civil Procedure Code against the judgment and decree dated 21.8.2007 in O.S.No.222 of 2004 on the file of the Additional District Court (Fast Track Court-III), Poonamallee.2. The defendants are the appellants. The suit is filed for specific performance of the contract dated 2.9.1996. The brief facts of the case are as follows:3. The plaintiff and the defendants entered into a sale agreement dated 2.9.1996 and the defendants agreed to sell the suit property to an extent of 10.83 acres comprised in various survey numbers in Srinivasapuram village of Sriperumbudur for a sale consideration of Rs.2,49,09,000 at the rate of Rs.23,000/-per cent. The plaintiff paid a sum of Rs.25,00,000/- as advance and agreed to pay the ba...
Tamil Nadu Civil Supplies Vs. the Management of Tamil Nadu
Court: Chennai
Decided on: Mar-07-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the respondent Corporation in connection with the issual of the impugned order of transfer bearing RC.No.H2/135976/2002-I dated 29.10.2002 and the consequential order bearing RC.No.H2/135976/2002-II of the respondent Corporation issued on the same date, quash the same and award the costs.O R D E R1. This Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records of the respondent Corporation in connection with the issual of the impugned order of transfer bearing RC.No.H2/135976/2002-I dated 29.10.2002 and the consequential order bearing RC.No.H2/135976/2002-II of the respondent Corporation issued on the same date, quash the same and award the costs.2. Tamil Nadu Civil Supplies Corporation Employees' Union has filed this writ petition challenging the order of transfer dated 29.10.2002 in respect of three Quality Inspectors wor...
Ms.Lakshmi Saraswathi Cotton Vs. the Assistant Commissioner (Ct)
Court: Chennai
Decided on: Mar-07-2012
Prayer in W.P.No.4641 of 2012: Petition filed under Article 226 of Constitution of India, seeking for Writ of certiorari, to call for the impugned proceedings of the respondent in CST Asst. No.420551/2006-07 dated 09.01.2012 and to quash the same as illegal and contrary to the principles of assessment under the provisions of the CST Act, 1956. Prayer in W.P.No.4642 of 2012: Petition filed under Article 226 of Constitution of India, seeking for Writ of certiorari, to call for the impugned proceedings of the respondent in CST Asst. No.420551/2007-08 dated 09.01.2012 and to quash the same as illegal and contrary to the principles of assessment under the provisions of the CST Act, 1956.COMMON ORDER1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondent.2. At this stage of the hearing of these writ petitions, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the i...
Ms. Premier Enterprises Vs. Government of IndiA.
Court: Chennai
Decided on: Mar-07-2012
Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring impugned Circular No.39/2001-Cus dated 6.7.2001 passed by the first respondent as ultra vires the provisions of the Customs Act 1962, Customs and Central Excise Duty Draw Back Rules, 1995, Article 14 and 265 of the Constitution of India and contrary to Circular No.68/97-Cus.dated 2.12.1997 as far as the petitioner is concerned.ORDER1. This writ petition is filed to issue a Writ of Declaration declaring impugned Circular No.39/2001-Cus dated 6.7.2001 passed by the first respondent as ultra vires the provisions of the Customs Act 1962, Customs and Central Excise Duty Draw Back Rules, 1995, Article 14 and 265 of the Constitution of India and contrary to Circular No.68/97-Cus.dated 2.12.1997 as far as the petitioner is concerned.2. The present writ petition is filed challenging the circular No.39 of 2001, dated 6.7.2001. This Court by a common order in W.P.Nos. 43970 & 43977 of 2002 h...
D.Mohanraj Vs. K.Khader Nawaz
Court: Chennai
Decided on: Mar-07-2012
Civil Revision petition filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the fair and decretal order dated 24.1.2006 made in M.P.No.171 of 2005 in R.C.A.No.1310 of 2004 on the file of the VII Court of Small Causes at Chennai (Appellate Authority).O R D E R1. This revision is directed against the order passed by the learned Rent Control Appellate Authority in M.P.No.171 of 2005 dated 24.1.2006, an application filed under section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.2. The revision petitioner is the respondent/tenant and the respondent herein is the petitioner/landlord before the learned Rent Control Appellate Authority.3. The case of the petitioner/landlord before the learned Rent Control Appellate Authority would be as follows:The respondent is a tenant in respect of a shop on a monthly rent of Rs.500/- excluding the electricity charges. RCOP.No.1896 of 2003 was filed by the petitioner for eviction of the responde...
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