Chennai Court March 2012 Judgments
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M.Palanisamy Vs. the Commissioner
Court: Chennai
Decided on: Mar-20-2012
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose the appeal dated 2.1.2012. For Petitioner : Mr.K.Kalyanasundaram For Respondents: Mr.V.Jayaprakash Narayanan AGP (W)O R D E R1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.2. The learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the appeal of the petitioner, dated 2.1.2012, is directed to be disposed of by the first respondent, on merits and in accordance with law, within a specified period.3. The Additional Government Pleader appearing for the respondents, has no objection for such an order being passed by this Court.4. In view of the submissions made by the learned counsels appearing on either side, the first respondent is directed to dispose of the appeal, dated 2.1.2012, after giving an opportunity of person...
Darussalam Higher Secondary School Vs. the State of Tamil Nadu.
Court: Chennai
Decided on: Mar-20-2012
PrayerWrit petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for records of G.O.Rt.No.104 Education Department dated 12.07.2002 and G.O.Rt.No.39 Education Department dated 21.03.2003 and quash the same insofar as it permits conversion of music and tailoring teachers only and consequently direct the respondents 2 and 3 to approve the appointment by the petitioner of Mrs.P.N.Asma as vocation instructor in tailoring in Darussalm Higher Secondary School, Kadayanallur from 30.06.2006.ORDER1. In this writ petition, the petitioner has challenged G.O.Rt.No.104, Education Department, dated 12.07.2002 and G.O.Rt.No.39, Education Department, dated 21.03.2003 and consequently, seeking for a direction to the respondents 2 and 3 to approve the appointment of one Mrs.P.N.Asma as Vocational Instructor in tailoring in Darussalm Higher Secondary School, Kadayanallur with effect from 30.06.2006.2.The case of the petitioner is that it is a ...
Burn Standard Co. Ltd Vs. Commissioner of Central Excise, Salem
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Mar-20-2012
Per Mathew John, J. 1. There is a delay of 56 days in filing the appeal. Appellant submits that this delay happened as their company was taken over by M/s.Steel Authority of India Ltd. and there has been some delay in office consequent to such changeover of the management and that the delay was not due to negligence. Considering the explanation given, the delay is condoned and the COD application is thus allowed. 2. The dispute involved in this case is that the appellant is using inputs in the manufacture of both exempted and dutiable products and the appellants did not follow procedures prescribed in Rule 6 of the Cenvat Credit Rules, 2004 and did not maintain separate accounts in respect of goods used in the manufacture of exempted products. Consequently, the Revenue proposed to demand 10% of the value of exempted products as per provision in Rule 6(3). For certain period, the amount demanded is 5% in view of change in the rate prescribed under Rule 6 (3) of C...
Thirumangalam Nagar Vyabarigal Sangam. Vs. the Commissioner.
Court: Chennai
Decided on: Mar-19-2012
PrayerWrit Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records relating to the impugned notification of the respondent Municipality published in District Gazette Madurai dated 21.11.2011 and quash the same insofar inviting public auction -cum- tender for grant of licence to collect fees from the members of the petitioner-sangam for carrying on trade or business activities in their own shops or as a tenant and also for loading and unloading vehicles engaged for bringing and selling their goods etc., at Chinnakadai Veethi, Thelungar Street, Gurunathan Koil Street, Valayalkara Street, Uthandan Street, Mappillai Vinayagar Koil Street and Market Street, more fully described in item- 1 at page 17 of the impugned notification of the respondent dated 21.11.2011.ORDER1. The notification issued by the Thirumanglam Municipality calling for public auction -cum- tender for grant of licence to collect fees from the s...
Ms.Senthil Andavar Traders Vs. the Deputy Superintendent of Police and ...
Court: Chennai
Decided on: Mar-19-2012
ORDER1. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, to forbear the respondents from interfering with the right of the petitioner and its customers to transport sand, from Puducherry to Kerala, with valid documents.2. The learned counsel appearing on behalf of the respondents had submitted that the respondents are not interfering with the transportation of sand, arbitrarily and illegally, as alleged by the petitioner. The action taken by the respondents, if any, is only with the intention of curbing illegal transportation of sand, contrary to the relevant provisions of law. As such, the petitioner, as well as its customers, who are said to be purchasers of sand, should satisfy the legal requirements for such transportation, as prescribed by law. Therefore, it is not open to the petitioner to state that the authorities concerned, including the respondents herein, should refrain from stopping and checking the vehicles transporting ...
S.R.Kangeyan Vs. Ms.Indian Potash Ltd.
Court: Chennai
Decided on: Mar-19-2012
Prayer : Criminal Original Petition filed u/s.482 Cr.P.C., to call for the records and quash the proceedings in CC.No.316/1998 initiated by the respondent / complainant by grossly abusing and misusing the provisions of the Special Enactment under Negotiable Instruments Act, by calling for the records of the trial court, i.e., learned XIII Metropolitan Magistrate, Egmore, Chennai.O R D E R1. The petitioner who has been arrayed as the third accused out of three accused, has come forward with this petition seeking for the relief of quashing the proceedings initiated against him by the respondent / complainant for the offence u/s.138 of the Negotiable Instruments Act.2.Mr.M.Balasubramanian, learned counsel appearing for the petitioner brought to the notice of this court that the petitioner along with the other accused, viz., A1/Company and A2 [another Director] have filed a quashing petition in Crl.O.P.No.10519/1999 and the same was dismissed by this court by the order dated 12.04.2001. It...
M.G.Saravanan Vs. the Manager.
Court: Chennai
Decided on: Mar-19-2012
PrayerWrit Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the second respondent herein to forthwith provide security for construction of compound wall in the petitioner's property in Shed-D4, measuring 3234 square feet, SIDCO Industrial Estate, Ariyamangalam, Trichy.ORDER1. The petitioner seeks a Writ of Mandamus, directing the Inspector of Police, Ariyamangalam Police Station, to provide security for construction of a compound wall to protect his property bearing Shed No.D4, SIDCO Industrial Estate, Ariyamangalam, in the district of Trichy.2. The plot bearing Shed No.D4 was originally allotted to one M.Hidayathullah. The original allottee constructed a building in the said plot. The allottee, after construction of a building, sold it to A.Habibullah and Mrs.Ummal Forida Beevi. The petitioner, thereafter, purchased the property as per sale deed dated 06 March, 2009. The petitioner was recognized as the allottee by...
Ms.Emjay Constructions. Vs. the Assistant Commissioner and ors.
Court: Chennai
Decided on: Mar-19-2012
ORDER1. This writ petition came to be posted on being specially ordered by the Honourable Chief Justice, vide order dated 15.03.2012. In this case, the petitioner, who is the Engineering Contractor engaged by the fourth respondent viz., Neyveli Lignite Corporation aggrieved by the communication sent by the Deputy Commissioner for Labour, Labour II, Chennai-6 (wrongly shown as Assistant Commissioner of Labour II in the cause title) dated 16.03.2004 directing the petitioner to deposit a sum of Rs.4,25,475/- by issuing a cheque drawn in favour of the Commissioner within 30 days, failing which appropriate interest will be levied on delayed payment has come before this Court.2. In the communication dated 16.03.2004, which was impugned in the writ petition, it is stated that one Chellapandian, who was engaged for the construction of water treatment plant by the Neyveli Lignite Corporation capable of producing 60 million liters per day died in the course of accident arising out of his employm...
Ms.Anchor Breweries Ltd Vs. the Commissioner of Income Tax
Court: Chennai
Decided on: Mar-19-2012
O R D E R1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing on behalf of the respondents.2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if this Court is pleased to permit the petitioner to make a representation to the second respondent, with regard to the return of the sale deed, dated 22.1.1973, registered on 13.2.1996, along with the other relevant documents, and on such representation being made, the second respondent is directed to consider the same and pass appropriate orders thereon, within a specified period.4. The learned counsel appearing on behalf of the respondents, has no objection for such an order being passed by this Court.5. In view of the limited relief sought by the learned counsel appearing for the petitioner, without going into the merits of the case, the petitioner is permitted to make a representation to the second responde...
Vinoth Kumar Vs. the Director of Agriculture and ors.
Court: Chennai
Decided on: Mar-19-2012
PRAYER IN W.P.No.4620 of 2007 (O.A.No.6222 of 2001)This petition came to be numbered by transfer of O.A.No.6222 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 the first respondent dated 22.10.2000 issued Mu.No.97309 J2/2000 and the order passed in Mu.No.5259/a1/2000 dated 28.11.2000 of the second respondent with consequential relief for issuance of a writ in the nature of mandamus, directing the respondents to consider the petitioner's name for the post of P.G. Assistant on compassionate ground. W.P.No.17520 of 2011The writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Certiorari to quash the G.O.Ms.No.185, Labour and Employment (O2) Department, dated 04.10.2006 in so far as the petitioner is concerned and the consequential order of the third respondent bearing Na.Ka.No.2117/2008/A1 dated 31.05.2011 with consequential relief for is...
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