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Chennai Court April 2012 Judgments

Apr 27 2012

Pig Farmers Association. Vs. the Chief Secretary, Government

Court: Chennai

Decided on: Apr-27-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the respondents herein to create clear awareness about the cause and transmission, prevention and cure of the Influenza A(H1N1) fever by announcing and publishing through Media and Newspapers particularly it was not caused and transmitted by pigs and consequently to direct the respondents herein to take appropriate measures to prevent the media and newspapers from depicting and publishing Influenza A(H1Na) as "Swine Flu" in English and " gd;wpf; fha;r;ry; " in Tamil.ORDER1. Whether at the instance of the petitioner Association can the State be directed to create awareness by publishing in the Media (Electronic) and newspapers that A(H1N1) Influenza is caused by the virus transmitted from human to human and not by Pigs and the common name Swine Flu cannot be attributed to Pigs kept by the members of the petitioner association in their Pigsties for selling ...

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Apr 27 2012

Gomuki Spinning Mills Ltd. Vs. Tamil Nadu Electricity Regulatory Commi ...

Court: Chennai

Decided on: Apr-27-2012

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent of the Memo No.CE/Comml/EE/DSM/F.Power Cut/D.48/2012 dated 29.2.2012 in so far as the petitioner is concerned and quash the same as illegal and consequently forbear the 2nd and 3rd respondents from interfering with the petitioner's rights to buy and consume power from third party sources or Indian Energy Exchange/power generated through CPP and Wind Mills and the excess energy banked at the credit of the petitioner to meet the power requirements of the petitioner during power holidays, evening peak hours and load shedding periods as provided under the Electricity Act 2003, Intra-State Open Access Regulations, 2005 and Inter-State Open Access Regulations.O R D E R1. Writ Petition is are filed praying to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent of the Memo No.CE/Comml/EE/DSM/F.Power ...

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Apr 27 2012

K.Neelamega Bhattachariyar. Vs. the Commissioner and anr.

Court: Chennai

Decided on: Apr-27-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the entire records pertaining to issuance of the order dated 19.04.2012 passed by the second respondent herein and quash the same and to forbear the respondents herein not to interfere with functioning of the petitioner as Sthanic Archaka in Sri Devanatha Swamy Temple, Thiruvandipuram, Cuddalore District.ORDER1. The writ petitioner claiming to be an Archakar of Arulmighu Devanathaswamy Temple at Thiruvandipuram in Cuddalore District has come forward to file the present writ petition, seeking to challenge an order of the second respondent, i.e., Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Cuddalore, dated 19.04.2012 and seeks to set aside the same with consequential direction not to interfere with the functioning of the petitioner as Sthanic / Archaka of the said temple.2. When the matter came up on 24.04.2...

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Apr 27 2012

Ms.Arun Vyapar Udyog (P) Ltd. Vs. Tamil Nadu Generation and Distributi ...

Court: Chennai

Decided on: Apr-27-2012

Writ Petition No.12383 of 2012 is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari, calling for the records of the second respondent's impugned Memo.No.CE/Comml./EE/R&C/AEE/F.R&C/D.No.70-1/12 dated 12.03.2012 and the consequential letter No.SE/CEDC/N/DFC/N/HT/A4/F.1586/D.1830/2012 dated 20.04.2012, issued by the third respondent and quash the same as illegal and arbitrary.COMMON ORDER1. Writ Petition No.12383 of 2012 is filed praying to issue a Writ of Certiorari, calling for the records of the second respondent's impugned Memo.No.CE/Comml./EE/R&C/AEE/F.R&C/D.No.70-1/12 dated 12.03.2012 and the consequential letter No.SE/CEDC/N/DFC/N/HT/A4/F.1586/D.1830/2012 dated 20.04.2012, issued by the third respondent and quash the same as illegal and arbitrary.2. The prayer sought for in all the writ petitions are identical. Hence, by consent, all the writ petitions are taken up together for final disposal.3. Thiruvalargal K.Seshadri, A.Athimo...

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Apr 27 2012

The Branch Manager Vs. Tmt.Rahmath

Court: Chennai

Decided on: Apr-27-2012

PRAYERCivil Miscellaneous Appeal is filed against the order and decree dated 22.01.2010 passed in MACOP NO.356 of 2000 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai.JUDGMENT1. Whether death of the deceased Mohammed Sultan was due to murder simpliciter or accidental murder is the intricate question raised in this appeal.2. The brief facts:-The deceased Mohammed Sultan, aged 35, who was working as a driver, and earning a sum of Rs.5,000/- per month suffered death on account of murder on 27.06.1997. He was working as a driver in the taxi bearing registration No.TN- 55A 5994 of which the first respondent is claimed to be the owner.2.1. On 27.06.1997, the deceased was waiting in the taxi stand at Pudukottai market and at that time two persons came there and took the taxi for hire. Later on, neither the car nor the deceased returned back. The owner of the car namely, the first respondent Subbiah preferred a complaint before the police.2.2. O...

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Apr 27 2012

Ms.Doshi Housing Limited. Vs. the Assistant Commissioner of Income Tax

Court: Chennai

Decided on: Apr-27-2012

Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to quash the impugned notice issued under Section 148 of the Act in Pan No.AAACD1187G, dated 16.3.2011 and consequentially quash the proceedings in AAACD1187G dated 25.11.2011.O R D E R1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.2. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Certiorari to call for and quash the impugned notice, dated 16.3.2011, issued under Section 148 of the Income Tax Act, 1961, (hereinafter referred to as `the Act') and the consequential proceedings, dated 25.11.2011, issued by the respondent, rejecting the objections raised by the petitioner, against the re-opening of the assessment, in respect of the assessment year 2004-2005, under Section 147 of the Act.3. It has been stated that the petitioner is a domestic private limited company,...

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Apr 27 2012

Dr.M.S. Amaresan Vs. Secretary to Government

Court: Chennai

Decided on: Apr-27-2012

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for records of the first respondent in G.O.Ms.No.192, Planning, development and special initiatives (Sl) on 14.10.2011 insofar as the petitioner's land is concerned at Block No.2, T.S.No.32/3 registered holder Dr.M.S.Amaresan classified as Quit Rent, bounded on the north and east by T.S.No.32/2 vacant, South by : T.S.No.32/4 EVR High Road, West by: T.S.No.33/3 building G+1 building, room with over head water tank, vacant on North and Eastern Side, South side entrance with two rod gate to an extent of 0G-1175 sq.ft. And quash the same and direct the respondents not to dispossess the above property of the petitioner.ORDER1. This writ petition is filed to issue a Writ of Certiorarified Mandamus calling for records of the first respondent in G.O.Ms.No.192, Planning, development and special initiatives (Sl) on 14.10.2011 insofar as the petitioner's land is concerned at Block No.2...

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Apr 27 2012

Union of India Vs. N.Lavanya

Court: Chennai

Decided on: Apr-27-2012

PRAYER: Petition filed under Article 226 of the Constitution of India praying for an issuance of a Writ of Certiorari calling for the records relating to the order of the Hon'ble Central Administrative Tribunal, Chennai Bench passed in the O.A.No.1016 of 2009 dated 15.03.2010 and quash the same.ORDERM.VENUGOPAL,J.1. The Petitioners/Respondents have focussed the present Writ Petition as against the order dated 15.03.2010 in O.A.No.1016 of 2009 passed by the Central Administrative Tribunal, Madras Bench.2. The Central Administrative Tribunal, Madras, while passing the common orders in O.A.No.1016 of 2009 and O.A.No.16 of 2009 on 15.03.2009, in paragraph 10, has, inter alia observed that 'the case of the applicant in both the applications have been considered by the Respondents and rejected as per the Memo dated 05.05.2003 which provides for a time limit of three years from the date of death of an employee, after three years if compassionate appointment is not possible to be offered, his/...

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Apr 27 2012

Ms.Prime Urban Development India Limited Vs. the Income Tax Officer

Court: Chennai

Decided on: Apr-27-2012

Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in notices u/s 226/(3) of the Income Tax Act in PAN.AABCP9571D/2009-10, dated 21.2.2012, on the file of the 1st respondent herein and quash the same and direct the second respondent herein to dispose of the application dated 6.2.2012 filed by the assessee u/s 220(6) Income Tax Act, 1961, seeking non enforcement of demand pending disposal of appeal pending before the second respondent.O R D E R1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the respondents.2. This writ petition has been filed challenging the notices, dated 21.2.2012, issued by the first respondent, under Section 226(3) of the Income Tax Act, 1961. The petitioner had further prayed for a direction to direct the second respondent to dispose of the application, dated 6.2.2012, filed by the assessee, under Section 2...

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Apr 27 2012

The Management of Abunazaar Leather Industries. Vs. the Presiding Offi ...

Court: Chennai

Decided on: Apr-27-2012

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the records and quash the order dated 01.03.2011 in C.P.No.36 of 2010 passed by the 1st respondent, Presiding Officer, Principal Labour Court, Vellore.O R D E R1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing for the respondents.2. Today, when this Writ Petition was taken up for hearing, the learned counsel appearing for the petitioner had submitted that the issues involved in this writ petition have been settled out of Court. An endorsement has also been made to that effect.3. In view of the said submission made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as settled out of Court. Consequently M.P.No.1 of 2011 is closed. No costs....

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