Chennai Court April 2012 Judgments
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R.P.Ramiah Vs. the District Collector.
Court: Chennai
Decided on: Apr-16-2012
PRAYERWrit Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to remove the encroachments in the public property in 75 cents in Survey No.866/4, Indra Nagar, Kamaraj Nagar, Muthur Panchayat, Palayamkottai Taluk, Tirunelveli District by considering the representation of the petitioner dated 20.04.2011.ORDER [Order of the Court was made by R.BANUMATHI, J]1. The Petitioner, who is a resident of Indra Nagar, has come forward with this Writ Petition seeking for a Writ of Mandamus, directing the first Respondent to remove the encroachments in the public property in 75 Cents in Survey No.866/4, Indra Nagar, Kamaraj Nagar, Muthur Panchayat, Palayamkottai Taluk, Tirunelveli District.2. The case of the Petitioner is that Survey No.866/4, Indra Nagar, Kamaraj Nagar is a public property provided for public and there is a public water supply tank for the supply of drinking water. Further grievance of the Petit...
Ms.Tagros Chemicals India Ltd Vs. the Commercial Tax Officer.
Court: Chennai
Decided on: Apr-16-2012
ORDER1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate 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 a sum of Rs.38,638/-, 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 the tax amount due, the amount of tax already paid shall be deducted.iv) The respondents shall complete the adjudication process, as expeditiously as possible.4. The Writ Petition is disposed of accordingly. No ...
M.Ravi Vs. the Commissioner.
Court: Chennai
Decided on: Apr-16-2012
PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to regularise the service of the petitioner from 18.09.2000 and confer all the monetary benefits and all other consequential benefits including the old pension scheme with G.P.F within a stipulated time.ORDER1. The petitioner was appointed as Night Watchman on 15.06.1990 on daily wage basis at the rate of Rs19/- per day from contingent fund in the Panchayat Union Middle School, Kulithalai.2. He continued to work for more than 10 years. The Tamil Nadu Government issued G.O.Ms.No.878 Rural Development Department dated 15.05.1981 and directed the District collectors concerned to furnish the list of employees who are appointed before 01.04.1981 and who have completed 10 years of service to consider for regular service. Accordingly, the names of 218 persons were sent to the Government and the petitioner was one among them. Based on the said list, the Gov...
Thiru S.Thirumalai Kumarasamy Vs. Government of Tamilnadu.
Court: Chennai
Decided on: Apr-16-2012
ORDER1. The petitioner, after completing 30 years of service with the respondent department, was due to retire on 31.01.1994, as Executive Engineer. On the date of his retirement, the petitioner was suspended from service and was not permitted to retire, on the ground that on the date of retirement, charges were pending against the petitioner.2. It was after more than one year of the date of superannuation, that the petitioner was issued a charge memo on 12.10.1995 on the following charges:CHARGE NO.1:-Thiru S.Thirumalai Kumarasamy, Executive Engineer (Under suspension) in his former capacity as Executive Engineer, P.W.D. Madurai Division, Madurai made payments to a tune of Rs.1,91,105/- to the contractor Thiru S.M.Pandian based on bogus measurements for the works of (i) Special Repair to Flood bank to feed sadachipatti tank supply odai in Sadachapatti village of Usilampatti Taluk in reach L.S.O M to 250 M and 1250 M to 1500 M which is in gross-violation of Article 4 of TNFC Vol.I.CHAR...
D.Jeyaprakash Vs. V.Pandian
Court: Chennai
Decided on: Apr-16-2012
ORDER1. This contempt petition is filed by the petitioner to punish the respondent for the alleged disobedience of the order passed by this Court in W.P.No.2302 of 2007 dated 04.04.2007.2. The writ petition filed by the petitioner was heard along with two other writ petitions and were disposed of by a common order dated 04.04.2007. In paragraph 7, it was ordered as follows:-7. It is an admitted case that the petitioners had completed more than 240 days of service and apart from this though the learned Special Government Pleader has also submitted that the judgment relied on by the learned counsel for the petitioners will not apply to the petitioners in these cases, but no point has been made out by the learned Special Government Pleader in support of his contention and apart from this, there is a specific averment in the affidavit filed in support of these writ petitions that the orders passed in writ appeal No.1294 to 1299 of 1997 will squarely apply to the facts of these writ petiti...
Thiruvenkadam Vs. the Secretary to Government of Tamilnadu.
Court: Chennai
Decided on: Apr-16-2012
ORDER1. This writ petition is filed by the petitioner seeking to challenge an order of the second respondent, Superintendent of Police, Madurai District in refusing to consider the case for sanction of prosecution against the third respondent, who was functioning as superintendent of Police at Ngapattinam.2. The petitioner sent a representation to the Chief Minister's grievance cell seeking permission to prosecute the third respondent for having foisted a false case against him. The said letter was sent to the Home Department, which was again forwarded to the Director General of Police asking him to send a suitable reply to the petitioner. The said petition was in turn forwarded to the second respondent and it was replied to by a reply dated 21.04.2006. It is this order which is under challenge in this writ petition.3. The grievance of the petitioner was that he was a retired Sub- Postmaster. After his retirement, he was residing at Achampatti Village, Thirumangalam Taluk. His elder so...
S.Marithangam Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Apr-16-2012
PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of declaration, declaring that the Government Letter No.40093/Q1/2002-3, Labour and Employment, dated 02.12.2002 issued by the first respondent as null and void and ultra vires insofar as the petitioner is concerned and consequently direct the second respondent and third respondent to confer all the consequential benefits to the petitioner.ORDER1. The petitioner was appointed on 03.11.1999 by the Joint Director of Employment and Training Department, Chennai as Junior Assistant in the Government Industrial Training Institute, Karaikudi. The service of the petitioner was regularised on 26.04.2000, by an order dated 26.04.2000, issued by the Director of Employment and Training with effect from 12.11.1999. Though the petitioner was regularised in service by the order dated 26.04.2000 of the Director, Employment and Training Department, the petitioner has not been granted any service benefits...
The Manager Vs. R.Bojan
Court: Chennai
Decided on: Apr-16-2012
ORDER1. The writ petition was filed by the Management, seeking to challenge an Award passed by the second respondent Labour Court in I.D.No.92 of 2000 dated 19.03.2008. By the impugned Award, the Labour Court set aside the punishment imposed on the first respondent and directed payment of 25% of backwages from the date of his removal till the date of his attaining the age of superannuation.2.When the writ petition came up on 10.04.2008, this Court ordered notice on admission and granted interim stay for a limited period. Subsequently, the interim stay was extended from time to time.3. It is the case of the first respondent that he was employed by the petitioner Management as a Clerk with effect from 03.05.1971 and was promoted as Senior Clerk Grade I on 29.12.1993 with effect from 01.01.1994. He worked in the personnel department for over 18 years and was promoted as Senior Clerk Grade I during his service in the department. A Senior Executive Personnel of the Department did not like h...
indurani Vs. the Principal Secretary and ors.
Court: Chennai
Decided on: Apr-16-2012
ORDER1. The petitioner is a stranger to the 4th respondent Private College. In this writ petition, she has sought to challenge an order passed by the State Government in G.O.Ms.No.341, Higher Education Department, dated 27.10.2010.2. The petitioner claims that Pasumpon Thiru. U.Muthuramalinga Thevar Memorial College was started by a registered Society of the elder members of their community as early as on 01.06.1969. According to the petitioner, the college building and the land surrounding to the college was inherited by her from the properties left behind by late Muthuramalinga Thevar. After the demise of one Valliyoor Pandian, the founder of the Trust, the Trust had become defunct and consequently the college also suffered. This led to the Government taking over the Management of the College and they were also contemplating a permanent take over of the institution.3. In the mean while, the petitioner created a Trust by appointing herself as Chairman cum Managing Trustee known as Pas...
K.B.Madhavan Vs. State Rep. by Inspector of Police.
Court: Chennai
Decided on: Apr-16-2012
JUDGMENT1. The Criminal Appeal arises out of the judgment of conviction and sentence, dated 14.11.2005, made in Spl. C.C.No.3 of 2003, on the file of the learned Special Judge-cum-Chief Judicial Magistrate, Coimbatore, whereby the accused was convicted for the offences under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act and sentenced him to undergo one year rigorous imprisonment and imposed a fine of Rs.1,000/- in default in payment to undergo three months rigorous imprisonment for each offences under Sections 7 and 13(2) r/w 13(1)(d) of P.C. Act and the accused shall run both the sentences concurrently.2.The respondent Police has filed a final report stating that on 26.03.2002, at about 10.00 a.m., at the Government Industrial Training Institute, Coimbatore, the accused, who is the Assistant Training Officer, Related Instruction Centre (South), Government I.T.I., a public servant, demanded a sum of Rs.200/- as gratification other than legal remuneration from P.W.2-...
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