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Chennai Court April 2012 Judgments

Apr 27 2012

Ms.Sri Ranga Textiles Private Limited Vs. Tamil Nadu Electricity Regul ...

Court: Chennai

Decided on: Apr-27-2012

Both Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records in para 5 of the Memo No.CE/Comml/EE/DSM/F.Power Cut/D.48/2012 dated 29.2.2012 in respect of third party power purchase during power holidays alone insofar 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 to meet the Power requirements of the petitioner during power holidays, as provided under the Electricity Act 2003, Intra-State Open Access Regulations, 2005 and Inter-State Open Access Regulations.COMMON ORDER1. Both Writ Petitions are filed praying to issue a Writ of Certiorarified Mandamus calling for the records in para 5 of the Memo No.CE/Comml/EE/DSM/F.Power Cut/D.48/2012 dated 29.2.2012 in respect of third party power purchase during power holidays alon...

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Apr 27 2012

Ms.a to Z Packaging Machineries Vs. the Pondicherry Industrial

Court: Chennai

Decided on: Apr-27-2012

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the third and fourth respondents to give electricity power connection of 74 Horse Power to the petitioner shed No.AS-3 at PIPDIC Industrial Estate, Mettupalayam, Puducherry-605 009, without insisting the Lease deed between the petitioner and the first and second respondents.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the third and fourth respondents to give electricity power connection of 74 Horse Power to the petitioner shed No.AS-3 at PIPDIC Industrial Estate, Mettupalayam, Puducherry-605 009, without insisting the Lease deed between the petitioner and the first and second respondents.2. Mr.K.Tamilvanan, learned Government Advocate (Pondicherry), appears for the respondents. By consent, the writ petition is taken up for final disposal.3. The writ petition has been filed for a mandamus to direct the respondents 3 and 4 to give powe...

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Apr 27 2012

State Through the Idol Wing Crime Investigation Department. Vs. Subash ...

Court: Chennai

Decided on: Apr-27-2012

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Respondent police to set aside the order passed by the Hon'ble Judicial Magistrate Court, Jayankondam in Cr.MP.No.2492/2012, dated 12.04.2012, recalling the Non Bailable Warrant.ORDER1. Seeking to quash the order made by the learned Judicial Magistrate, Jeyamkondam, in Crl.M.P.No.2492 of 2012, dated 12.04.2012, the State has come up with this Criminal Original petition.2. The respondent is the 7th accused in the case in C.C.No.180 of 2011 on the file of the said court [Crime No.65 of 2008 on the file of the Inspector of Police, Udayarpalayam]. The impugned order of the learned Judicial Magistrate came to be passed in the following circumstances:-(a) On 13.04.2008, in a famous temple viz., M/s.Arulmigu Sundareswarar and Varadharaja Perumal Thirukovil, Suthamalli Village, Udayarpalayam Taluk, Ariyalur District, as many as 18 idols, made of panchalohas were stolen away. In respect of the said occurrence, th...

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Apr 27 2012

V.Murugan. Vs. Tahsildar, Coimbatore and ors.

Court: Chennai

Decided on: Apr-27-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent Tahsildar to issue Patta in favour of the petitioner in respect of the land in Survey No.646/1E of Mathuvarayapuram Village, Coimbatore South Taluk, Coimbatore of an extent to 0.50 Cents pursuant to the direction of the Joint Commissioner of Land Reforms in Na.Ka.579/2011/C2 dated 11.3.2011.O R D E R1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent Tahsildar to issue Patta in favour of the petitioner in respect of the land in Survey No.646/1E of Mathuvarayapuram Village, Coimbatore South Taluk, Coimbatore of an extent to 0.50 Cents pursuant to the direction of the Joint Commissioner of Land Reforms in Na.Ka.579/2011/C2 dated 11.3.2011.2. Mr.R.Vijayakumar, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal.3. Petitione...

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Apr 27 2012

Nirma Limited. Vs. Saint GobaIn Glass India Limited and ors.

Court: Chennai

Decided on: Apr-27-2012

P.JYOTHIMANI,J.1. While W.A.Nos.193, 194, 189, 195 and 307 of 2012 arise from the order of the learned Judge dated 23.12.2011 in W.P.No.23515 of 2011 filed by the first respondent in W.A.Nos.193, 194, 195 of 2012 and 189 of 2012, who is the appellant in W.A.No.307 of 2012, namely Saint Gobain Glass India Limited, Sriperambathur, W.A.No.337 of 2012 arises from the order of the learned Judge dated 1.12.2011 in W.P.No.4602 of 2011 filed by the Saint Gobain Glass India Limited, Sriperambathur.2.1. The facts leading to the filing of these appeals are as follows. The said writ petitioner has challenged a notification dated 2.9.2011 issued by the Directorate General of Anti-Dumping and Allied Duties, New Delhi, who has been arrayed as third respondent in W.A.Nos.193, 194 and 189 of 2012, second respondent in W.A.Nos.307 and 337 of 2012 and has filed W.A.No.195 of 2012.2.2. Under the notification which was originally challenged, the appellant in W.A.No.195 of 2012, namely the Directorate Gener...

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Apr 26 2012

Vasumathi Vs. the Secretary and ors.

Court: Chennai

Decided on: Apr-26-2012

ORDER1. The husband of the petitioner was working as Office Assistant in the office of Deputy Commissioner, Commercial Tax Department, Madurai Division. He underwent treatment for lung cancer from 13.07.1997 to 04.08.1997 at Premier Specialities and Heart Foundations, Kilpauk, Chennai and from 04.08.1997 to 12.09.1997 at Dr. Rai Memorial Medical Centre, Teynampet, Chennai - 18. However, he died on 25.12.1997. He had incurred expenditure of Rs.57,826.88. The petitioner claimed reimbursement of the expenditure under the Tamil Nadu Government Employees Health Fund Scheme. Subsequently, lot of correspondences took between various authorities and there were objections that the treatment was taken by the husband of the petitioner in the unaccredited private hospital.2. The Commissioner of Commercial Taxes sent the proposals that the petitioner is entitled for reimbursement of the expenditure, even her husband had taken treatment in the unaccredited private hospital, pursuant to G.O.Ms.No.383...

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Apr 26 2012

Shri Sathya Sai Warehousing and Logistics Park (Sss ) Pvt.Ltd. Vs. the ...

Court: Chennai

Decided on: Apr-26-2012

Writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records of 2nd respondent leading to the issue of the impugned order No.SE/GCC/CNI/AEE/MM/F.LRT/D 379/10 dated 25.5.2010 and quash the same as illegal and void and consequently direct the respondents to forbear from erecting electrical towers on the petitioner's lands in Survey Numbers 292/2 , 293/5, 290/1, 293/7 & 289/3B without their consent and without following the due process of law.O R D E R1. The petitioner filed the present writ petition seeking for a Certiorarified Mandamus calling for the records of 2nd respondent leading to the issue of the impugned order No.SE/GCC/CNI/AEE/MM/F.LRT/D 379/10 dated 25.5.2010 and quash the same as illegal and void and consequently direct the respondents to forbear from erecting electrical towers on the petitioner's lands in Survey Numbers 292/2 , 293/5, 290/1, 293/7 & 289/3B without their consen...

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Apr 26 2012

The Government of Tamil Nadu Vs. Thiru S.Selvanathan

Court: Chennai

Decided on: Apr-26-2012

Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 26.07.2010, made in W.P.No.23900 of 2009. (Judgment of the Court was delivered by Justice Elipe Dharma Rao)1. This writ appeal is directed against the order, dated 26.07.2010, made in W.P.No.23900 of 2009, whereby a direction was issued to the second respondent therein, who is the second appellant herein, to alter the writ petitioner's date of birth from 06.01.1952 to 23.03.1954 in his service register and allow him to retire from service with all benefits including re-induction in service with service and monetary benefits.2. It is the case of the appellants that the respondent was initially appointed as Junior Assistant on 07.06.1974 in Sub-Treassury, Tittagudi, South Arcot District, vide order of the Director and Treasuries and Accounts, Madras, dated 25.02.1974, based on the selection made by the Tamil Nadu Public Service Commission and within a period of five years of entry into service,...

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Apr 26 2012

K.Mohan. Vs. the District Collector and ors.

Court: Chennai

Decided on: Apr-26-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from interfering into the petitioner's possession and enjoyment of the property in S.Nos.36 and 37, total an extent of 2.50 acres of Vadivel Goundanur, Manjarahalli Village, Pennagaram Taluk, Dharmapuri District, without following due process of law under the Land Acquisition Act.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, forbearing the respondents from interfering into the petitioner's possession and enjoyment of the property in S.Nos.36 and 37, total an extent of 2.50 acres of Vadivel Goundanur, Manjarahalli Village, Pennagaram Taluk, Dharmapuri District, without following due process of law under the Land Acquisition Act.2. Mr.R.Vijayakumar, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 4. In view of the nature of order to be passed in this matter, the notice to the fifth respond...

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Apr 26 2012

State of Tamil Nadu and ors. Vs. S. Thangapandiyan

Court: Chennai

Decided on: Apr-26-2012

Prayer : Writ Appeals filed under Clause 15 of the Letters Patent against the orders of the learned single Judges of this Court - W.A. No.542 of 2012 against the order dated 22.7.2011 passed in W.P. No.23700 of 2010 and W.A. No.2470 of 2011 against the order dated 21.9.2011 passed in W.P. No.26358 of 2010. ( The Honourable the Chief Justice & T.S. Sivagnanam )1. The State has preferred these appeals against the orders dated 22.7.2011 and 21.9.2011 passed in W.P. Nos.23700 of 2010 and 26358 of 2010 respectively.2. In W.P. No.23700 of 2010, the petitioner sought a direction to the District Collector, Kancheepuram to grant him permission to carry on quarrying operations in respect of the Stone Quarry No.2 situated in Survey No.25/2B over an extent of 2.50.0 hectares in Thirusoolam Village, Tambaram Taluk, Kancheepuram District for a period of 18 months, for which the quarrying was suspended.3. In W.P. No.26358 of 2010, the prayer was for a direction to the District Collector, Vil...

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