Chennai Court April 2012 Judgments
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C.V.Thandavan Vs. the District Collector
Court: Chennai
Decided on: Apr-26-2012
Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of certiorari, calling for the records relating to the proceedings of the 1st Respondent, made in Na.Ka.No.498/2011/Mines, dated 20.03.2012 and quashing the same.ORDER(Order of the Court was made by B.RAJENDRAN,J) 1. The Petitioner, who is a resident of Keelamathur Main Road, Keelamathur Village, Madurai South Taluk, has come forward with this Writ Petition in public interest alleging that that the villagers are depending upon Keelamathur Kanmoi for their water sources and even there karuvel trees are planted, which is a source of income to the Village Panchayat and in such circumstances, lease has been granted to the 4th Respondent to quarry gravel from Keelamathur Kanmoi. It is also alleged that if quarrying of gravel is permitted in the said kanmoi, it would cause great hardship to the agriculturists and villagers as it would totally take away the water facility as well as storage facility. W...
The National Federation of the Blind Tiruchi Branch Vs. the District C ...
Court: Chennai
Decided on: Apr-26-2012
PRAYER: Writ Petition came to be numbered under Article 226 of Constitution of India praying for a Writ of Mandamus, directing the respondents to allot the sites under section 43 of the Persons with Disability Act and the G.O.Ms. No. 182 dated 4.12.2002, Department of Social Welfare and Nutritious Meals and pass further orders.O R D E R1. National Federation of the Blind, Trichy Branch, represented by its President, has sought for a writ of mandamus directing the District Collector, Trichy to allot a site under section 43 of, The Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995 and as per G.O.Ms.No.182 dated 4.12.2002, Department of Social Welfare and Nutritious Meals, and for further orders.2. As per the averments, the petitioner Federation, is a self-help movement run by differently abled persons, well spread to the grossroot level, with an object for the welfare of the visually impaired. Its Trichy Branch was started on 16.09.197...
P.Srinivasan. Vs. Tamil Nadu Generation and Distribution Corporation L ...
Court: Chennai
Decided on: Apr-26-2012
Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to restore the electricity connection in SE No.SE No.201-004-148 to the premises bearing door No.58, Mariamman Koil Street, Namakkal Town and District based upon the representation of the petitioner dated 17.4.2012.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to restore the electricity connection in SE No.201-004-148 to the premises bearing door No.58, Mariamman Koil Street, Namakkal Town and District based upon the representation of the petitioner dated 17.4.2012.2. Mr.S.K.Rameshwar, learned counsel takes notice on behalf of the respondents 1 and 2. In view of the nature of order to be passed in this matter, the notice to the third respondent is dispensed with. By consent, the writ petition is taken up for final disposal.3. The writ petition has been filed to restore the electricity su...
Dravida Munnetra Kazhagam and ors. Vs. the Tamil Nadu State Election C ...
Court: Chennai
Decided on: Apr-26-2012
W.P.No.24078 of 2011 filed under Article 226 of the Constitution of India praying for a Writ of mandamus directing the respondents to conduct repoll with respect to 239 booths inasmuch as the polling conducted with respect to 239 booths is marred by poll violence, booth capturing, rigging etc. Apart from the same being infringed in not conducting the same in a free and fair manner.W.P.No.24132 of 2011 filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, declaring that the poll conducted to the booths in Ward Nos.48, 49, 76, 101, 103, 104, 107, 111, 117, 118, 122, 126, 130, 171, 172, 179, 184 and 193 in Chennai City Municipal Corporation mayor and councilor post as null and void and consequently directing the respondents to conduct re-poll to all the booths in Ward Nos.48, 49, 76, 101, 103, 104, 107, 111, 117, 118, 122, 126, 130, 171, 172, 179, 184 and 193 Chennai City Municipal Corporation Mayor and respective councilor posts and direct ...
The Commissioner of Income-tax. Vs. Ms.Lakshmi Vilas Bank.
Court: Chennai
Decided on: Apr-26-2012
PRAYER: Tax Case Appeal filed under Section 260A of the Income Tax Act against the order dated 10.12.2003 made in I.T.A.No.265/Mds/1996 on the file of the Income Tax Appellate Tribunal, "C" Bench, Chennai for the assessment year 1992-93.(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. This Tax Case (Appeal) filed by the Revenue was admitted on the following substantial questions of law relating to the assessment year 1992-93:"1.Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that a sum of Rs.47,13,112/- as a bad debt for the period under consideration, the assessee is entitled to the bad debt written off as allowable, even though the same was hit by the provisions of Section 36(1)(viia) of the Income Tax Act, 1961? 2.Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled to the depreciation on electrical fittings and typewriters ...
N.Thirumoorthy Vs. the Special Officer.
Court: Chennai
Decided on: Apr-25-2012
PrayerWrit Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the order dated 03.02.2010 by the respondent and quash the same.ORDER1. The impugned order is passed by the respondent, a Co-operative Society. The impugned order is an order placing the petitioner under suspension. It is well-settled law that Writ Petition is not maintainable against the Cooperative societies. At this juncture, the learned counsel for the petitioner states that the petitioner has filed a revision under Section 153 of the Tamil Nadu Co- operative Societies (hereinafter called as the 'Act') before the Joint Registrar of Co-operative societies, Tirunelveli, but the same was rejected by order, dated 16.08.2010 stating that revision under Section 153 of the 'Act' could not lie against an order of suspension. However, the petitioner has not chosen to challenge the aforesaid order, dated 16.08.2010 of the Joint Registrar of Co- operative Soci...
D.Balakrishnan Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Apr-25-2012
PRAYERPetition filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus to direct the 3rd Respondent to issue the petitioner the Debt Relief Certificate to the Petitioner's Loan Account in No.LFTVI00004250459 as per OTS scheme under the Debt Waiver and Debt Relief Scheme, 2008 considering the Petitioner's payment of 75% of outstanding on 01.09.2009.ORDER1. The petitioner is an agriculturist. He availed bank loan from the 3rd respondent bank for purchase of tractor for the agricultural purpose. According to him, the second respondent has given relief to the farmers through Agricultural Debt Waiver and Debt Relief Scheme, 2008 and he is also entitled to get relief under the said Scheme. He comes under the category of other farmers in the scheme. The relief given to the other farmers is that they should pay 75% of the due in 3 installments. The other farmers also shall give letter to avail the benefit so that the waived amount would be reimbursed to the 3rd...
G.GodwIn Alias Rajeshkhanna Vs. the District Collector
Court: Chennai
Decided on: Apr-25-2012
Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the Respondents to remove the encroachments and restore the land in its original condition and preserve the land allotted for Pentecostal Graveyard at Thathaneri, Madurai-2, exclusively for burial alone and prevent encroachment over the land by way of construction of any kind by any person and give protection to the poor.ORDER(Order of the Court was made by B.RAJENDRAN,J)1. The Petitioner, who is a practising Advocate, has come forward with the present Writ Petition, in public interest, alleging that in the graveyard allotted by the Government at Thathaneri in Madurai to Pentecostal Community, encroachments are being made by constructing "manimandapam" or "ninaivuthoon" ('monument' or 'stoop') in the place where bodies are buried, which is against the conditions imposed by the Government at time of allotment of the said graveyard, viz. from putting up any building or cemet...
Pakkirisamy Yadav Saw Mill. Vs. the Additional Principal and ors.
Court: Chennai
Decided on: Apr-25-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the fourth respondent in E.Mi.PO/E.Pa/Kuda/Ko.Thani/A.No.25/11-12 dated 17.4.2012 and quash the same and consequently forbear the respondents in any way insisting for licence from the respondent Forest Department for providing Electricity connection in M.E.No.569-016-437 and other amenities for running the petitioner's sawmill until the disposal of the petitioner's application dated 22.02.2010 for grant of Licence is made under the provisions of Tamilnadu Regulation of Wood Based Industries Rules, 2010 and relevant laws.O R D E R1. Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the fourth respondent in E.Mi.PO/E.Pa/Kuda/Ko.Thani/A.No.25/11-12 dated 17.4.2012 and quash the same and consequently forbear the respondents in any way insisting for licence from the respondent Forest Departmen...
Ms.Khivraj Housing Pvt. Ltd. Vs. the Principal Secretary and Commissio ...
Court: Chennai
Decided on: Apr-25-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to grant permission on petitioner application dated 10.8.2011 for the grant permission to construction activities to the property situated at S.No.1/1A Pt. 1/1B Pt, = Pt, 1/3 Pt. 2/1A Pt, 2/1B Pt. 3/1A, 3/1B, 3/1C, 3/2, 6, 138/1 Pt, 138/2B Pt, 139 Pt, 140 Pt, 141/1 Pt, 141/2 Pt, 145/1A Pt, 146, 147/1A and 147/1B of Thiruneermalai Village, Alandur Taluk, Kancheepuram District in accordance with the Ancient Monuments and Archaeological sites and Remains (Amendment and Validation) Act 2010.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to grant permission on petitioner's application dated 10.8.2011 for grant of permission to construction activities to the property situated at S.No.1/1A Pt. 1/1B Pt, = Pt, 1/3 Pt. 2/1A Pt, 2/1B Pt. 3/1A, 3/1B, 3/1C, 3/2, 6, 138/1 Pt, 138/2B Pt, 139 Pt, 140 Pt, 1...
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