Chennai Court July 2012 Judgments
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M.P.Venkatesan. Vs. the Chairman, Tamil Nadu Uniform Services Recruitm ...
Court: Chennai
Decided on: Jul-16-2012
Prayer: O.A.No.2471 of 2002 is filed before the Tamil Nadu Administrative Tribunal seeking for the relief of direction to respondents 2 and 3 to appoint the petitioner as Fireman pursuant to the Selection made for the year 1999-2000 and award all consequential benefits accrued thereon.On abolition of the Tamil Nadu Administrative Tribunal, O.A.No.2471 of 2002 was transferred to this Court and re-numbered as Writ Petition.VINOD K. SHARMA, J.ORDER1. The petitioner passed 10+2 and applied for the post of Fireman in response to an advertisement issued by the Chairman, Tamil Nadu Uniform Services Recruitment Board. The petitioner was called for physical test where he scored 40 marks out of 45, and was also successful in the written examination and interview. The petitioner, being in the select list, was subjected to medical examination.2. The submission of the petitioner is, that he was not issued letter of appointment while other candidates selected with him were sent for train...
G.Pandi. Vs. the Commissioner, and ors.
Court: Chennai
Decided on: Jul-16-2012
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Mandamus, directing the respondents 1 and 2 to remove the encroachments made in Plot No.290A, Avvai Nagar, (New ASTC HUDCO), Hosur-635 109, Dharmapuri District by the 3rd respondent or any other person and retain the above said plot as park as per the site plan of Tamilnadu Housing Board, Hosur Housing Unit approved by the Director of Town and Country Planning.O R D E R1. Temple, constructed in a place earmarked for a park under a Scheme, is being used as a shield, against the law of encroachment.2. Petitioner has sought for a mandamus, directing the respondents 1 and 2 to remove the encroachments made in Plot No.290A, Avvai Nagar, (New ASTC HUDCO), Hosur-635 109, Dharmapuri District by the 3rd respondent or any other person and retain the above said plot as park as per the site plan of Tamilnadu Housing Board, Hosur Housing Unit approved by the Director of Town and Country Plannin...
The District Forest Officer. Vs. K.Mohammed Meera
Court: Chennai
Decided on: Jul-16-2012
Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order dated 24.7.2007 made in W.P.(MD) No.5328 of 2007 on the file of this Court. W.P.5328/2007 Writ petition filed under Article 226 of the constitution of India, Praying for the issuance of a Writ of mandamus directing forbearing the respondents from auctioning the leasehold rights of Petitioners property situate in S.No.1440/1, Agamalai Village Bodinaickanur, Theni District.JUDGMENT R.BANUMATHI,J.1. Challenge in this writ appeal is the order dated 24.7.2007 made in W.P.(MD) No.5328 of 2007 issuing writ of mandamus forbearing the appellants from auctioning the leasehold rights of the respondent's property situated in Survey No.1440/1, Agamalai village, Bodinaickanur, Theni District.2. Bodi North Hills Forest Block including Agamalai village measuring 45576.92 acres was notified by Government under Section 4 of the Tamilnadu Forest Act, 1882 in G.O.Ms.No.453, Forest and Fisheries Department, dated 30.4.1977 and pu...
S.Pandiarajan. Vs. the Government of Tamilnadu, and ors.
Court: Chennai
Decided on: Jul-16-2012
PRAYER: Petition under Article 226 of the Constitution of India for issue of a writ of Certiorarified Mandamus to call for the records of the first respondent in G.O.Ms.No.310, dated 29.3.2012, Public (Special.A) Department and to quash the same and to consequently quash G.O.Ms.No.311, dated 29.3.2012, Public (Special.A) Department and to direct the respondents to implement G.O.Ms.No.16, Public (Special.A) Department, dated 5.1.2011 appointing the petitioner as District Judge (Entry Level) in original seniority from the dat of his appointment and to accord such posting to the petitioner. (amended as per order dated 23.4.2012 in M.P.No.2 of 2012 in W.P.(MD) No.739 of 2012).ORDERP.JYOTHIMANI,J.1. It behooves us to give a short prelude to this case. The issue relating to appointment of District Judges (Entry Level) by way of direct recruitment came up for consideration in W.P.Nos.25778 and 26588 of 2010, wherein a notification issued by the Government in respect of the said appointments c...
L.RadhA. Vs. the District Collector of Krishnagiri, and ors.
Court: Chennai
Decided on: Jul-16-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of the 2nd respondent namely the Block Development Officer Panchayat Union, Kaveripattinam dated 17.03.2008 and made in the pay Bill of the Petitioner which has been prepared the 3rd respondent and quash the same and consequently direct the 2nd respondent to consider and pay the amount due to the petitioner as per the petition dated 09.08.2010 within the time stipulated by this Hon'ble Court.M.JAICHANDREN, J.ORDER1. Heard the learned counsels appearing for the parties concerned.2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had placed before this Court a written communication, dated 14.7.2012, received from the second respondent, stating that a sum of Rs.73,207/- would be paid, within a period of two weeks. The said amount had been calculate...
A.K.Dhanapal, and ors. Vs. the District Collector Vellore District, Ve ...
Court: Chennai
Decided on: Jul-16-2012
Prayer: This Writ Petition is filed under Article 226 of The Constitution of India for the relief of issuance of a writ of mandamus to forbear the respondents, their men, agents and officials from interfering with the personal and property right of the petition in respect of the possession and enjoyment of the immovable property in Arcot Town, Rasathupuram village old Survey No.270/2 and New Survey No.270/2H1, 8.22 acres and 272/2H11, 4.11 acres to the total extent of 12.33 acres till the matter is decided by the competent civil Court.VINOD K. SHARMA, J.ORDER1. It is observed that the petitioners are the leading businessmen who hold responsible position in several social, spiritual and religious organisations, and command good respect in society.2. That land measuring 12.33 acres in Survey No.270/2 (New Sub-division No.270/2H1 and 2H11) at Rasathupuram village, Walajah Taluk was under the ownership of Parthasarathi Mudaliar and Ranganathan, who were in possession and enjoyment of...
Ms.Susi Textile Mills Private Ltd. Vs. the Tamil Nadu Industrial Inves ...
Court: Chennai
Decided on: Jul-16-2012
PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned communication bearing No.TIIC/KARUR/FU/2010-2011, dated 19.04.2010 issued by the respondent and quash the same.ORDER1. The petitioner/borrower has come forward with this writ petition challenging the communication dated 19.04.2010 issued by the respondent stating that they are withdrawing the action initiated under Section 29 of the State Financial Corporations Act (for short "SFCs Act") against the properties and decided to proceed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short "SARFAESI Act") for the sale of the above said properties.2. According to the petitioner, though the company has borrowed a huge amount, they have also repaid. For the non-repayment of money, the respondent Finance Corporation has already issued a foreclosure notice on 25.01.1999 and also ta...
J.Daisy Rani. Vs. the Principal Secretary to Government and ors.
Court: Chennai
Decided on: Jul-16-2012
PRAYER in W.P.(MD) No.910 of 2012 Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the impugned punishment order passed by the 2nd respondent by his proceeding No.45789/V3/2008-1 dated 19.12.2011 and quash the same and further direct the 2nd respondent to include the petitiioner name in the panel of Assistant fit for promotion to the post of Sub-Registrar, Grade - II, for the year 2011 - 2012, by including her name in the proper place over and above her immediate junior with all service and monetary benefits.PRAYER in W.P.(MD) No.2576 of 2012 Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records from the 3rd respondent in his proceedings Na.Ka.No.559/A1/2012 dated 27.01.2012 (served on the petitioner only on 13.02.2012) and quash the same and further direct the respondents to allow the petitioner to work as Assi...
Caroline and ors. Vs. A.S.Lilly Cahtharine and ors.
Court: Chennai
Decided on: Jul-16-2012
Second appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 19.12.2003 passed in A.S.No.361 of 2003 on the file of the IV Additional City Civil Court, Chennai, confirming the Judgment and Decree dated 20.11.2002 passed in O.S.No.10054 of 1996 on the file of the XVI Assistant City Civil Court, Chennai.JUDGMENT1. The present Second Appeal has been directed against the concurrent finding of both the Courts below.2. The brief facts, which led to the filing of this second appeal are as follows:(i)The unsuccessful plaintiffs filed a suit in O.S.No.10054 of 1996 for declaration of possessory title, recovery of possession and damages against the defendant/first respondent on the ground that the defendant was allowed to be a tenant and subsequently, vacated from the suit property in the year 1973.(ii)The first plaintiff is the widow and the plaintiffs 2 to 8 are the sons and daughters of Arokianathan who died in the year 1976. After death of the sa...
M/S. Srilankan Airlines Vs. Commissioner of Service Tax, Chennai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Jul-16-2012
Mathew John The appellants are engaged in the business of transportation of cargo by air. For the period 15.3.2005 to 23.6.2005 they did not pay any service tax on such services rendered by them. Revenue issued show-cause notice demanding service tax and education cess totaling to over Rs.1.80 crores for the said period and the notice has been adjudicated confirming the demand along with interest and penalties. The appellants also have filed an application for raising additional grounds which they submit are legal grounds. This application is also being considered in this proceeding 2. The said service was exempted from payment of service tax under Notification No. 28/2004-ST dated 17.9.2004. However, this exemption was withdrawn by Notification No. 10/2005-ST dated 3.3.2005 with effect from 15.3.2005. When Notification No. 10/2005-ST was issued, Export of Service Rules, 2005 was also notified by Notification No. 9/2005-ST dated 3.3.2005 to be effective from 15.3.2005. As per the said ...