Chennai Court December 2015 Judgments
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K. Nehruprakash Vs. The Government of Tamil Nadu represented by its Ad ...
Court: Chennai
Decided on: Dec-08-2015
(Prayer:- This Writ Petition is filed to issue a Writ of Certiorari to call for the records of the 1st Respondent in GO(D)No.119 Industries (MMC.1) Department, dated 1.7.2015, confirming the orders of the Respondents 2, 3 and 4, passed in proceedings Ref.Rc.No.4296/MM2/2013, dated 29.4.2014, Ref.Rc.GM.1/601/2012, dated 8.4.2013 and Na.Ka.A2-9222-2012, dated 21.12.2012, respectively and to quash the same.) 1. In this Writ Petition, the Petitioner seeks to quash the proceedings of the 1st Respondent, dated 1.7.2015, confirming the orders of the Respondents 2, 3 and 4, dated 29.4.2014, 8.4.2013 and 21.12.2012, respectively, imposing penalty for the alleged excess quarry. 2. The case of the Petitioner is as follows:- a. Pursuant to the petitioner's application dated 27.09.2007 for grant of quarry lease for quarrying Quartzite and Gravel (Minor Mineral) from the patta land bearing SF.No.555/1C1 to an extent of 4.04.5 Hectares in Ottapidaram Village and Taluk, Thoothukudi District, the 4th R...
M. Manoharan Vs. The Member Secretary, State Environment Impact Assess ...
Court: Chennai
Decided on: Dec-08-2015
(Prayer:- This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records of the 3rd Respondent in Na.Ka.No.31/Mines/2014, dated 16.5.2015 and to quash the same and to direct the Respondents 1 to 7 to prevent the 8th Respondent from doing sand/gravel quarry in the lands comprised in S.No.870 to an extent of 3.00.0 hectares situated at Ramakulam, Madhathukulam Taluk, Komaralingam Village, Udumalpet Taluk, Tiruppur District so as to save the agriculture operations carried out by the Petitioner in the said lands.) 1. The Petitioner has challenged the issuance of quarry lease in the petition mentioned lands granted to the 8th Respondent by the impugned order of the 3rd Respondent dated 16.5.2015 and for a direction to the Respondents 1 to 7 to prevent the 8th Respondent from doing quarrying activities in the said lands. 2. The case of the Petitioner is that by the impugned order dated 16.5.2015, of the 3rd Respondent, the 8th Respondent was granted sand/grave...
M/s. Jeyyemaarr Vs. The Commissioner of Customs, Chennai and Others
Court: Chennai
Decided on: Dec-08-2015
(Prayer:- This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondent to renew the Custom Broker licence No.R644/CHA, as per the application dated 1.7.2015 of the Petitioner.) 1. In this Writ Petition, the Petitioner seeks for a direction to the 1st Respondent to renew the Custom Broker licence No.R644/CHA, by considering his application dated 1.7.2015. 2. The case of the Petitioner is that the Petitioner is a Custom House Agent and he was issued with CHA licence under Section 146 of the Customs Act, which is valid upto 2015. Based on the investigation report of DRI, the Respondents alleged that during April 2011 to Separately 2013, Bill of Entries were filed by the Petitioner on behalf of M/s.Shahi Foods, Chennai and M/s.High Regards International, Chennai, declaring the goods as biscuits, juices, confectionery, cheese, sausages and beverages without obtaining authorization and without verifying the antecedents, correctness and identity of their clients and violat...
B. Muniappa Vs. The State of Tamil Nadu, Rep. By its Secretary to Gove ...
Court: Chennai
Decided on: Dec-08-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari, to call for the records relating to notification vide G.O.Ms.No.108 and G.O.Ms.No.110, Industries (MIG-2), dated 07.09.2006 published by the Industries Department at page of Part-II Section-2 of the Tamil Nadu Government Gazette, (Extraordinary) dated 7th September 2006 issued by the first respondent in respect of the petitioner's property in survey Nos.132/1B, 132/2, 133/2A, 140/2A, 140/2B, 141/1, 141/2A, 141/2B and 141/2C respectively 0.32.0 (part), 0.73.0 (part), 0.45.5 (part), 0.24.0 (Part) 0.74.0 in 105, Moranapalli Village Block IV Hosur (TK), Krishnagiri District and quash the same as illegal, arbitrary and violation of fundamental rights guaranteed under the Constitution of India.) 1. The petitioner has submitted that he owns piece of lands 0.32.0 (part), 0.73.0 (part), 0.45.5 (part), 0.24.0 (Part) 0.74.0 (part), 0.05.0 (part), 0.22.0 part), 0.04.0 (part) and 0.01.0 (part) in S...
M/s. Saro International Freight System Vs. The Commissioner of Customs ...
Court: Chennai
Decided on: Dec-08-2015
(Prayer:- These Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the Order-in-Original No.39599/2015, dated 13.7.2015 and notice dated 13.7.2015 issued from file No.R634/CHA and to quash the same.) Common Order: 1. In these Writ Petitions, the Petitioner has challenged the Order-in Original No.39599/2015, dated 13.7.2015, ordering for continuation of suspension of the Customs Broker Licence of the Petitioner and the show cause notice dated 13.7.2015, issued under Regulation 20 of the Customs Brokers Licensing Regulations, 2013 (hereinafter referred to as the Regulations). 2. The case of the Petitioner is that the Petitioner was granted a licence during 1999 to operate as a Customs House Agent. Based on intelligence that the Petitioner is under invoicing the imports and thus, is evading payment of customs duty, search operations were conducted by the Directorate of Revenue Intelligence, Chennai Zon...
P. Shanmuga Sundararaj Vs. The Commissioner of Geology and Mining, Che ...
Court: Chennai
Decided on: Dec-08-2015
(Prayer:- This Writ Petition is filed to issue a Writ of Certiorari to call for the records of the 1st Respondent in Rc.No.3331/MM(/2013, dated 25.6.2015, upholding the orders of the 2nd Respondent in Na.Ka.G.M.1/436/2012, dated 12.03.2013 and the order of the 3rd Respondent dated 15.10.2012 and to quash the same.) 1. This Writ Petition is filed, challenging the demand of the cost of mineral for the alleged excess removal of 12677 units being Rs.25,35,400/- and seigniorage fee of Rs.9,50,775/- and Rs.25,000/-, as penalty by the Respondents. 2. The case of the Petitioner is as follows:- a. The Petitioner was granted permission to remove soil in Chinnasamy Naicker Tank (Kanmai) to an extent of 10.00.00 hectares in Kulaiyankarisal Village, Tuticorin, by proceedings, dated 8.6.2009 of the 2nd Respondent for a period of 11 months from 8.6.2009 to 7.5.2010 under Rule 12 of the Tamil Nadu Minor Mineral Concession Rules, 1959. Subsequently, by proceedings dated 18.1.2011, the 2nd Respondent gr...
Roja Freed Bonded Labourers Welfare Association Vs. The State of Tamil ...
Court: Chennai Madurai
Decided on: Dec-08-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent's impugned notification in Na.ka.No.425/2013-Mines dated 06.11.2015 published in the Madurai District Gazette on 09.11.2015 and quash the same as illegal and consequently directing Respondents to grant of direct lease of stone quarry to the Petitioner's Society for the stone quarry situated in Survey No.41/1, Kadaneri Village, Peraiyur Taluk, Madurai District.) 1. The petitioner is the only Society for the Bonded Labourers in Tamil Nadu, according to the learned counsel for the petitioner. The petitioner's grievance is that when a Notification was issued for granting lease of stone quarries, the stone quarry to which the petitioner could seek for lease, was not included. Hence he has approached this Court. 2. The learned Additional Advocate General has produced the Notification issued by the District Collector...
The Management, Hotel Tamil Nadu, Tamil Nadu Tourism Development Corpo ...
Court: Chennai
Decided on: Dec-08-2015
(Prayer: These petitions are filed under Section 5 of the Limitation Act to condone the delay of 150 days in filing the Review Petition against W.A.Nos.1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521 and 1522 of 2014 dated 9.12.2014.) Common Order: P. Devadass, J. As these petitions have common factual matrix and common grounds have been taken, they were heard together and are being disposed of by this common order. 2. The Tamil Nadu Tourism Development Corporation Ltd is owned by the State Government. It is running hotels under the name and style of 'Hotel Tamil Nadu' in several places. One of it is functioning in Hogenakkal in Dharmapuri District. It employs several categories of employees. Certain workmen, who were employed for several years, have sought for regularisation of their services. It was refused by the Management. They have petitioned the Inspector of Labour, krishnagiri, the Competent Authority under the Tamil Nadu Industrial Establishments (Conferment of Perm...
Vembu and Others Vs. Managing Director, State Transport Corporation, K ...
Court: Chennai
Decided on: Dec-08-2015
(Prayer: Civil Miscellaneous Appeal filed under Section 173 Motor Vehicles Act, 1988 against the Judgment and decree dated 18.11.2010 in MCOP No.4 of 2009 on the file of the Motor Accident Claims Tribunal/Subordinate Court, Chidambaram.) 1. This Appeal has been filed by the claimants against the Judgment and Decree dated 18.11.2010 in MCOP No.4 of 2009 passed by the Motor Accident Claims Tribunal/Subordinate Court, Chidambaram, awarding a sum of Rs.3,95,000/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of realisation and costs against the claim of Rs.15,00,000/-. 2. On 23.9.2008 at about 10.30 p.m., while Dhanapal was driving the Auto bearing Reg.No.TN-02-C-0896 from Chidambaram to Vallampadugai, near Indian Overseas Bank, and overtaking a Mini Lorry, the appellant's Bus bearing Reg.No.TN-49/N-1765 came in a rash and negligent manner and dashed against the auto and caused the accident. The said Dhanapal succumbed to the injuries sustained in the...
The Inspector of Police, Thiruvennainallur Police Station, Villupuram ...
Court: Chennai
Decided on: Dec-08-2015
(Prayer: This Criminal Appeal has been filed under Section 378 of Code of Criminal Procedure, challenging the acquittal of the accused by the learned Principal Sessions Judge, Villupuram, by Judgment dated 4.3.2010 in S.C.No.76 of 2009.) Common Judgment: P.N. Prakash, J. 1. Aggrieved by the acquittal of the respondents/accused by the learned Principal Sessions Judge, Villupuram vide Judgment dated 4.3.2010 in S.C.No.76 of 2009, the State has preferred C.A.No.422 of 2010 under Section 378 of Cr.P.C. 2. Arumugam, the defacto complainant in this case has filed Crl.R.C.No.601 of 2010 under Section 397 r/w 401 Cr.P.C., challenging the acquittal of the respondents/accused. 3. The case of the Prosecution is as follows: (a) The deceased Pichaikaran, aged about 65 years, possessed agricultural lands in Pattikollai village and had disputes with Govindasamy (A-1), owner of the adjacent land, in connection with drawing of water from the nearby Korai river. It is also alleged by the Prosecution tha...
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