Court : Chennai Madurai
(Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnor for her wilful and wanton disobedience of the order to comply with the direction of this Hon'ble Court on 09.02.2015 passed in W.P(MD)No.14178 of 2014.) S. Manikumar, J. 1. Alleging disobedience of the order, made in W.P(MD)No.14178 of 2014, dated 09.02.2015, Mr.T.N.Vidyanandan/party-in-person, has filed the present contempt petition, to punish the respondent/Secretary to Government, Department of School Education, Chennai. 2. Facts in nutshell, giving rise to allegation of wilful and wanton disobedience of the order, made in W.P(MD)No.14178 of 2014, dated 09.02.2015, are that the party-in-person, has challenged G.O.No.2080, Education (D3) Department, dated 14.09.1977, and sought for a declaration, to declare the Minority Schools (Recognition and Payment) Rules, 1977, as inoperative, in the light of Article 30(1) of the Constitution of India. 3. Before the Hon'ble Division Bench, in W....
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(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to pay Rupees Fifty Lakhs (Rs.50,00,000/-) compensation to the petitioner, the petitioner's son and daughter for the death of the petitioner's wife Rukmani, who died on 04.05.2012 consequent to provide Nitrous Oxide instead of given oxygen in respondent No.3 hospital to the petitioner's wife at the time of conducting family plainning operation on 19.03.2011.) INTRODUCTION: 1. The Medical Officers of Government Nagercoil Medical College Hospital administered Nitrous Oxide instead of medical oxygen to the wife of the petitioner, while she was admitted there for vasectomy, resulting in developing neurological complaints and her ultimate death in a coma condition. The deceased suffered physically and mentally for a period of 411 days in various hospitals including Madurai Government Rajaji Hospital and Christian Medical College Hospital, Vell...
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(Prayer:Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C., to call for the records in M.C.No.90/Pro/DC.LandO/Tin-C/2016 and the order, dated 14.06.2016 on the file of the Executive Magistrate/Deputy Commissioner of Police (Law and Order), Tirunelveli City and revise the same.) 1. Petitioner, a detenue, who has been confined in Central Prison, Palayamkottai pursuant to the order dated 14.06.2016 passed by the second respondent/Executive Magistrate/Deputy Commissioner of Police (Law and Order), Tirunelveli City, directed this revision, challenging the legality and propriety of the said order of detention. 2. Petitioner belongs to Palayamkkottai in Tirunelveli District. On 05.03.2016, in Crime No.288 of 2016, under Section 110 (e) and (f) Cr.P.C, an F.I.R. has been registered as against him by the Sub-Inspector of Police, Palayamkkottai Police Station, on the ground that he exhibited disorderly and unruly behaviour. 3. On 08.03.2016, the 2nd respondent issued him show ...
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(Prayer: Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.9688 of 2015 dated 22.06.2015) S. Manikumar, J. 1. Challenge in this appeal, is to an order, made in W.P(MD)No.9688 of 2015, dated 22.06.2015, by which, the Writ Court has declined to issue a Writ of Certiorarified Mandamus, to quash the proceedings in Na.Ka.No.36267/O.Na.3/2014-1, dated 07.05.2015, of the Director of Local Fund Audit Department, Chennai, 2nd respondent herein. The Writ Court has declined to grant any direction to the respondents, to sanction pensionary benefits to the appellant, in the post of Assistant Inspector and Deputy Inspector, in Local Fund Audit Department, for the period from 05.10.2001 to 21.01.2013, along with arrears of pension and other terminal benefits. 2. Facts leading to the writ appeal, are that the appellant resigned from service on 21.01.2013 due to family circumstances. It was accepted by the Director of Local Fund Audit Department, Chennai, 2nd responden...
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(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for the records relating to the impugned resolution of the third respondent Council dated 17.08.2016 and the consequential proceeding issued by the third respondent Registrar in Ref. No.TNMC/G 705/2016, dated 17.08.2016 and to quash the same.) 1. The minutes of the Executive Committee Meeting of the Tamil Nadu Medical Council, Chennai, dated 17.08.2016, reads as under:- The Executive Committee Meeting of the Tamil Nadu Medical Council resolves to accept the resignation of Dr.K.Senthil, President, Tamil Nadu Medical Council, submitted on 12.08.2016 and Dr.A.Jayalal, Vice-President, to continue as President In-charge of the Tamil Nadu Medical Council. 1.1. This impugned resolution, dated 17.08.2016, of the Executive Committee of the Tamil Nadu Medical Council, Chennai, (second respondent) allegedly accepting the alleged resignation of the President, Dr.K.Senthi...
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(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the impugned demand notice of the respondents 1 and 2 dated 05.01.2016 and the consequential impugned proceedings of the second respondent dated 08.02.2016, quash the same.) 1. Challenging the demand of property tax issued by the respondent Corporation, the petitionerschool is before this Court. 2. The only contention which has been raised by the petitioner is that the respondent Corporation has no jurisdiction to levy property tax for the reason that as per Section 122 of the Madurai City Municipal Corporation Act the petitioner School is totally exempted from the purview of such tax. Further, the petitioner school has got huge buildings which are not assessed to property tax as per Section 122 (c) of the Municipal City Municipal Corporation Act, 1971. They are exempted from payment of property tax and there are no other enabling prov...
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(Prayer: W.P.(MD).Nos.12174 to 12777 of 2016: Writ Petitions filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in his proceedings in TIN No.33305563701/2012-13 and 2013-2014 and quash the order dated 17.03.2016 as it is unlawful and further direct the 1st respondent to grant an opportunity for adjudication and thereafter to pass order afresh in all perspective on its merits in terms of the decision of this Hon'ble Court reported in 9 VST 478/2007.) CommonOrder: 1. Since the issue involved in all the Writ Petitions is one and the same, these matters are taken up together and disposed of, by this common order. 2. M/s. Kalpataru Power Transmission Ltd, represented by its Authorised Signatory, Mr. Jeyendra Govindlal Shah, Tirunelveli Junction, challenges the impugned orders, dated 17.03.2016, passed by the first respondent, on the ground that the notice, dated 25.05.2015 was not properly ...
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(Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order passed in W.P(MD)No.1831 of 2007, dated 27.09.2011.) M. Sathyanarayanan, J. 1. The respondent/writ petitioner made a challenge to the constitutional authority of Explanation V under Section 2(1)(aa) of the Tamil Nadu Additional Sales Tax Act, 1970, introduced by the Amendment Act 23 of 2002, to be ultra vires the Constitution of India and beyond the legislative competence of the State and the learned Single Judge, vide order dated 27.09.2011, had upheld the said plea and held that the said Explanation is ultra vires the Constitution of India, being beyond the competence of the State Legislature. 2. The appellants/Revenue aggrieved by the said order, had filed this writ appeal. 3. The facts leading to the filing of this appeal, briefly narrated, are as follows: 3.1. The respondent/writ petitioner is in the field of manufacturing, laying, joining, testing and commissioning of PSC pipes, for water supply scheme...
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(Prayer: Appeal filed under Section 11 of the TNPID Act, against the impugned order dated 18.06.2014 made in O.A.No.19 of 2011 on the file of Special Court under TNPID Act Cases (Financial Establishment), Madurai.) 1. This matter relates to unfortunate depositors whose deposits are not returned for more than 15 years. 2. The 2nd respondent/Ravi and Company Bankers, Dindigul, collected deposits from 1521 persons to the tune of Rs.3,62,68,430/- before the year 2000. In spite of the deposits got matured, the depositors were not returned with money. Hence, about 528 complaints were sent by those depositors to various authorities. 3. Acting on the complaints, the Government issued G.O.Ms.No.1362, Home (Courts IIA) Department, dated 18.12.2000, under Section 3 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, (shortly, the Act) by making interim attachment of the properties and the money as per the schedule to the said G.O. At this juncture, it ...
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(Prayer: Writ Appeal (MD).No.1221 of 2016 and Writ Appeal (MD).SR.No.47454 of 2016 filed under Clause 15 of the Letters Patent against the order, dated 15.06.2016 passed by the learned single Judge in W.P.(MD).No.8439 of 2015 on the file of this Court. C.M.P.(MD).No.11934 of 2016 in W.A.(MD).SR.No.47454 of 2016 filed under Section 5 of the Limitation Act to condone the delay of 127 days in filing appeal against the order, dated 15.06.2016 in W.P.(MD).No.8439 of 2015 on the file of this Court.) Common Judgment: R. Subbiah, J. 1. Since W.A.(MD).No.1221 of 2016 and W.A.(MD).SR.No.47454 of 2016 arise out of the same judgment, they are disposed of by this common judgment. 2. Aggrieved by the order dated 15.06.2016 passed by the learned single Judge in W.P.(MD).No.8439 of 2015, the fourth respondent in W.P.(MD).No. 8439 of 2015 has filed W.A.(MD).No.1221 of 2016 and the State has preferred W.A.(MD).SR.No.47454 of 2016, along with the petition for condonation of delay of 127 days in filing th...
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