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New Tirupur Area Development Corporation Ltd. Vs. K.Poomani

Court : Chennai

..... also filed writ appeals as against the main order passed in w.p.nos.25352 and 25353 of 2008, wherein learned single judge, by order dated 12.01.2009 held that in the absence of any order issued by the government under section 9 of the tamil nadu groundwater (development and management) act 2003, neither the revenue authorities nor the police authorities got any power to obstruct the petitioner from drawing ground water from open wells and ..... said contention and with the new tiruppur area development corporation limited not being a main party in the writ petition, the present appellant filed a petition in m.p.no.2 of 2008 contending that the impleading party was created as a special purpose vehicle under the support of government of tamil nadu to implement the project on drawing water from bhavani river to tiruppur, which would not only be beneficial for the public at large and to the industries located ..... thus, in the background of the government order, in exercise of executive power and which has nothing to do with the passing of the repealing of the act, we feel, the proper course herein would be to set aside the order of the learned single judge in the writ petitions as well as the order rejecting the impleading petitions and direct the parties to ..... (iv) since 2003, the municipal corporations like chennai, coimbatore, madurai ..... the municipal administration and water supply department, ..... commissioner, tiruppur municipality, tiruppur.5 ..... commissioner, tiruppur municipality, tiruppur.2 .....

Dravida Munnetra Kazhagam rep. by its Organisation Secretary R.S. Bhar ...

Court : Chennai

..... the above batch of writ petitions have been filed by the respective political parties in the state of tamil nadu praying this court for the following reliefs :- i) to declare the tamil nadu municipal laws (2nd amendment) act, 2016 and the tamil nadu panchayats (2nd amendment) act, 2016 as ultra vires the constitution ; ii) to direct the respective respondents to conduct the urban and rural local bodies election 2016 based on the delimitation of wards to be made based on 2011 census with ..... the acts were called the tamil nadu municipal laws (2nd amendment) act, 2016 and the tamil nadu panchayats (2nd amendment) act, 2016, wherein sections 48-aaaa, section 50-aaa, section 52-aaa, section 43-aaa were inserted in the chennai, madurai and coimbatore city municipal corporation act and tamil nadu district municipalities act with regard to the territorial divisions of the city, the total number of divisions and the total number of councillors to be returned from such divisions, which would remain the same as existing ..... of mandamus directing the respondents herein to appoint independent central government officials in the conduct of local body election 2016 with the help of independent observers of the central government and central police force instead of officials working under the tamil nadu state government and also to appoint the central government officials as the electoral officers to ensure free and fair conduct of urban and local body election 2016-21 for all candidates in the .....

The Associated Cement Companies Ltd. Vs. the State of Tamil Nadu and a ...

Court : Chennai

Reported in : [1986]63STC63(Mad)

..... , by its letter dated 11th january, 1979, drew the attention of the commissioner of commercial taxes to the fact that madukkarai, where the factory of the company is situate, is not within the municipal limits of coimbatore town and enquired whether the sale and delivery of the cement by the company at madukkarai as per its standard terms and conditions of sale would attract the provisions of the tamil nadu sales tax (surcharge) act, 1971. ..... with reference to the sales of cement effected by the company in accordance with the standard terms and conditions above referred to, though under section 5 of the tamil nadu sales tax (surcharge) act, 1971, the sale of cement shall be deemed to have taken place at madukkarai since the goods were at madukkarai works at the time when the contract of sale or purchase was made, yet, madukkarai, where ..... , while dealing with the appeals preferred by the company, though fit to dismiss them on the short ground that the freight had been properly included in the turnover under the tamil nadu general sales tax act and the levy of surcharge thereon was, therefore, in order and that the subject-matter of the appeal sought to be introduced in c.t.m.p. ..... opinion of the counsel, the company wrote on 11th january, 1979, to the commercial taxes department for a clarification whether the provisions of the tamil nadu sales tax (surcharge) act, 1971, are applicable to the transactions of sale and despatch of cement effected by the company from its factory at madukkarai .....

V. Dhanasekaran, Vs. M. Ganesan and ors.

Court : Chennai

Reported in : (2007)6MLJ533

..... of junior assistant in the municipal service are covered under the tamil nadu municipal services rules, 1970, framed under the tamil nadu district municipalities act, 1920. ..... 237 ma&ws; department, dated 26.9.1996 is in consonance with the general rules relating to the government service, particularly rule 25 of the tamil nadu municipal service rules and therefore even in the absence of the government order referred above, as per the said service rules, the date of passing the tests is not the criteria and the date of entry ..... the learned counsel also submitted that as per rule 26 of the tamil nadu municipal service rules, 1970, promotions are to be made to a class or category of service on the ground of merit and ability and seniority is taken into account only if the merit and ability are approximately equal and ..... admittedly rule 25 of the tamil nadu municipal service rules, 1970 is applicable for preparing the ..... (b) under rule 5 of the tamil nadu municipal services rules, 1970 (hereinafter referred as the rules), for promotion to the post of assistant, the candidates should have passed the prescribed ..... on and from 1.6.1994, the salem municipal corporation was formed by the act 29 of 1994 and as per section 9(6)(a) of the salem municipal corporation act, 1994, the terms and conditions applicable to such officers and employees, consequent to their absorption in the service of the corporation, shall not be less favourable than those applicable to such employees immediately after .....

Mr. N.G. Karunakaran Vs. the Chairman, National Highways Authority of ...

Court : Chennai

Reported in : AIR2005Mad248; (2005)2MLJ446

..... viduthalai, learned counsel for the petitioner, is, that the roads in question are vested with the municipality, perambalur; the usage of such main roads is governed by the tamil nadu district municipalities act,1920 and that the municipality, through its executive officer and the municipal council, has not followed the mandatory provisions of sections 180,180-a, 181 and 182 of the act, while granting no objection certificate, which is the basis for the subsequent orders passed by the officials ..... records produced by the counsel for the respondents would clearly show that ravichandran applied for permission both to the municipality and the district collector, for construction of arches in two places, and the district collector, after getting reports from the divisional engineer of highways and the district superintendent of police, dated 20.12.2004 and 14.01.2005 respectively, sent recommendation to the secretary to government of tamil nadu, highways department, on 15.01.2005, after following the guidelines stipulated in g.o. ms. no. ..... (b) the district collector called for reports from the divisional engineer concerned of the state highways department and also the district superintendent of police and both of them recommended for permission and gave their opinion that the proposed locations for construction of arches would not cause hindrance to the public traffic. .....

Sakhi Gopal Agrawal and ors. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2003(4)MPHT1; 2003(3)MPLJ554

..... return within sixty days from the date on which he had submitted the return and if the amount of property tax exceeds according to the revised return, then he shall deposit such amount in the municipality along with the revised return : provided that if the amount of property tax deposited earlier exceeded according to the revised return, then he may demand to refund such excess amount and after scrutinising of ..... the fair rent payable by the tenant has been determined and there is no justification lor refusing to accept that fair rent as rental value of the premises, the municipal authorities should generally accept the standard rent fixed, notwithstanding the non-applicability of the rent acts because such a view would be a reasonable guideline to determine the rate of rent at which such land or building might, at the time of assessment, be reasonably ..... as to the basis or principle of assessment or as to the amount of tax assessed an appeal shall lie from the decision of the council to the civil judge, class i having jurisdiction over the municipal area and if there be no civil judge, class i at the headquarter of the municipality to the civil judge, class ii having jurisdiction at such headquarter and if there be no civil judge, class ii at such headquarter to the civil judge, class iii having jurisdiction, and in case of ..... of tamil nadu, air ..... we may repeal at the cost of repetition that in the earlier provision under the corporation act despite the non-obstante clause the .....

Anil Kumar Gulati and ors. Etc. Vs. State of M.P. and ors. Etc.

Court : Madhya Pradesh

Reported in : AIR2004MP182

..... on which he had submitted the return and if the amount of property tax exceeds according to the revised return, then he shall deposit such amount in the municipality along with the revised return;provided that if the amount of property tax deposited earlier exceeded according to the revised return, then he may demand to refund such ..... tenant has been determined and there is no justification for refusing to accept that fair rent as rental value of the premises, the municipal authorities should generally accept the standard rent fixed, notwithstanding the non-applicability of the rent acts because such a view would be a reasonable guideline to determine the rate of rent at which such land or building might, at the ..... general sanitary cess, general lighting tax and general fire tax as determined under sub-sections (4) and (5) of section 132, in case of municipal corporation and under sub-sections (4) and (5) of section 127 in case of municipal council and nagar panchayats, in the amount of property tax payable and after indicating the information in the return appended to these rules, deposit ..... and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon municipalities, subject, to such conditions as may be specified therein, with respect to -(b) the preparation of plans for economic development and social justice;(c) the performance of functions and ..... tamil nadu .....

Dravida Munnetra Kazhagam and ors. Vs. the Tamil Nadu State Election C ...

Court : Chennai

..... complaint made by one thiru.t.k.s.elangovan, organising secretary of the dmk, which was forwarded by the state election commission to the commissioner of police for taking necessary action at once and inform him about the action, all other 29 complaints which were filed before the court contained the seal of the tamil nadu state election commission transmitting such complaints for necessary and immediate action and report by fax, signed on behalf of the secretary. ..... (xi) according to the first respondent, the re-polling in 17 booths in ward nos.23, 35, 45, 48 and 149 were ordered based on the report made by the commissioner, corporation of chennai in exercise of the requirement under rule 55 of the tamil nadu town panchayats, thrid-grade municipalities, municipalities and corporations (elections) rules, 2006. ..... , m.l.a.s and the son of the mayoral candidate sponsored by aiadmk as the people who took initiative for doing such corrupt practices.36.though the writ petition filed in connection with the municipal corporation election held on 13 october 2006 contains the details of acts of booth capturing, bogus voting, large scale violence resulting in registration of several first information reports, helplessness pleaded by the voters, total breakdown of constitutional machinery, collusion of polling officers with the ..... gujarat assembly election, 2008 (2) scc 237, the supreme court underlined the duty of the election commission to conduct free and fair election.92.in janak singh vs. .....

K. Sundaralingam Vs. 1. the District Collector

Court : Chennai

..... to the contention that the petitioner has an effective, viable and alternative remedy of approaching the state government either to suspend or cancel the resolution in terms of the tamil nadu district municipalities act, 1920, the learned additional advocate general for the respondents 1, 3 and 13 seeks in aid of the division bench judgment of this court in kanagam and ..... . disposition:- on a careful consideration of the respective contentions and also this court bearing in mind of an essential fact that the second respondent/devakottai municipality had not allotted eight shops in question to the respondents 4 to 11 based on the conduct of fresh tender-cum- auction by following the ingredients of the tamil nadu transparency in tenders act, 1998, this court to prevent an aberration of justice, on this ground alone (without going into the aspect as to whether the ..... counsel for the respondents 4 to 11 submits that the petitioner, as per section 36 (1) of the tamil nadu district municipalities act, 1920 can approach the government which has power to suspend or cancel the resolution in question ..... respondents 2 and 12 submits that on 10/10/2014, the hall in which the council meeting would be usually convened was locked and a police complaint was lodged by the second respondent and that the second respondent was unaware as to who had locked the meeting hall ..... . commissioner, coimbatore corporation, coimbatore and others reported in {(2008) 3 mlj185, at special page no.186, wherein it .....

Dindigul Anna District Tax Payers Sangam Represented by Its President, ...

Court : Chennai

Reported in : (1995)2MLJ43

..... the notices under rule 9/10 of the rules fixing the annual value not on the basis of the provisions of the act and the tamil nadu buildings (lease and rent control) act, but on the basis of the guidelines issued by the commissioner of municipal administration, that the second respondent classified the entire town into four zones and fixed the basic value for each zone ..... 1946 and 3118 of 1994 the second respondent served notice on the members of the petitioner sangam under rule 9/10 of schedule iv to the tamil nadu district municipalities act (hereinafter referred to as the act) proposing to raise the annual value of the property on and from 1.10.1993, that the second respondent propose to raise the annual value arbitrarily without ..... of the guidelines dated 14.5.1993 that the said guidelines were issued only to enable the municipal authorities to arrive at their own figure of fair rent of the buildings in accordance with the principles laid down under section 4 of the tamil nadu buildings (lease and rent control) act and section 82(2) of the act and to ensure objectivity and avoid arbitrariness in the determination of the annual value of the ..... the reason for issuing the guidelines is stated in the preamble portions of the guidelines as follows:as per section 82(2) of tamil nadu district municipalities act, 1920, the annual value of lands and buildings is deemed to be the gross annual rent at which they may reasonably be expected to be let from month to month or from year to year .....