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S.R. Balasubramaniyan, M.L.A. Vs. State of Tamil Nadu Rep. by Its Secr ...

Court : Chennai

Reported in : 2006(3)CTC129; (2006)2MLJ244

..... the legislative assembly of the state of tamil nadu passed the tamil nadu panchayats (second amendment) act, 2005 (act 15 of 2005) amending the provision of section 239(2) (b) of the tamil nadu panchayats act, 1994. ..... a period; that the government of tamil nadu therefore decided to remove the restrictions as to the age and as to the maximum period of holding the office of the tamil nadu state election commissioner and amended sub-section (2) of section 239 of the tamil nadu panchayats act suitably for the said purpose and that article 243k(4) of the constitution of india permits the state legislature to make provisions with respect to matters relating to or in connection with election to the panchayat and as such, the tamil nadu act 15/2005 is not violative of the ..... elections within the two successive terms of two years of reappointment and therefore, to enable the tamil nadu state election commissioner to use his knowledge and experience gained over a period to conduct atleast one general election to the said panchayats, the government decided to remove the restrictions as to the age and as to the maximum period for holding the office of the tamil nadu state election commissioner and to amend sub-section (2) of section 239 for the said purpose. ..... by tamil nadu act 15 of 2005, the words 'for two successive terms' and the provisos in clause (b) of sub-section (2) of section 239 stood omitted and the amended section 239(2)(b) reads as follows: -(b) the t.n. .....

M/s. Gupta and Co. Vs. The State of Tamil Nadu, rep. by its Secretary, ...

Court : Chennai

..... as the demands were raised only in the year, 2012, the petitioner contended that the amended section 81 (3) (a) of tamil nadu district municipalities act, (hereinafter, referred to as 'the act') was not applied to calculate the applicable vacant land tax for the first spell, and the demand was issued contrary to the principles of natural justice, as no pre-assessment notice was issued, nor an opportunity ..... , in na.ka.no.5978/2012/a1, and order, dated 10.02.2016, in na.ka.no.5978/2012/a1, and to quash the same, and consequently, to forbear the respondents form collecting vacant land tax from the petitioner, except by applying the provisions of the amended tamil nadu district municipalities act, 1920 and rules framed thereunder. ..... it was further contended that the relevant rules, namely tamil nadu town panchayat iii grade, municipalities, municipalities and municipal corporation (levy of property tax on vacant land), rules 2009, came into force on 01.09.2009, which stipulates the procedure for fixing the vacant land tax for lands ..... , w.p.no.14307 of 2016, seeking to quash the government order, passed in g.o.ms.no.151dated 20.08.2009, which notified tamil nadu town panchayats, third grade municipalities, municipalities and municipal corporations (levy of property tax on vacant land) rules, 2009, and to the extent that it was not made to operate retrospectively. ..... , from second half year 2005-06 to first half year 2009-10, and from second half year 2009-10 to second half year 2011-12. .....

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

Court : Chennai

..... , the tamil nadu municipal laws (second amendment) act, 2016 and the tamil nadu panchayats (second amendment) act, 2016, as unconstitutional, ultra vires the constitution of india and consequentially direct respondents 2, 4 and 5 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 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 corresponding reservation ; iii) to ..... 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 on the date of commencement of the amendment act .....

P. Subbulakshmi Vs. State of Tamil Nadu Rep. by Secretary to Governmen ...

Court : Chennai

Reported in : (2007)6MLJ919

..... for re-constitution of 561 special grade village panchayat as town panchayats; that in the tamil nadu municipal laws (amendment) ordinance (tamil nadu ordinance 4/2000) promulgated on 14.07.2006, later repealed by tamil nadu municipal laws (amendment act 2006) - tamil nadu act 18 of 2006, special provisions relating to village panchayats constituted as town panchayat (section 3cc) have been inserted in the act; that by virtue of the said amendment, the petitioner is entitled to hold office upto such date as the state government fix in this behalf under the tamil nadu panchayats act, 1994, hence, the contention of the petitioner ..... before the date of constitution of such village panchayat as town panchayat under this act shall be deemed to be the chairman and members of such town panchayat elected under this act and such chairman and members shall continue to hold office upto such date as the state government may, by notification, fix in this behalf or, in case no such date is fixed, up to the date on which their term of office would expire under the tamil nadu panchayats act, 1994 (tamil nadu act 21 of 1994) and such chairman and ..... the state government, in order to reconstitute the 561 special village panchayat, including courtlam special village panchayat as town panchayat under the tamil nadu municipalities act decided to amend the tamil nadu act 31 of 1994 by introducing special provisions namely section 3(cc) which is extracted above. .....

N. Sreedharan Nair and ors. Vs. Mottaipatti Chinna Pallivasal Muslim J ...

Court : Chennai

Reported in : 2003(2)CTC129; (2003)2MLJ164

..... under the amending act 13 of 1960, the buildings relating to the tenancies of the statutory authorities such as the corporation of madras for the city of madras; municipal council concerned in any other municipal area township committee concerned in any township; by the panchayat or by the panchayat union council constituted under the tamil nadu panchayat act, 1958 and the tamil nadu village panchayats constituted under the village panchayat act, 1950 as well as the district board, are exempted.31. ..... this is clear from the following passage:'the question that falls to be considered is whether the second right, namely, the right of a tenant to apply to the court for an order directing the landlord to sell the land to him for a price to be fixed by it, under section 9 of the principal act is a right to property. ..... the question that falls to be considered is whether the second right, namely, the right of a tenant to apply to the court for an order directing the landlord to sell the land to him for a price to be fixed by it, under section 9 of the principal act is a right to property. ..... notes:-proviso to sub-section (3) of section 1 added by madras act iii of 1960 and the second proviso inserted by madras act xxv of 1955. .....

S. Udhayakumar, Advocate Vs. the State of Tamil Nadu, Rep. by Its Secr ...

Court : Chennai

Reported in : (2002)3MLJ476

..... section - 6: notwithstanding anything contained in the 1919 act, the 1971 act, the 1981 act or the 1920 act, as amended by this act, or in any other law for the time being in force or in any judgment, decree or order of a court, if a member of a legislative assembly of the state or a member of either house of parliament holds the office of mayor or deputy mayor of a municipal corporation or chairman or vice-chairman of a municipality or of a town panchayat immediately before the date of publication of this act in the tamil nadu government gazette, he shall cease to hold such ..... gopalan, learned senior counsel for the petitioner and learned additional solicitor general of india, appearing for the petitioner and the second respondent respectively, submit that on the advent of the constitution (73rd amendment) act, 1992, the matters relating to municipalities have to be viewed in the perspective of the constitutional provisions contained in part ix-a and they rely upon the judgments in state of a.p. ..... fact remains that section 30 has not been amended and in so far as the constitutional (73rd amendment) act is concerned, there is no such fetter placed upon the legislature to restrict the election of mayor for only one term and to prevent him from contesting for the second consecutive term. ..... was for the state government to amend section 30 of the act making the mayor eligible to contest for the second consecutive term but there is no such amendment brought forth by the state government .....

S.Kannan. Vs. the Commissioner

Court : Chennai

..... (ms) no.151 dated 20.08.2009, the government ordered amendment to section 81 of tamil nadu district municipalities act to levy minimum and maximum rates of property tax on vacant lands on square foot ..... division and also approval of the building plan is illegal, unconstitutional and ultra vires the provisions of tamil nadu district municipalities act and consequently, direct the respondent to approve sub division of the plot on the application submitted by the appellant on 16.07.2007 on the basis of the planning permission accorded in roc.no.664/2007/n.l.p.a. ..... (ms) no.151 dated 20.08.2009 was passed amending tamil nadu district municipalities act and also the rules thereon stipulating minimum and maximum property tax rates for the vacant land on square ..... contention of appellant is that without passing any resolution, respondent municipality has no power to levy vacant land tax and such levy is unconstitutional and ultra vires the provisions of tamil nadu district municipalities act and also article 265 of constitution of india, appellant filed the writ petition for issuance of declaration declaring that levy, demand and collection of vacant land tax as condition precedent for grant of sub ..... second grade, third grade municipalities and town panchayats ..... (md) nos.1966 of 2005 and 1992 of 2007 and ..... 3929 of 2005 and batch. ..... (md) no.1966 of 2005 and batch and also the judgment in .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... . the impugned provisions were incorporatedby the west bengal taxation laws (second amendment) act 1989 into the westbengal primary education act, 1973 and the west bengal rural employment andproduction act, 1976, both the amendments were identical and have been setout in the earlier part of this judgment.while the state sought to justify the levy of impugned cess by reference toentry 49 of list ii, the ..... 1 scc 707 to have been correctly decided theimpugned levy on tea estates as levied by the west bengal taxation laws(second amendment) act 1989, is held to be intra vires the constitution.however, in brief, we may state that the impugned ..... area istaken out of the administration by the other bodies of local self-government such as municipality or panchayat, but any other master plan ordevelopment plan formulated by any other authority ceases to apply to sucharea.it was contended on behalf of the writ petitioners-appellants that whethera major or a minor mineral, by virtue of the provisions contained in themmdr act, 1957 and u.p, mine & minerals concession rules 1963, framed inexercise of the power conferred by ..... tamil ..... theappellant was required to pay, by the madras panchayats act, 1958, localcess at the rate of 45 paise per rupee of the royalty already being paid.the question formulated by the court, as arising for decision was : is cesson royalty a ..... michigan.the high court of kerala recently by a judgment dated 16th december,2003 in perumatty gram panchayat perumatty vandithavalam p.o .....

S. Vimala Vs. the Secretary to Government Municipal Administration and ...

Court : Chennai

Reported in : (2008)4MLJ11

..... it is their further submission that after chapter i-b has been inserted by the tamil nadu municipal laws (amendment) act (18/2006), the town panchayats have also been brought within the purview of the tamil nadu district municipalities act and therefore, town panchayats form part of the tamil nadu district municipalities act, in which event, unless and until the amendment is effected to section 40-a, the assistant director of town panchayat cannot have any jurisdiction to preside over the meeting and conduct elections and so on. ..... the tamil nadu district municipalities act in respect of district municipalities created under section 4 of the act are different and distinct from the town panchayats administered by the assistant directors of town panchayat and therefore, by appointing the assistant directors of town panchayat, the functions to perform under section 40-a of the act are borrowed from the said act for the purpose of town panchayats and it is well within the powers of the state government and there arises no question of amendment to the tamil nadu district municipalities act, because .....

Odeon Mani Tiraiarangam, Represented by Its Partner, M. Rajasekharan a ...

Court : Chennai

Reported in : (1983)2MLJ392

..... irrespective of the fact whether the earlier declaration under the tamil nadu panchayats act, 1958 was amended or not, the areas in question became part of the city of madras, from the ..... are municipalities second grade, municipalities third grade and selection grade, panchayat towns, other panchayat towns, and panchayat villages.. ..... municipalities second grade, municipalities, third grade and selection grade panchayat towns are concerned, they are specifically mentioned in schedules i and ii of the tamil nadu entertainments tax act. ..... was permitted under section 5-b (3) by the second respondent, and accordingly the petitioner has been ..... since the second respondent held out that section s-b alone is applicable to the petitioner's theatre, he has made commitments with various distributors on that promise and therefore, the second respondent cannot revert back to the old system of collecting entertainment tax in ..... the entertainment tax officer (second respondent) it is claimed, would not be competent to seek to levy tax otherwise than under section 5-b on ..... issue of a writ of mandamus, or any other appropriate writ, order or direction in the nature of a writ of mandamus, forbearing the respondents from in any way giving effect to or enforcing the circular notice of the second respondent in re. no. ..... the second respondent has issued a further notice to the petitioner, dated 1st july, 1978 requiring him to submit revised daily collection reports for the weeks ended 4th june, 1978 ; 11th june, .....