Court : Chennai Madurai
..... third period commences from 14.06.2004 when 566 town panchayats were reclassified as village panchayats, as a consequence of which those town panchayats went out of the purview of the tamil nadu district municipalities act, 1920 and came to be governed by the tamil nadu panchayats act ..... the learned counsel for the appellant is that the right of the writ petitioner to the grant of a licence should have been tested in the previous proceedings either with reference to the provisions of the tamil nadu panchayats act, 1994 or with reference to the provisions of the tamil nadu district municipalities act, 1920, as the case may be, depending upon the period of licence applied for. ..... petitioner came up with three writ petitions in quick succession, first in w.p.no.11405 of 2005, challenging the order of the panchayat dated 08.12.2005 cancelling the licence granted on 31.10.2005; second in w.p(md)no.1059 of 2006 challenging the initiation of proceedings by the panchayat for the acquisition of the rights to conduct the goat market under section 267-a of the tamil nadu district municipalities act, 1920; and the third in w.p. ..... of the tamil nadu district municipalities act, 1920, in its present form was actually incorporated only by way of amendment under the tamil nadu district municipalities act, 1930 ..... first period was upto the year 1994, when the tamil nadu panchayats act, 1994 was enacted pursuant to the 73rd constitutional amendment, declaring the local bodies as independent units of local .....
Tag this Judgment!Court : Chennai
..... after the constitution of the town panchayats, chapter i-b was inserted by the tamil nadu district municipalities (amendment) act, 2006 (tamil nadu act 18 of 2006), and under section 3-aa, the state government has been empowered to issue notification, directing that any of the provisions of the act and the rules made under the act or of any other enactment for the time being in force elsewhere in the state of tamil nadu, but not in the panchayat town, shall apply to that town panchayat to such extent and subject to such modification ..... it appears that by chapter i-a, the provisions relating to the third grade municipalities were inserted by the tamil nadu district municipalities (amendment) act, 1994 (tamil nadu act 25 of 1994) and under section 3-m of the said chapter, a provision was made to apply the act to the third grade municipalities. ..... , dated 31.3.1995 can be referred to for giving effect to the town panchayats, which were inserted vide chapter i-b, vide tamil nadu act 18 of 2006 by the tamil nadu district municipalities (amendment) act, 2006.13. ..... liberty is also given to the concerned town panchayat and its authorities, including the health officer, as defined under section 3(14) of the tamil nadu public health act, 1939, if so required to give notice to the fourth respondent-vijayan and inspect the premises in question (pig farm) to find out as to whether the piggery unit/pig farm is maintained hygienically without causing health hazard to the .....
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..... find that the said judgment was delivered on the tamil nadu panchayats act, 1994 to initiate action on the president of panchayat by the inspector of panchayat ..... . section 36 of the tamil nadu societies registration act, 1975 is extracted hereunder for better appreciation: ".36.power of registrar to inquire into the affairs of registered society:- (1)the registrar may, of his own motion or on the application of a majority of the members of the committee of a registered society or on the application of not less than one-third of the members of that registered society, or, if so moved by the district collector hold or direct some person authorised by the registrar by order in writing in this behalf to hold ..... petition filed under article 226 of the constitution of india praying for the issuance of a writ of mandamus to direct the first respondent to take action under section 36 of the tamilnadu society registration act on the basis of the petitioner's complaint dated 10.01.2013, pertaining to the amendment made to the bye-laws of the 2nd respondent society in the extraordinary general body meeting held on 23.12.2012 pursuant to the notice dated 16.11.2012, issued by the 2nd respondent. ..... close reading of the said section would show that the registrar may, of his own motion or on the application of a majority members of the committee of a registered society or on the application of not less than one-third of the members of that registered society can enquiry into the affairs of the society .....
Tag this Judgment!Court : Chennai
..... charge against the petitioner was that he had issued `no objection' certificates, in respect of the plots having an extent of 702 square feet, contrary to the provisions of the tamil nadu town and country planning act, 1971, which contemplates that the plots should have a minimum extent of 900 square feet. ..... the finding of the second respondent that the petitioner had misguided the council of the third respondent town panchayat, in passing the resolution, dated 1.7.2002, had not been substantiated with sufficient ..... guidelines issued by the state government had been amended, subsequently, by the proceedings, dated 20.3.2002, amending certain clauses in the government order, dated 1.2. ..... (d) no.235, ma & ws department, dated 28.6.2011, and that of the 2nd respondent pertaining to his proceedings in na.no.ka11270/2005/a4, dated 5.01.2008 and quash the orders dated 28.6.2011 and 5.01.2008, respectively and consequently direct the 1st respondent to settle all the pensionary benefits of ..... the petitioner had submitted an explanation to the charges levelled against him, by way of a charge memo, dated 29.6.2005, the enquiry officer had found charge nos.5 to 8 had been proved. ..... petitioner had submitted his explanation, dated 19.9.2005, denying the charges levelled against him ..... been further stated that the petitioner had submitted his explanation, dated 19.9.2005, denying the charges levelled against him. ..... had not finalized the accounts for the year 2004-2005, within the prescribed time limit. .....
Tag this Judgment!Court : Chennai
..... were omitted by act 51 of 2008, with effect from 22.10.2008 by amending the tamil nadu backward class christians and backward class muslims (reservation of seats in educational institutions including private educational institutions and of appointments or posts in the services under the state) act, 2007 (tamil nadu act 33 of 2007 ..... respondents writ petition filed under article 226 of the constitution of india praying to issue a writ of certiorarified mandamus, to call for the records in na.ka.va.aa.1/5293/08 on the file of the third respondent and to quash the order dated 25.6.2009 and may also pleased to issue writ of mandamus directing the respondents to appoint the petitioner as post of noon meal organizer at vettiyanthoyuvam government higher secondary school, ..... the order assailed in the present writ petition before this court is the communication in proceedings no.na.ka.va.aa.1/5293/08 dated 25.6.2009 issued by the third respondent whereby and where under it is inter-alia mentioned that the vacant post of noon meal organizer at vettiyanthoyuvam government higher secondary school, arani, thiruvannamalai district belongs ..... this court is left with no option but to interfere with the said proceedings in na.ka.va.aa.1/5293/08 dated 25.6.2009 of the third respondent and sets aside the same to prevent aberration of justice and to promote substantial cause of justice. ..... the commissioner, arni panchayat union, arni, ..... the commissioner, arni panchayat union, arni, thiruvannamala district. .....
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..... . principal secy to the government, rural development & panchayat raj deptt, state of tamil nadu reported in (2011) 2 lw607 the learned judge has clearly brought out the distinction between section 17(1) and section 17(2) of the land acquisition act and observed that urgency clause found under section 17(1) cannot be ..... also the averments of the petitioners in the affidavit filed in support of the writ petition as well as the reply affidavit, i am of the considered view that such a notification under section 17(4) of the act was not warranted in the facts and circumstances of the case and i am convinced that the petitioners should have been given an opportunity to putforth their objections as against the acquisition sought to be made ..... counsel for the petitioner, mr.m.s.ramesh, learned additional government pleader for respondents 1 and 2 and mr.m.digvijayapandian, learned counsel for the third respondent advanced their arguments in line with the contentions made by the parties in the affidavit filed in support of the writ ..... the attempt by the advocate general to rely upon the state amendment under section 17 for justifying the impugned order is misconceived ..... contended that in view of a resolution dated 16.02.2005 passed by the komarapalayam municipality citing the judgment ..... . by joint secretary, revenue, pondicherry reported in 2005 writ l.r.530, learned counsel for the petitioner argued that facts of the case on hand are comparable to the facts of the said case and ..... 2005 .....
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..... (supra), a division bench of this court, while considering section 160 of the tamil nadu panchayats act, 1994, has held as follows:- a reading of the said section would show that the competent authority for giving permission for construction of factory in the villages, is the panchayat union council. ..... the third respondent had also recommended that appropriate action may be taken under section 252 of the tamil nadu district municipalities act, 1920 (hereinafter referred to as the act) against the sixth ..... the fourth respondent renewed his application seeking permission before the third respondent, after obtaining consent from the tamil nadu pollution control board, which was again rejected by the third respondent vide resolution no.144(7) dated 25.06.2007. ..... of 2010 submitted that the parliament has given a constitutional status to the town panchayats by inserting part ix-a in the constitution of india by the constitution 73rd amendment act, 1992, which came into effect from 24.4.1993. ..... government sent a letter vide roc no.31753 (tp2) dt..04.12.2007 to the third respondent directing it to convene a meeting of the council to discuss the planning permission sought by the petitioner concern; and that the third respondent convened a meeting on 27.02.2008; that the minutes was sent to the commissioner of town panchayat by the third respondent vide roc no.2219/23007/d dated 12.03.2008, in which letter the third respondent has recommended to take necessary action under section 252 of the .....
Tag this Judgment!Court : Chennai
..... mr.m.govindan, special government pleader ******** :order ****** introductory: whether the emergency powers conferred on the collector under section 203 of the tamil nadu panchayats act, 1994, [hereinafter referred to as "the act"], would enable him to take away the cheque signing power of the president and vice president of the village panchayat under sub-section (3) of section 188 of the tamil nadu panchayats act, 1994 is the core issue that arises for consideration in this writ petition. ..... the importance of panchayat raj institutions in the light of constitution (seventy-third amendment) act, 1992 was indicated by the supreme court in village panchayat, calangute v. ..... the act was primarily enacted to comply with the constitutional provisions introduced by the constitution (seventy-third amendment) act, 1992. ..... by enacting the constitution (seventy-third amendment) act, parliament has attempted to remedy the defects and remove the deficiencies of the panchayat raj system evolved after independence, which failed to live up to the expectation of the people in rural india. ..... by virtue of the provisions contained in part ix, the panchayats have been empowered to formulate and implement their own programs of economic development and social justice in tune with their status as the third tier of the government which is mandated to represent the interests of the people living within its jurisdiction. .....
Tag this Judgment!Court : Chennai
..... municipalities constituted under the tamil nadu district municipalities act, 1920 (tamil nadu act no.v of 1920).three thousand rupees per month(iii)within the limits of town panchayats constituted under the tamil nadu district municipalities act, 1920 (tamil nadu act no.v of 1920) or any other area not specified in items (i), (ii) or (iv).one thousand and five hundred rupees per month(iv)within the limits of village panchayats constituted under the tamil nadu panchayats act, 1994 (tamil nadu act no.21 of 1994). ..... of 2011is filed under article 226 of the constitution of india the the issue of a writ of declaration declaring imposition of 30% tax under section 4(1) of the tamil nadu entertainment tax (act), 1939 as amended by tamil nadu entertainment tax (second amendment) act, 2011 as discriminatory and confiscatory in violation of equality clause of article 14 of the constitution and direct the respondents to exempt the dth services from the entertainment tax ..... the levy, the second is a clear indication of the person on whom the levy is imposed and who is obliged to pay the tax, the third is the rate at which the tax is imposed, and the fourth is the measure or value to which the rate will be applied for computing the tax liability ..... bengal entertainment-cum-amusement tax act as within the legislative competence of the state legislature under entry 62 list ii of schedule vii to the constitution of india, in the decision reported in (2005) 3 scc 711: [2005] 140 stc 154 (state .....
Tag this Judgment!Court : Chennai
..... even otherwise, the tamil nadu panchayat buildings rules as well as repealing of tamil nadu panchayat act, 1958 by the tamil nadu panchayat act of 1994 would relate back and would applied to the present case ..... learned counsel appearing for the respondents 7 to 10 / defendants 6 and 7 would further submit in his argument that the open space has to be left as per rule 18 of the tamil nadu panchayat buildings rules, 1970 would require 10% of the space to be left for public use, to which the said area must be in a single place and it should not be allotted in ..... appellant / plaintiff took up the matter to the first defendant for the statutory requirements relating to the layout, but he was refused to comply with the same and therefore, he was taken up the matter to the third defendant, who in his communication dated 16.07.1987 in rc.7248/86/a4 come up with the shocking revaluation that the approval was only for the house in plot no.29 in the name of one kalavathi and not for the layout ..... the learned counsel appearing for the respondents 7 to 10 / defendants 6 and 7 would also submit that the amendment carried out by the plaintiff in respect of roads provided in the layout cannot also be granted since the constructions have been put up by the owners of the plot in such a manner tar road has been laid in ..... , who is inimically disposed off against the first defendant, has vexatiously filed the suit and sought for amendment of the plaint belatedly, eight years after filing of the suit. .....
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