Judgment Search Results Home > Cases Phrase: the tamil nadu towns nuisances act 1889 Page 1 of about 1,084 results (0.271 seconds)

Dr.J.Santhosh Kumar. Vs. the Block Medical Officer.

Court : Chennai

..... and(vi) section 5 of the tamil nadu prevention of adulteration act 1918.144. ..... , of the tamil nadu district municipalities act, 1920, read with section 313 of that act and schedules vii and viii thereto;(iii) chapters viii to xi, both inclusive, of the tamil nadu local boards act, 1920 read with section 207 of that act and schedules viii and ix thereto;(iii-a) sections 79, 81, 82, 84, 85, 87, 88, 90 to 92 and 123 of the tamil nadu village panchayats act, 1950, read with section 115 of that act and schedules i and ii thereto;(iv) sections 53 and 73 of the madras city police act, 1888;(v) clauses (9) and (11) of sections 3 and section 4 and 10 of the towns nuisances act, 1889 .....

M. Veerateswaran Vs. the Deputy Collector Cum Sub-divisional Executive ...

Court : Chennai

Reported in : 2003(2)CTC449; (2003)2MLJ578

..... after referring to the provisions of madras city police act (1888), madras towns nuisance act (1989), tamil nadu motor vehicles rules, central motor vehicles act and rules, tamil nadu police act and the relevant g.os. ..... the joint chief environmental engineer of the tamil nadu pollution control board on 23.5.1996 wrote to the superintendent of police concerned directing him to take action on the complaint; on 12.6.1996, he wrote again to the superintendent and enclosed the analysis report of the ambient noise level survey, which had been conducted in the neighbourhood of the appellant church. ..... that because of urbanization or industrialization the noise pollution may in some area of a city/town might be exceeding permissible limits - prescribed under the rules, but that would not be a ground for permitting others to increase the same by beating of drums or by use of voice amplifiers, loudspeakers or by such other musical instruments and, therefore, rules prescribing reasonable restrictions including the rules for the use of loudspeakers and voice amplifiers framed under the madras town nuisance act, 1889 and also the noise pollution (regulation and .....

Manokaran Vs. The Secretary to Government

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, additions and restrictions, as may be specified in the notification. ..... under section 44 of the tamil nadu public health act, 1939, even on information given under section 43 or otherwise of the existence of a nuisance, the health officer has power to abate the nuisance, but for exercising such power, a notice is required to be given to the person by whose act or default or sufferance, the nuisance arises or continues or if that person cannot be found, the owner or occupier of the premises on which the nuisance arises or continues.22. ..... apart from the fact that it has not been made clear as to whether the health inspector is the "health officer" for the purposes of section 3(14) of the tamil nadu public health act, 1939, there is nothing on record to suggest that he has applied his mind to find out the 'nuisance' committed by the pig farm or the health hazard which may cause to the public in general. .....

The Consumer Action Group and anr. Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3060; 2000(4)CTC181; JT2000(9)SC272; 2000(6)SCALE1; (2000)7SCC425; [2000]Supp2SCR523

..... or buildings-(1) notwithstanding anything contained in this act or any other law for the time being in force, the government or any officer or authority authorised by the government, by notification, in this behalf may, on application, by order, exempt any land or building or class of lands or buildings developed immediately before the date of commencement of the tamil nadu town and country planning (amendment) act, 1998 (hereafter in this section referred to as the said date) in the chennai metropolitan planning area, from all or any of the provisions of this act or any rule or regulation made ..... except for this little difference rest of the words in these orders are the same, which is reproduced below:in exercise of powers conferred by section 113 of the tamil nadu town and country planning act, 1971 (tamil nadu act 35 of 1972) the government of tamil nadu hereby exempts the construction made at. ..... for commercial zones further restrictions are in relation to the horsepower rating of electric motors and steps to be taken to regulate storage of explosives, to regulate effluents, smoke, gas or other items likely to cause danger or nuisance to public health. ..... similarly, for commercial zones restrictions are imposed in relation to the horsepower rating of electric meters and to regulate storage of explosives as well as the affluence smoke, gas or other items likely to cause danger or nuisance to public safety.28. .....

Patel Roadways Private Limited, Madras Vs. State of Tamil Nadu and ors ...

Court : Chennai

Reported in : AIR1985Mad119

..... the objects sought to be achieved by the act are to be found in the preamble to the enactment and they are in the following terms :'whereas it is expedient to amend and consolidate the law relating to the regulation of the letting of residential and non-residential buildings and the control of rents of such buildings and the prevention of unreasonable eviction of tenants therefrom in the state of tamil nadu'.from the above, it will be seen that the objects of the act are (1) to provide for regulation of the letting of residential and non-residential buildings, (2) the control of rents of such, buildings and (3) prevention of ..... before parting with the case, i think it is the duty of the court to bring to the notice of the legislature and the executive the need for restricting the provisions of the tamil nadu buildings (lease & rent control) act, t.n. ..... 10(2)(v) of the act to vacate a building occupied by him, on the ground that he is causing nuisance to the neighbours, there is no corresponding provision in the act to make a landlord quit his premises, if he causes nuisance to his neighbours, the contention is clearly the outcome of confusion and lack of understanding of the purpose of -the, act. ..... iii) in case it is any other non-residential building, if the landlord or any member of his family is not occupying for purposes of a business which he or any member of his family is carrying on, a non-residential building in the city, town or village concerned which is his own.'s. .....

K.Sundara Mahalingam Vs. the District Collector

Court : Chennai

..... . r.m.shah reported in 2010(2) cwc 337 (db), laid down the proposition that the distant rule under rule 8 of the tamil nadu liquor retail vending (in shops and bars) rules, 2003, takes care of only the place of worship and educational institutions and it does not say that the liquor shop should be away from the residential houses and the nuisance created by drunkards would extend even beyond safety area prescribed under rules ..... other areas 100 (hundred) metres from any place of worship or educational institutions:provided that the distance restriction shall not apply in areas designated as commercial or industrial by the development or town planning authorities: provided further that no shop shall be established within the premises of any hotel:provided also that if any place of worship, educational institution comes into existence subsequent to the establishment of the shop, the provisions of this rule shall not apply:provided also that no liquor shops ..... . it is further contended by the learned counsel for the second respondent that there is no public interest involved in the writ petition as the petitioner is acting at the behest of some real estate owners and filed the writ petition with false particulars and hence, prayed for the dismissal of the writ petition with exemplary costs.16 .....

D. Thomas Vs. N. Thomas and ors.

Court : Chennai

Reported in : (1999)2MLJ260

..... long as plaintiffs are not claiming right under the act, nor the right to prevent nuisance is created under the act, there cannot be bar under section 9 of code of civil procedure read with section 56 of tamil nadu prohibition act.21. ..... not find any prohibition under tamil nadu prohibition act that the common law right to prevent a nuisance is taken away by any other provisions of prohibition act. ..... a person from committing nuisance is all along a common law right and that could be enforced de hors the enactment of tamil nadu prohibition act.19. ..... of learned counsel for the petitioner was on the basis of section 56 of tamil nadu prohibition act, taken along with rule 18 of tamil nadu liquor retail vending rules. ..... it is further argued that if the location of shop is to be decided by the excise authorities that it is an act which has to be done only under tamil nadu prohibition act and therefore section 56 is a bar for instituting ..... no shop shall be established in municipal corporations and municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions;provided that the distance restriction shall not apply in areas designated as 'commercial' or 'industrial' by the development of town planning authorities;provided further that if any place of worship or educational institution comes into existence subsequent to the grant of licence, it shall not disentitle the licensee for continuance and further renewal. .....

Cooperative Nagar Residents Welfare Association Represented by Its Pre ...

Court : Chennai

Reported in : (2008)1MLJ1285

..... the first and foremost contention put forward by the learned counsel for the petitioner is that the impugned order of the first respondent is unconstitutional as it is violative of article 300-a of the constitution of india and against the provisions of the tamil nadu town and country planning act, 1971 and more particularly, clause 16 of the layout conditions contained in the proceedings of the first respondent according permission to form the layout ..... it is her strong case that the second respondent, in his proceedings dated 03.02.2006, had categorically communicated to the third respondent that the community hall can be built without intervention or nuisance to other occupants of the plots and also without causing pollution with proper sewerage facilities and high-raised compound wall. 22 ..... his second contention is that when the housing scheme is granted to a cooperative housing society purely for residential purpose, the fourth respondent ought not to have allowed the fifth respondent to go ahead with the construction of a kalyana mandapam which would only result in noise pollution and be a perennial nuisance to the peaceful life of the inmates of the area.9. ..... the second respondent, vide his proceedings dated 03.02.2006, had categorically communicated to the third respondent that the community hall can be built without intervention or nuisance to other occupants of the plots and also without causing pollution and with proper sewerage facilities and high-raised compound wall; e .....

Consumer Action Group Rep. by Its Trustee Tara Murali Vs. the State of ...

Court : Chennai

Reported in : 2006(4)CTC483

..... section 113-a was introduced through the tamil nadu town and country planning (amendment) act, 1998 (tamil nadu act 58 of 1998), whereby the government is empowered, on an application being made by the person affected, to exempt any land or building developed immediately before the date of commencement of this amending act, from all or any of the provisions of the act or rules or regulations made thereunder, by collecting regularisation fee at such rate not exceeding rs.2,000/- per square metre. ..... for the commercial zones, further restrictions are imposed in relation to the horsepower rating of electric motors and provisions have also been made to regulate storage of explosives as well as to regulate effluents, smoke, gas or other items which are likely to cause danger or nuisance to public health. ..... while the said writ petition was pending in supreme court, the state of tamil nadu amended the tamil nadu town and country planning act, 1971 by the amending act, 1998 (tamil nadu act 58 of 1998) by inserting section 113-a to the act, which reads as follows:113-a. .....

Church of God (Full Gospel) in India Vs. K.K.R. Majestic Colony Welfar ...

Court : Supreme Court of India

Reported in : AIR2000SC2773; 2000(2)ALD(Cri)626; 2000(5)ALT22(SC); 2001(49)BLJR806; 2000CriLJ4022; JT2000(9)SC575; 2000(3)KLT651(SC); 2000(6)SCALE163; (2000)7SCC282; [2000]Supp3SCR15; 20

..... in our view, the contentions raised by the learned counsel for the appellant deserves to be rejected because the direction given by the learned judge to the authorities is only to follow the guidelines laid down in appa rao's case decided by the division bench of the same high court on the basis of the madras city police act, 1888 and the madras towns nuisance act, 1889. ..... in appa rao's case, the division bench of the madias high court after considering the contentions raised by the parties and decisions cited therein and also to the provisions of sections 41 & 71(i) of the madras city police act, 1888 and section 10 of the madras town nuisance act, 1989 has issued directions to the government for controlling the noise pollution and for the use of amplifiers and loudspeakers. ..... further, it is to be stated that because of urbanization or industrialization the noise pollution may in some area of a city/town might be exceeding permissible limits prescribed under the rules, but that would not be a ground for permitting others to increase the same by beating of drums or by use of voice amplifiers, loudspeakers or by such other musical instruments and, therefore, rules prescribing reasonable restrictions including the rules for the use of loudspeakers and voice amplifiers framed under (the madras town nuisance act. ..... government of tamil nadu and anr: 1995 (1) lw 319 where certain guidelines have been laid down for controlling the noise pollution. .....