SEKAR REPORTER

Court News from Madras High Court

Daily Archive: July 7, 2021

Sekarreporter: THE HON”BLE CHIEF JUSTICE DISMISSED ALL APPEALS FILED BY LYCA The appeals filled by lyca against director Shankar in OSA.NOs.168 &169/2021was dismissed by the Hon’ ble chief Justice today stating that the matters have become infructuous

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Sekarreporter: THE HON”BLE CHIEF JUSTICE DISMISSED ALL APPEALS FILED BY LYCA The appeals filled by lyca against director Shankar in OSA.NOs.168 &169/2021was dismissed by the Hon’ ble chief Justice today stating that the matters have become infructuous

[7/7, 13:19] Sekarreporter: THE HON”BLE CHIEF JUSTICE DISMISSED ALL APPEALS FILED BY LYCA The appeals filled by lyca against director Shankar in OSA.NOs.168 &169/2021was dismissed by the Hon’ ble chief Justice today stating that...

Full order HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.12440 of 2020 and W.M.P.(MD).No.10651 of 2020 (Through Video Conferencing) R.V.Shanmuganandam .. Petitioner ——The discussion made herein above makes this Court come to an irresistible conclusion that the third respondent Society has been taken for a ride by its erstwhile office bearers who had conspired with the petitioner and one Thirisangu and the properties belonging to the third respondent Society has been conveyed at throw away prices. If cases of this nature are let off without taking stringent action, the Co-operative Movement in the State will suffer and it will ultimately end in closing down Societies which are already in the brink of precipice. This Court does not find any ground to interfere with the impugned proceedings of the third respondent dated 24.08.2020. 31. In the result, this writ petition is dismissed by imposing cost of Rs.10,00,000/-(Rupees Ten lakhs only) payable by the petitioner to the Chief Minister’s Relief Fund on or before 28.07.2021. Consequently, connected miscellaneous petition is closed. 32. There shall be a further direction to the third respondent Society to immediately take steps to set aside the compromise decree passed in O.S.No.645 of 2005 which is vitiated by fraud and which does not bind the third respondent Society. There shall also be a further direction to the investigation officer, who is investigating the FIR in Crime No.2 of 2020, to expedite the investigation and file a final report against all the accused persons within a period of three months from the date of receipt of a copy of this order. The respondents are also directed to take steps to get the pending writ petitions filed by the Secretary and other office bearers listed for hearing immediately. Subject to the final result in these writ petitions, effective and stringent action shall be taken against all those persons, who are behind this huge scam. The first respondent shall ensure that not an inch of property belonging to any Society in Tamil Nadu is permitted to be dealt with by the Society concerned without the concurrence of the first respondent and the Pricing Committee appointed by the Government. There shall also be a direction to the first respondent to conduct a thorough audit of the sale transactions entered into by all the Societies to find out if any other Society had indulged in a scam of this nature. 33. Post this case for reporting compliance regarding payment of cost on 29.07.2021.

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Full order HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.12440 of 2020 and W.M.P.(MD).No.10651 of 2020 (Through Video Conferencing) R.V.Shanmuganandam .. Petitioner ——The discussion made herein above makes this Court come to an irresistible conclusion that the third respondent Society has been taken for a ride by its erstwhile office bearers who had conspired with the petitioner and one Thirisangu and the properties belonging to the third respondent Society has been conveyed at throw away prices. If cases of this nature are let off without taking stringent action, the Co-operative Movement in the State will suffer and it will ultimately end in closing down Societies which are already in the brink of precipice. This Court does not find any ground to interfere with the impugned proceedings of the third respondent dated 24.08.2020. 31. In the result, this writ petition is dismissed by imposing cost of Rs.10,00,000/-(Rupees Ten lakhs only) payable by the petitioner to the Chief Minister’s Relief Fund on or before 28.07.2021. Consequently, connected miscellaneous petition is closed. 32. There shall be a further direction to the third respondent Society to immediately take steps to set aside the compromise decree passed in O.S.No.645 of 2005 which is vitiated by fraud and which does not bind the third respondent Society. There shall also be a further direction to the investigation officer, who is investigating the FIR in Crime No.2 of 2020, to expedite the investigation and file a final report against all the accused persons within a period of three months from the date of receipt of a copy of this order. The respondents are also directed to take steps to get the pending writ petitions filed by the Secretary and other office bearers listed for hearing immediately. Subject to the final result in these writ petitions, effective and stringent action shall be taken against all those persons, who are behind this huge scam. The first respondent shall ensure that not an inch of property belonging to any Society in Tamil Nadu is permitted to be dealt with by the Society concerned without the concurrence of the first respondent and the Pricing Committee appointed by the Government. There shall also be a direction to the first respondent to conduct a thorough audit of the sale transactions entered into by all the Societies to find out if any other Society had indulged in a scam of this nature. 33. Post this case for reporting compliance regarding payment of cost on 29.07.2021.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 01.07.2021 PRONOUNCED ON : 07.07.2021 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.12440 of 2020 and W.M.P.(MD).No.10651 of 2020 (Through Video Conferencing) R.V.Shanmuganandam .....

Full order THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.4355 of 2008, 36068 of 2004, 16051 of 2005. 6.Thus, the said State Tax Officer, Mr.D.Mukunthan, suppressed vital facts regarding the collection of Sales Tax for Intra-ocular lenses, before this Court intentionally and further, mislead the Court and not defended the case of the respondents properly, as expected under law. Thus, he has committed misconduct and acted unbecoming of a public servant. 7.It is painful to pen down, even the other counsels who were present through Video-Conferencing have also not stated the facts clearly, before this Court. In view of the fact that the department official himself has not performed his duty as expected, this Court is of the considered opinion that the disciplinary actions are to be initiated against him for misconduct, acted unbecoming of a Government servant and for dereliction of duty. Accordingly, the 1st respondent is directed to place the said Mr.D.Mukundhan, State Tax Officer of the Commercial Tax Department, under suspension with immediate effect, by initiating disciplinary proceedings under the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 and produce the copy of the order of suspension before this Court. 8.A probe in respect of large scale collusion in the Commercial Tax department is required as to the manner in which the cases are conducted as well as the loss of revenues to the State. In these circumstances, this Court is inclined to suo-motu implead the Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Chennai-600 009. 9.Accordingly, the Secretary, Commercial Taxes and Registration Department, is suo-motu impleaded in W.P.No.4355 of 2007 as the 3rd respondent, enabling this Court to deal with the issues in an appropriate manner and effectively. Post the matter on 08.07.2021. 06.07.2021 gsa Index : Yes Speaking Order : Yes Note: (i) Registry is directed to carry out necessary amendment in the Writ Petition and communicate the copy of this order directly to the 3rd respondent today itself.

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Full order THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.4355 of 2008, 36068 of 2004, 16051 of 2005. 6.Thus, the said State Tax Officer, Mr.D.Mukunthan, suppressed vital facts regarding the collection of Sales Tax for Intra-ocular lenses, before this Court intentionally and further, mislead the Court and not defended the case of the respondents properly, as expected under law. Thus, he has committed misconduct and acted unbecoming of a public servant. 7.It is painful to pen down, even the other counsels who were present through Video-Conferencing have also not stated the facts clearly, before this Court. In view of the fact that the department official himself has not performed his duty as expected, this Court is of the considered opinion that the disciplinary actions are to be initiated against him for misconduct, acted unbecoming of a Government servant and for dereliction of duty. Accordingly, the 1st respondent is directed to place the said Mr.D.Mukundhan, State Tax Officer of the Commercial Tax Department, under suspension with immediate effect, by initiating disciplinary proceedings under the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 and produce the copy of the order of suspension before this Court. 8.A probe in respect of large scale collusion in the Commercial Tax department is required as to the manner in which the cases are conducted as well as the loss of revenues to the State. In these circumstances, this Court is inclined to suo-motu implead the Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Chennai-600 009. 9.Accordingly, the Secretary, Commercial Taxes and Registration Department, is suo-motu impleaded in W.P.No.4355 of 2007 as the 3rd respondent, enabling this Court to deal with the issues in an appropriate manner and effectively. Post the matter on 08.07.2021. 06.07.2021 gsa Index : Yes Speaking Order : Yes Note: (i) Registry is directed to carry out necessary amendment in the Writ Petition and communicate the copy of this order directly to the 3rd respondent today itself.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.07.2021 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.4355 of 2008, 36068 of 2004, 16051 of 2005, 4563, 5830, 5831, 8396 & 9011 of 2008,...

[7/7, 06:51] Sekarreporter: Explain Shortcomings In Providing Online Education Madras High Court Tells Tamil Nadu Government UGC – NDTV https://www.ndtv.com/education/explain-shortcomings-in-providing-online-education-hc-tells-tn-govt-and-ugc [7/7, 06:54] Sekarreporter: Intimate all accident claim awards within 48 hours, says Madras high court – http://toi.in/gf0-LY78/a31gj Use the TOI app to get Breaking news and headlines. Download now: https://timesofindia.onelink.me/efRt/ASmwebshare [7/7, 06:55] Sekarreporter: Centre seeks transfer of pleas challenging IT Rules from high courts to Supreme Court – https://www.hindustantimes.com/india-news/centre-seeks-transfer-of-pleas-challenging-it-rules-from-high-courts-to-supreme-court-101625574084325.html?utm_source=whatsapp [7/7, 06:56] Sekarreporter: Madras high court smells scam in tax on lenses, suspends officer – http://toi.in/UCSbya63/a31gj Use the TOI app to get Breaking news and headlines. Download now: https://timesofindia.onelink.me/efRt/ASmwebshare [7/7, 06:59] Sekarreporter: HC tells state to use tech to monitor pleas to avoid delay – http://toi.in/m5iMib91/a31gj Use the TOI app to get Breaking news and headlines. Download now: https://timesofindia.onelink.me/efRt/ASmwebshare [7/7, 07:00] Sekarreporter: Take action against SOP violators: HC – http://toi.in/H1TMFZ/a31gj Use the TOI app to get Breaking news and headlines. Download now: https://timesofindia.onelink.me/efRt/ASmwebshare

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[7/7, 06:51] Sekarreporter: Explain Shortcomings In Providing Online Education Madras High Court Tells Tamil Nadu Government UGC – NDTV https://www.ndtv.com/education/explain-shortcomings-in-providing-online-education-hc-tells-tn-govt-and-ugc [7/7, 06:54] Sekarreporter: Intimate all accident claim awards within 48 hours, says Madras high court – http://toi.in/gf0-LY78/a31gj Use the TOI app to get Breaking news and headlines. Download now: https://timesofindia.onelink.me/efRt/ASmwebshare [7/7, 06:55] Sekarreporter: Centre seeks transfer of pleas challenging IT Rules from high courts to Supreme Court – https://www.hindustantimes.com/india-news/centre-seeks-transfer-of-pleas-challenging-it-rules-from-high-courts-to-supreme-court-101625574084325.html?utm_source=whatsapp [7/7, 06:56] Sekarreporter: Madras high court smells scam in tax on lenses, suspends officer – http://toi.in/UCSbya63/a31gj Use the TOI app to get Breaking news and headlines. Download now: https://timesofindia.onelink.me/efRt/ASmwebshare [7/7, 06:59] Sekarreporter: HC tells state to use tech to monitor pleas to avoid delay – http://toi.in/m5iMib91/a31gj Use the TOI app to get Breaking news and headlines. Download now: https://timesofindia.onelink.me/efRt/ASmwebshare [7/7, 07:00] Sekarreporter: Take action against SOP violators: HC – http://toi.in/H1TMFZ/a31gj Use the TOI app to get Breaking news and headlines. Download now: https://timesofindia.onelink.me/efRt/ASmwebshare

[7/7, 06:51] Sekarreporter: Explain Shortcomings In Providing Online Education Madras High Court Tells Tamil Nadu Government UGC – NDTV https://www.ndtv.com/education/explain-shortcomings-in-providing-online-education-hc-tells-tn-govt-and-ugc [7/7, 06:54] Sekarreporter: Intimate all accident claim awards within 48 hours, says Madras high...

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