Sekarreporter yesterday marxh 5th WhatsApp messages
[3/4, 18:17] Sekarreporter 1: [3/4, 18:09] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235183001736105984?s=08
[3/4, 18:16] Sekarreporter 1: [3/4, 17:53] Sekarreporter 1: [3/4, 17:47] K. Chandru Former Judge Of Highcourt: Very rarely an additional judge is transferred before becoming permanent!it is not the case of justice kannan who went to P&H hc.It looks as if he was originally to be appointed in Delhi HC.Since that might not have been possible he was appointed here only to be shifted by transfer mode!Madras Hc has become launching pad for many and it looks like a transit house!!It is a pity that the Bar never discusses such issues!
[3/4, 17:51] Sekarreporter 1:
[3/4, 18:01] K. Chandru Former Judge Of Highcourt: In service law there are several methods of appointing a person to a post.They are direct recruitment (e.g.Bar),promotion(e.g.service judges).But their there is yet another source .i.e.”transfer from other service”.This method is slowly entering in to the service of higher judiciary &it is not found in the Constitution.Justice MM Ismail was appointed in Delhi High court,when that court was created for the first time[1964]
.After an year he was appointed to our high court in( 1965).!! It was not an involuntary act.After 55 years there is a repeat performance in a reverse order!!!!
[3/4, 19:57] Sekarreporter 1: [3/4, 13:37] Sekarreporter 1: [3/4, 13:36] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235113069573005312?s=08
[3/4, 13:36] Sekarreporter 1: Pondicherry MLA Danavelu filed WP questioning proceedings of disqualification of his MLA by speaker of Pondicherry Assembly before Justice Ravichandrababu, the court dismissed the writ petition
For Petr: TVR Sr Adv for Arvind Srivatsa
For speaker:ARLS Sr Adv for P. Dineshkumar https://t.co/gFrXqc7AYk
[3/4, 19:52] Sekarreporter 1: [3/4, 19:52] Sekarreporter 1: https://twitter.com/ThanthiTV/status/1235194072295301122?s=08
[3/4, 19:52] Sekarreporter 1: கட்சி தாவல் தடை சட்டத்தின் கீழ் தனக்கு எதிராக உத்தரவு பிறப்பிக்க தடை கோரி புதுச்சேரி காங்கிரஸ் எம்.எல்.ஏ தனவேலு தாக்கல் செய்த வழக்கு தள்ளுபடி
Congress
[3/4, 19:57] Sekarreporter 1: [3/4, 19:56] Sekarreporter 1: [3/4, 19:54] Sekarreporter 1: https://twitter.com/ThanthiTV/status/1235184993409757186?s=08
[3/4, 19:54] Sekarreporter 1: தென்னிந்திய திரைப்படம் மற்றும் தொலைக்காட்சி தயாரிப்பாளர்கள் சங்க விவகாரம்: நீதிமன்ற அவமதிப்பு வழக்கு
- ஏ.எம்.ரத்னம் உள்ளிட்ட 15 தயாரிப்பாளர்கள் நாளை நேரில் ஆஜராக சென்னை உயர்நீதிமன்றம் உத்தரவு
Highcourt https://t.co/KfCACzFgIy
[3/4, 19:56] Sekarreporter 1: Nkkj bench order
[3/4, 20:28] Sekarreporter 1: [3/4, 20:27] Sekarreporter 1: C.M.A.No.4375 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2020
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH
AND
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.4375 of 2019
& C.M.P.No. 24906 of 2019
National Insurance Company Limited,
Regional Office at 2
nd Floor,
CSX Towers, Stock Exchange Building,
684, Trichy Road, Coimbatore – 641 005. … Appellant
Vs.
1.Nirmaladevi
2.V.Shanmathi Suha
3.Minor Sabarmathi Jeeva
4.Minor Sowjanyamathi
5.Kamalaveni
6.R.Bommuraj
7.R.Harshavardhan … Respondents
Prayer : Appeal filed under Section 173 of the Motor Vehicles Act, 1988
against the judgment and decree made in M.C.O.P.No.308 of 2015
dated 25.06.2019 on the file of the Motor Accidents Claims Tribunal,
Special Subordinate Court, Coimbatore.
Page 1 of 9
http://www.judis.nic.in
[3/4, 20:27] Sekarreporter 1: CMA No. 4375/2019 against MCOP No. 308/2015- Special Sub Court, CBE- Justices M M Sundresh and Krishnan Ramasamy – set aside an award for Rs.1,93,60,000/- with interest and costs, by orders dt.18/2/2020. And Registrar General High Court has been directed to initiate departmental action against the said Judge who passed the award and had also passed several similar awards. Very interesting Judgment which needs to be reported widely in public interest.
[3/4, 20:32] Sekarreporter 1: CMA No. 4375/2019 against MCOP No. 308/2015- Special Sub Court, CBE- Justices M M Sundresh and Krishnan Ramasamy – set aside an award for Rs.1,93,60,000/- with interest and costs, by orders dt.18/2/2020. And Registrar General High Court has been directed to initiate departmental action against the said Judge who passed the award and had also passed several similar awards. Very interesting Judgment which needs to be reported widely in public interest https://sekarreporter.com/cma-no-4375-2019-against-mcop-no-308-2015-special-sub-court-cbe-justices-m-m-sundresh-and-krishnan-ramasamy-set-aside-an-award-for-rs-19360000-with-interest-and-costs-by-orders-dt/
[3/4, 20:32] Sekarreporter 1: CMA No. 4375/2019 against MCOP No. 308/2015- Special Sub Court, CBE- Justices M M Sundresh and Krishnan Ramasamy – set aside an award for Rs.1,93,60,000/- with interest and costs, by orders dt.18/2/2020. And Registrar General High Court has been directed to initiate departmental action against the said Judge who passed the award and had also passed several similar awards. Very interesting Judgment which needs to be reported widely in public interest https://sekarreporter.com/cma-no-4375-2019-against-mcop-no-308-2015-special-sub-court-cbe-justices-m-m-sundresh-and-krishnan-ramasamy-set-aside-an-award-for-rs-19360000-with-interest-and-costs-by-orders-dt/
[3/5, 07:04] Sekarreporter 1: [3/5, 07:02] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235377641219223552?s=08
[3/5, 07:03] Sekarreporter 1: Madras high court sets aside stay on hiring 8,000 personnel in fire services – http://toi.in/xOor4b/a31gj
Use the TOI app to get Breaking news and headlines. Download now:
https://timesofindia.onelink.me/efRt/ASmwebshare
[3/5, 07:11] Sekarreporter 1: [3/5, 07:10] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235379631093469184?s=08
[3/5, 07:11] Sekarreporter 1: Full bench women judges daily Thanthi news https://t.co/tVTnGNobsO https://t.co/gyINOvF9nS
[3/5, 07:11] Sekarreporter 1: [3/5, 07:10] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235379631093469184?s=08
[3/5, 07:11] Sekarreporter 1: Full bench women judges daily Thanthi news https://t.co/tVTnGNobsO https://t.co/gyINOvF9nS
[3/5, 07:26] Sekarreporter 1: [3/5, 07:24] Sekarreporter 1: [3/5, 07:24] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235383035693895682?s=08
[3/5, 07:24] Sekarreporter 1: https://www.google.com/amp/s/www.thehindu.com/news/cities/chennai/never-looked-at-caste-of-electorate-chidambaram-to-hc/article30985423.ece/amp/
[3/5, 07:25] Sekarreporter 1: Former minister p chithbaram subjected to marathon two-hour cross-examination– judge pushpa sathyanarayanan https://t.co/3eHbPh0vjw https://t.co/2ceGh1FkyC
[3/5, 07:30] Sekarreporter 1: Justices Vineet Kothari and R. Suresh Kumar instructed the PDJs to select two advocates, with a minimum professional experience of 10 years, and empower them to visit all drinking water bottling units along with the district-level monitoring committees already constituted as per orders of Justice S.M. Subramaniam in 2018. https://sekarreporter.com/justices-vineet-kothari-and-r-suresh-kumar-instructed-the-pdjs-to-select-two-advocates-with-a-minimum-professional-experience-of-10-years-and-empower-them-to-visit-all-drinking-water-bottling-units/
[3/5, 10:36] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235404850629763072?s=08
[3/5, 10:36] Sekarreporter 1: Penned by scholar judge, our own Justice V Ramasubramanian, this 180-page judgment is a masterpiece. The entire nation, particularly the Supreme Court, is agog with the mastery and acumen of Justice Ramasubramanian. It’s such a proud moment for the whole high court of madra https://t.co/KftsekfYkF
[3/5, 10:52] Sekarreporter 1: [3/5, 10:51] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235435165712666625?s=08
[3/5, 10:51] Sekarreporter 1: Sekarreporter last one week WhatsApp news in the link click and see https://t.co/qyAi3weBWm https://t.co/90zqo9RyZ2
[3/5, 11:34] Sekarreporter 1: [3/5, 11:33] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235441336490180609?s=08
[3/5, 11:33] Sekarreporter 1: Today click sekarreporter senior advt v t gopalan sir and his daughter Bargavi mam today mhc click https://t.co/IJzJVUfCTG
[3/5, 11:35] Sekarreporter 1: [3/5, 11:33] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235441336490180609?s=08
[3/5, 11:33] Sekarreporter 1: Today click sekarreporter senior advt v t gopalan sir and his daughter Bargavi mam today mhc click https://t.co/IJzJVUfCTG
[3/5, 11:45] Sekarreporter 1: [3/5, 11:45] Sekarreporter 1: Full women bench reference order copy pdf
[3/5, 11:45] Sekarreporter 1: 🍁
[3/5, 11:49] Sekarreporter 1: [3/5, 11:45] Sekarreporter 1: Full women bench reference order copy pdf
[3/5, 11:45] Sekarreporter 1: 🍁
[3/5, 11:54] Sekarreporter 1: [3/5, 11:53] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235450428860448769?s=08
[3/5, 11:53] Sekarreporter 1: Today 5/04/2020 M.M.Sundarsh & K.Ramasamy J DB PIL filed by one Advocate K.Gopinath seeking direction to take legal action against unlawful agitations regarding CAA Bill all over Tamil Nadu more particularly in tiruppur city limits on the road leading to temple. State Government Pleader V.Jayaprakash Narayanan appeared for DGP, TN, COP, Tirupur informed court that already 20 criminal cases registered against unlawful agitators for and against CAA Bill including BJP members. After investigation Charge sheets also filed in all 20 cases before competent criminal court. Cases pending for further course of legal action. Judges expressed their opinion that mere filing FIR & Charge sheets will not solve the problems. Why can’t arrest them and remove them from the places and put them inside. Unless state takes severe actions against unlawful agitators. Those will continue the same. Finally directed the authorities to arrest them and take stringent legal actions and ensure the public at large should not be affected.
[3/5, 11:50] Sekarreporter 1: 🍁🍁
[3/5, 12:02] Sekarreporter 1: [3/5, 12:00] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235452562813272064?s=08
[3/5, 12:00] Sekarreporter 1: Women’s day in wla chief justice tomorrow evening in new auditorium president louisa l ramesh https://t.co/4kaUxKCDpo
[3/5, 12:02] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235452562813272064?s=08
[3/5, 12:02] Sekarreporter 1: [3/5, 12:01] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235447552729739265?s=08
[3/5, 12:01] Sekarreporter 1: வடகலை தென்கலை அப்பீல் filed by senior advt Vt Gopalan in mhc against the order of Smsj nkkj and Hemalatha heated the appeal and order notice https://t.co/rldw8QeUif
[3/5, 12:06] Sekarreporter 1: [3/5, 12:06] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235453790498615296?s=08
[3/5, 12:06] Sekarreporter 1: [3/5, 11:12] Chandrasekar Central Govt Standing Counsel: Wp filed by Pondy Local Admn Minister challenging the notification issued for appointment of SEC for puducherry dismissed by HC
[3/5, 11:26] Sekarreporter 1: 🍁
[3/5, 12:16] Sekarreporter 1: [3/5, 12:06] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235453790498615296?s=08
[3/5, 12:06] Sekarreporter 1: [3/5, 11:12] Chandrasekar Central Govt Standing Counsel: Wp filed by Pondy Local Admn Minister challenging the notification issued for appointment of SEC for puducherry dismissed by HC
[3/5, 11:26] Sekarreporter 1: 🍁
[3/5, 12:44] Sekarreporter 1: [3/5, 12:42] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235462998954618882?s=08
[3/5, 12:42] Sekarreporter 1: Court directs Director General of Police to act against both pro https://t.co/y2bAOmhx5M https://t.co/08IqpIjkGW
[3/5, 12:42] Sekarreporter 1: Court directs Director General of Police to act against both pro & anti-CAA protesters in TN Justices M.M. Sundresh and Krishnan Ramasamy said there was no point in the police merely registering First Information Reports (FIRs) against the protesters without taking further steps to alleviate the inconvenience faced by schoolchildren and others. https://sekarreporter.com/court-directs-director-general-of-police-to-act-against-both-pro-anti-caa-protesters-in-tn-justices-m-m-sundresh-and-krishnan-ramasamy-said-there-was-no-point-in-the-police-merely-registering-first/
[3/5, 12:49] Sekarreporter 1: rabu Manogar: Blogs CAA is necessary: Why the many arguments about its being unconstitutional don’t hold water March 5, 2020, 6:00 AM IST Harish Salve in TOI Edit Page | Edit Page, India, World | TOI The controversy over the Citizenship (Amendment) Act appears to simmer – and of late has led to communal riots. I have failed hopelessly to comprehend what the controversy is all about. https://sekarreporter.com/rabu-manogar-blogs-caa-is-necessary-why-the-many-arguments-about-its-being-unconstitutional-dont-hold-water-march-5-2020-600-am-ist-harish-salve-in-toi-edit-page-edit-page-india-wo/
[3/5, 12:51] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235465338575155206?s=08
[3/5, 12:57] Sekarreporter 1: [3/5, 12:56] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235466652503822338?s=08
[3/5, 12:56] Sekarreporter 1: Chief Justice DN Patel Chief speaking at Justice Muralidhar farewell – we are losing a most eminent judge who can discuss on any topic of law and decide any type of matter.
[3/5, 12:56] Sekarreporter 1: Delhi High Court Bar bids warm farewell to Justice Muralidhar. https://t.co/CL9hbI7efP
[3/5, 13:23] Sekarreporter 1: [3/5, 13:21] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235472911617503232?s=08
[3/5, 13:21] Sekarreporter 1: Madras HC directs DGP to act against both pro and anti CAA protests being held without any permission. Says there’s a difference between right to protest and the act of blocking public roads and causing inconvenience to scores of people @THChennai
https://t.co/xneswduqwK https://t.co/0UTDGympr3 for police gp argued
[3/5, 13:28] Sekarreporter 1: [3/5, 13:27] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235474561270833152?s=08
[3/5, 13:27] Sekarreporter 1: You are Cordially invited to the
Talk by
Sri. Vijay Narayan
Advocate General of Tamilnadu
On
Chief Guest
Mr.AR. L. Sundaresan
President, Madras Bar Association
on
7th March 2020,
Saturday
10:45AM
at
Kerala High Court Auditorium🍁🍁🍀🍀🍀
[3/5, 13:40] Sekarreporter 1: [3/5, 13:39] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235477390924476416?s=08
[3/5, 13:39] Sekarreporter 1: Full bench started hearing today 11 o clock senior advt km Vijayan argued upto 1.30 case post after lunch group advts on behalf of college appeared sgp Srijayanthi appeared on behalf of govt, women sgp appointed by gp jp in the full bench consist of three women judges ist time
[3/5, 13:39] Sekarreporter 1: Ist time in the history of mhc congrats
[3/5, 13:39] Sekarreporter 1: வாழ்த்துக்கள்
[3/5, 13:40] Sekarreporter 1: 🍁🍁🍁🍀🍀🍁🍁🍁
[3/5, 13:57] Sekarreporter 1: [3/5, 13:56] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235481672360943616?s=08
[3/5, 13:56] Sekarreporter 1: [3/5, 13:51] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235480371208179712?s=08
[3/5, 13:51] Sekarreporter 1: Madras HC to deliver it’s verdict today on a writ petition filed by Puducherry Local Administration Minister A. Namassivayam complaining about L-G’s interference in appointment of State Election Commissioner @THChennai
[3/5, 13:51] Sekarreporter 1: Today case against Pondichary governor kiranpedy dismissed by msnj bench on behalf of governor senior advt somiyajee argued and got success https://t.co/fDxTQbEjgm
[3/5, 15:55] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235497261116739585?s=08
[3/5, 15:55] Sekarreporter 1: Father senior vt gopalan and her daughter helping her father today morning to wear gown congrats mam https://t.co/dwqNYkuS17
[3/5, 15:56] Sekarreporter 1: https://youtu.be/UZd07R9bs4U
[3/5, 16:16] Sekarreporter 1: Court directs Director General of Police to act against both pro & anti-CAA protesters in TN: https://sekarreporter.com/court-directs-director-general-of-police-to-act-against-both-pro-anti-caa-protesters-in-tn/
[3/5, 16:25] Sekarreporter 1: [3/5, 16:19] Former Assistant Solicitor General Su srinivasN: Good order
None has any right to cause inconvenience to common people
[3/5, 16:20] Sekarreporter 1: 🍁
[3/5, 16:25] Sekarreporter 1: Right now, I am all padded up and ready to take fresh charge at the Punjab and Haryana High Court”, when Justice Dr S Muralidhar of Delhi High Court finished his speech with these words, the large gathering of advocates gave a standing ovation with an astounding round of applause, signifying their sincere respect and love for the judge. https://sekarreporter.com/right-now-i-am-all-padded-up-and-ready-to-take-fresh-charge-at-the-punjab-and-haryana-high-court-when-justice-dr-s-muralidhar-of-delhi-high-court-finished-his-speech-with-these-words-the-large-ga/
[3/5, 16:25] Sekarreporter 1: /nirbhaya-case-convicts-to-be-hanged-on-march-20-at-6-am-fresh-death-warrant-issued- https://sekarreporter.com/nirbhaya-case-convicts-to-be-hanged-on-march-20-at-6-am-fresh-death-warrant-issued/
[3/5, 16:50] Sekarreporter 1: [3/5, 16:46] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235524591033790465?s=08
[3/5, 16:50] Sekarreporter 1: 8888 பணிக்காக, சீருடை பணியாளர்கள் தேர்வு வாரியம் நடத்திய தேர்வில் முறைகேடுகள் நடந்ததாக கூறப்படும் குற்றச்சாட்டுகள் அனைத்தும் பொய் – சென்னை உயர்நீதிமன்றத்தில் தமிழக அரசு பதில் AAG narmada madam argued. Petioner contention all false so Cj bench set aside sj interim order https://t.co/WytRiwqYIr
[3/5, 17:37] Sekarreporter 1: [3/5, 17:36] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235536857703649280?s=08
[3/5, 17:36] Sekarreporter 1: Today full heared the esi case for petner all india educational institutions senior advt km Vijayan argued morning afternoon senior advt k duraisamy and xevior arulbraj argued then case posted tomorrow 3rd day hearing congrats🍁🍁🍁🍀🍀
[3/5, 17:46] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235537918287998987?s=08
[3/5, 17:46] Sekarreporter 1: [3/5, 17:44] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235538736353427461?s=08
[3/5, 17:44] Sekarreporter 1: வடகலை தென்கலை அப்பீல் வழக்கு nkkj bench heared the case posted tomorrow for வடகலை advts sathis Parasaran ,Parthasarathy, Ragavachary argued கடுமையான வாதம் for தென்கலை senior advt Vt gopalan argued for Hrnc Karthikeyan appeared https://t.co/P69nYLGWx3
[3/5, 17:53] Sekarreporter 1: [3/5, 17:53] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235541368795062274?s=08
[3/5, 17:53] Sekarreporter 1: IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
Cont.Pet.No.1432 of 2019
in
W.P.No.29852 of 2017
Maharaja,
S/o P.Sellavel,
No.38, Pavadi Rettukara Street No.120
Bhavani Post and Taluk,
Erode District
….. Petitioner
- vs –
S.Gangadharan,
The Assistant Divisional Engineer,
Highways Department,
Bhavani Taluk, Erode District The petitioner Maharaja filed writ petition before the Hon’ble High Court seeking direction to direct the District Collector, Erode District and others to remove all the fencing pillar stones laid down by one A.Gurusamy representing Senguntha Mudhaliar Weaving Community, Mudhaliayar Street, Bhavani Taluk by encroaching the land and restore the land on its original nature and kept open for the usage of villagers and weavers.
on 31.01.2019, the Hon’ble court while disposing the writ petition directed that the Assistant Divisional Engineer, Highways,Bhavani Taluk, Erode District to inspect the subject property and take necessary steps in removing the fencing put up in the forms of “Barbed Wire” in the Pillar Stones after following due procedures enunciated under the Tamil Nadu Highways Act by issuing notice to the concerned persons/affected person and considering their representation.
Subsequently, the writ petitioner filed contempt petition. The contempt petition came up before the Hon’ble Mr. Justice R.Subbiah and Hon’ble Mr.Jutice R.Pongiappan on 04.03.2020. The Learned Additional Advocate General Thiru.A.Kumar had appeared and argued on behalf of the respondents stating that order passed in WP.No.29852 of 2017 has been duly complied with. After hearing the arguments, the Hon’ble Division Bench had reserved orders in the contempt petition.
[3/5, 19:18] Sekarreporter 1: [3/5, 19:18] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235562679042838530?s=08
[3/5, 19:18] Sekarreporter 1: Mhc cj bench order We, therefore, frame the following questions to be answered by a Larger Bench, for which the papers may be placed before the Chief Justice for an appropriate order for answering the reference: five questions https://t.co/puV0K3bi1G https://t.co/aJAQ7QzYcG
[3/5, 20:15] Sekarreporter 1: W.P.No.1895 of 2020
For Petitioner : Mr.Sathish Parasaran, Senior Counsel
assisted by Mr.P.Dineshkumar
For Respondents : Mr.G.Rajagopalan,
Additional Solicitor General
assisted by
Mr.K.Sreenivasamurthy,
Senior Central Govt. Panel Counsel
for R1 & R2
Mr.A.L.Somayaji, Senior Counsel
assisted by
Mr.V.Chandrasekar for R3 & R8
Mrs.N.Mala,
Addl. Govt. Pleader (PDY) for R4 & R5
Mr.J.Jagan for R6
O R D E R
M.SATHYANARAYANAN, J.
The stand-off between democratically elected Government of Union
Territory of Puducherry [in short ‘UTP’] and the Lieutenant Governor and
Administrator of UTP, has once again reached the portals of this Court in
the form of this litigation.
- The writ petitioner is the Minister for Local Administration
Department and Public Works Department of the Government of
Puducherry and he has filed this Writ Petition to declare that the scheme of
selection process as formulated by the 8
th respondent, namely Dr.Kiran
3
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[3/5, 20:15] Sekarreporter 1: [3/5, 20:14] Sekarreporter 1: W.P.No.1895 of 2020
For Petitioner : Mr.Sathish Parasaran, Senior Counsel
assisted by Mr.P.Dineshkumar
For Respondents : Mr.G.Rajagopalan,
Additional Solicitor General
assisted by
Mr.K.Sreenivasamurthy,
Senior Central Govt. Panel Counsel
for R1 & R2
Mr.A.L.Somayaji, Senior Counsel
assisted by
Mr.V.Chandrasekar for R3 & R8
Mrs.N.Mala,
Addl. Govt. Pleader (PDY) for R4 & R5
Mr.J.Jagan for R6
O R D E R
M.SATHYANARAYANAN, J.
The stand-off between democratically elected Government of Union
Territory of Puducherry [in short ‘UTP’] and the Lieutenant Governor and
Administrator of UTP, has once again reached the portals of this Court in
the form of this litigation. - The writ petitioner is the Minister for Local Administration
Department and Public Works Department of the Government of
Puducherry and he has filed this Writ Petition to declare that the scheme of
selection process as formulated by the 8
th respondent, namely Dr.Kiran
3
http://www.judis.nic.in
[3/5, 20:14] Sekarreporter 1: 🍁🍁
[3/5, 20:27] Sekarreporter 1: https://youtu.be/UZd07R9bs4U
[3/5, 20:48] Sekarreporter 1: Rajinikanth interview video https://sekarreporter.com/rajinikanth-interview-video/
[3/6, 07:08] Sekarreporter 1: [3/6, 07:06] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235740861163425792?s=08
[3/6, 07:06] Sekarreporter 1: Chief Justice A P Sahi and Justice Subramonium Prasadunder Article 226 of the Constitution of India for declaring Section 6 of the MGNREG Act, 2005 as ultra vires Article 23, 14 and 16 of the Constitution of India and therefore void ab
[3/6, 07:06] Sekarreporter 1: Section 6 Of MGNREGA Not Unconstitutional: Madras HC Cj bench order https://t.co/8D7TQUFE5q https://t.co/Hc6TdgIWWo
[3/6, 07:16] Sekarreporter 1: [3/6, 07:15] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235743119582171136?s=08
[3/6, 07:15] Sekarreporter 1: IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2020
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P. No. 26007 of 2011
and
M.P. No. 1 of 2011
Arulmighu Pachiamman Temple
Represented by its Executive Officer,
Anna Salai, Chennai 600 002. … Petitioner
Vs- The State of Tamil nadu
Represented by its Commissioner,
Land Reforms,
Chepauk, Chennai 600 005. - The Special Tahsildar,
Urban Land Tax,
Egmore~Nungambakkam Taluk,
Mayor Ramanathan Street,
Chetpet, Chennai 600 031. … Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the First Respondent made in his proceedings No.RC.No.1906/2001/B2 dated 25.04.2011, quash the same and forbear the Second Respondent from in any manner proceeding with recovery proceedings.
For Petitioner : Mr. A.K. Sriram
for Mr. A.S. Kailasam
For Respondents : Mr. A. Kumar
Additional Advocate General
for Mr. R.P. Prathap Singh
Government Advocate ORDER
This writ petition has been filed by the Petitioner seeking for the issuance of Writ of Certiorarified Mandamus to call for the records of the First Respondent in proceedings No.RC.No.1906/2001/B2 dated 25.04.2011, quash the same and forbear the Second Respondent from in any manner proceeding with recovery proceedings.
2. The Petitioner has challenged the impugned order passed by the First Respondent on 25.04.2011 purportedly passed in compliance of the order dated 16.04.2001 of the Division Bench of this Court in W.A. No. 1993 of 2000.
3. The operative portion of the said Order which is relevant of the present case reads as under:~
4. According to the learned counsel appearing for the appellant, this was not correct and as there was no question of the petitioner challenging any assessment order for the simple reason that the petitioner kept on enjoying the exemption granted wayback in the year 1981 under Section 27 from the total application of the Act.Learned counsel for the appellant points out that at no point of time has this exemption been called off or cancelled. He also points out that under Section 27 of the Act if any such exemption has to be cancelled, it cannot be done unless a reasonable opportunity for making representation is given to the party who enjoys the exemption under Section 27 of the Act. He also submits that there is no such notice till now, sent for cancelling the said exemption under Section 27 of the Act.
5. Learned counsel for the respondents also very fairly admitted that the exemption order passed in the year 1981 to which we have referred earlier, has not so far been cancelled. If this is the situation, then there was no question of the department holding any enquiry and proceed with the assessment notice dated 3.3.2000. Realising this, learned counsel for the department makes a statement that the department do not propose to proceed with the said notice and they would take further action only within the four corners of the Act. On this statement, it is unnecessary for us to proceed with the appeal. As the petitioner is aggrieved by only the distraint notice, we clarify that whatever further action has to be taken by the department, it may be taken only after giving a proper notice to the petitioner.
6. With the above observation, we dispose of the appeal in the light of the statement made by the respondents counsel. Consequently, the connected C.M.P is closed. Needless to state that in view of the statement made, it will not be necessary to set aside the Judgment of the learned single Judge, as the matter itself would become infructuous because of the assuance given by the learned counsel appearing on behalf of the department.
Though the said order was passed on 16.04.2001, the First Respondent issued notice on 25.04.2011 pursuant to which the impugned order has been passed. In the operative portion of the order reads as under:~
7. According to the directions of Hon-ble High Court of Madras in W.A. No. 1993/2001, dated 16.4.2001, the petitioner was given opportunity of being heard on 11.10.2010 and 1.11.2010. The petitioner appeared on 1.11.2010 and filed audited accounts for faslis 1416 to 1418 in respect of the petitioner-s Temple.
8. This case has been examined with the report of the Assistant Commissioner (Urban Land Tax) Egmore, with that of norms specified in G.O.Ms. No. 1834/Revenue, dated 29.10.83.
i) The petitioner Temple is under the control of Hindu Religious and Charitable Endowment Department.
ii) 12A(a) of Income Tax Certificate has not been filed.
iii) The scrutiny of audited accounts show that the Temple has spent only 26% towards its objects instead of 90% specified in the Government order 1834/Revenue, dated 29.10.83.
9. As per the report of the Assistant Commissioner (Urban Land Tax), Egmore and also from the Encumbrance Certificate filed by the petitioner Temple, the Temple has sold portion of extent of 0600 Sq.ft., 2.0138 ¾ Sq.ft., through Doct. No. 246/84 and 631/1993 respectively in the S. No. 9/1 of Nungambakkam village. It is evident that the Temple has sold a portion of the lands owned by it. This is violation of principle of the Act and the Temple does not fulfill the norms stipulated in G.O.Ms. No. 1834/Revenue, dated 29.10.83 and not qualified for the exemption from payment of Urban Land Tax.
10. In view of the above facts, the Assessment orders issued by the Assistant Commissioner (Urban Land Tax), Egmore in respect of S. Nos. 9/1, 9/3, 9/5, 9/7, 9/8 of Nungambakkam village is hereby upheld.
4. The case of the Respondents appears to be that the Petitioner has violated the terms and conditions of G.O.Ms. No. 1834 dated 29.10.1983. It is the contention of the learned counsel for the Petitioner that the said Government Order is inapplicable to the Petitioner as the Petitioner is specifically governed by an Exemption Notification dated 29.08.1981. It is further submitted that G.O.Ms.No. 1834 dated 29.10.1983 pertains to the guidelines for the issue of exemptions prospectively and not to the exemptions that were already granted.
5. According to the Petitioner, the exemption dated 29.08.1981 is still in force and has not been withdrawn as has been also admitted by the Respondent in W.A. No. 1993 of 2000.
6. On the other hand defending the impugned Order, it is stated that the Petitioner has not only sold the land but has also not utilized the income for the institution and as thus violated the conditions of exemption as found by the First Respondent on 29.08.1981.
7. I have heard the learned counsel for the Petitioner and the learned Additional Advocate General for the Respondents.
8. The demand has been confirmed by the Respondents without issuance of proper notice to the Petitioner. Since the factual aspects have been discussed for the first time in the affidavit and counter affidavit, I am of the view it would be ideal if the case is remitted back to the Respondents to pass fresh order by treating the impugned order dated 25.04.2011 as a Show Cause Notice. If necessary the Respondents may issue a corrigendum to the Petitioner capturing the reasons for proceeding against the Petitioner within a period of thirty days from the date of receipt of a copy of this order.
9. The Petitioner may file its reply thereafter within a period of four weeks. The Respondents shall thereafter take up the case and dispose the same in accordance with law within a period of three months from the date of receipt of a copy of this order. It is needless to state that the Petitioner shall be heard before any orders have been passed.
10. The Writ Petition stands disposed accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.
05.02.2020[3/6, 07:26] Sekarreporter 1: [3/6, 07:23] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235745339073691649?s=08
[3/6, 07:24] Sekarreporter 1: HC dismisses PIL against Mettur surplus water project tender ag gp argued
[3/6, 07:31] Sekarreporter 1: [3/6, 07:30] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235747049984815104?s=08
[3/6, 07:31] Sekarreporter 1: Courses offered by medical varsity without MCI nod illegal, says mHC Cj bench https://t.co/eTVsr9AKuV https://t.co/nJlbZAnSYQ
[3/6, 09:55] Sekarreporter 1: Powerful Editorial by Indian Express on the vilification of activist Harsh Mander by Supreme Court
There are many guilty men of Delhi. Putting an activist with a formidable record of civic action in the dock in this moment seems to be a waste of the court’s precious time, and a travesty.
https://indianexpress.com/article/opinion/editorials/delhi-violence-clashes-maujpur-babarpur-chand-bagh-6301437/
[3/6, 10:00] Sekarreporter 1: [3/6, 09:59] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1235784545305350144?s=08
[3/6, 09:59] Sekarreporter 1: W.P.Nos.10821, 6135 & 6136 & 6236 of 2015
the records of the third respondent in provisional debit note
No.GAIL/PDY/F&A/2014-15/VAT/167 dated 25.02.2015 and quash the same.
Prayer in W.P.No.6136 of 2015: Writ Petition is filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Certiorari, calling for
the records of the third respondent in provisional debit note
No.GAIL/PDY/F&A/2014-15/VAT/175 dated 25.02.2015 and quash the same.
Prayer in W.P.No.6236 of 2015: Writ Petition is filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Certiorari, calling for
the records of the third respondent in provisional debit note
No.GAIL/PDY/F&A/2014-15/VAT/163 dated 25.02.2015 and quash the same.
For Petitioners : Mr.Vinod Kumar
(in all W.ps.)
For Respondents : Mr.A.P.Srinivas
(in all W.Ps.) Standing counsel for R1 & R5
Mr.Joseph Prabakar
for R2 & R3
Mr.A.N.R.Jaya Prathap
Government Advocate
for R4
No appearance for R6
(in W.P.No.10821 of 2015)
C O M M O N O R D E R
By this common order all the writ petitions are being disposed. The
respective petitioners are aggrieved by the impugned provisional debit notes
4/10
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