HC : Nativity of one parent sufficient to claim State Quota in Medical Seat.

The High Court of Judicature at Madras, in one of it's Orders dated 21 June 2019, held that it would be sufficient if one parent, instead of both, be a native of Tamil Nadu, to apply for medical seat in Tamil Nadu quota.

In the case of the petitioner, whose parent is an Exserviceman, the respondents have placed the candidature under Open quota. The contention of the petitioner is that, she had pursued education in Tamil Nadu and that her mother is a native of Tamil Nadu. The petitioner further states that her father was an Exserviceman and was employed in other state. The petitioner expected that this fact shouldn't bar her from competing for medical seat in Tamil Nadu quota.

If sub clause (b) to Clause 5 in the prospectus issued by the Directorate of Medical Education were to be strictly interpreted, both mother and father of the candidate should have been born in Tamil Nadu, so to consider for admission into MBBS/BDS course, in the native of Tamil Nadu quota.

However,  the court viewed that, it might be possible that "in some case either one alone will be born in Tamil Nadu and the candidate will be residing at Tamil Nadu pursued the studies in Tamil Nadu as in the case of the petitioner" and thus, the court arrived at a conclusion that,"By no stretch of imagination such candidates can be termed as other state candidates."

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Medical Seats Lying Vacant. SC Dismisses Petition for Extension.

The Supreme Court, in one of it's judgements deleivered on on 21 June 2019, held that, merely because the seats were lying vacant, was not a ground to grant extension of time and grant further opportunity to fill up vacant seats.

The petitioners has prayed to the court that, it may "grant extension of time to respective   medical  colleges/deemed universities for carrying out counselling for P.G. courses since large number of seats in these colleges are lying vacant."

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SC confirms 23 Crore Penalty Against Admission

The Supreme Court in one of  it's Judgment dated 21 June 2019 held that, the "institution had no business to admit students beyond the number permitted by the AICTE."

"granting admission to the students beyond the seats sanctioned is totally illegal and
contrary to law.", the court held.

In terms of Clause 3.1 of Chapter IV of   Approval  Process
Handbook, 5 times   penalty for each student works out   to
Rs.55,00,000/­ and for 42 student it works out to
Rs 23,10,00,000/­, which is the penalty imposed by the AICTE. The court further observ d that, "The AICTE has no discretion to award a lesser penalty..." and went on to confirm the penalty of 23 Crore 10 Lakhs towards the admission of 42 students in excess.

The court further held that, "Having held thus we are also of the considered view that the
students who had paid large sums of money should not be made
to suffer. They have already completed the course but the degrees have not been awarded to them. We, therefore, direct
 that the degrees be awarded to the said students."

The college has been collecting RS 11 Lacs as fees for the entire course, from each student.

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HC Quashes Government Order Limiting Medical Reimbursement

The High Court of Judicature at Madras, on 13 June 2019, quashed a G.O of Health and Family Welfare (B2) Department, stating that, "the right to health and medical care is a fundamental right enshrined by Article 21 of the Constitution of India, inasmuch as the health is vital for making the life of an employee meaningful, purposeful and compatible with personal dignity.
Therefore, the court added that, "in a welfare state, like ours the primary duty of the Government is to secure the welfare of the people and to provide adequate medical facilities is an obligation undertaken by the Government in a welfare state."

It was the view of the court that medical reimbursement should be made on whatever scheme and facility that is available to a patient, without limiting to a cieling amount or to technical issues.

"..... it cannot be said that not obtaining prior approval is a reason to justify and to deny the actual (medical) reimbursement." the court held.

Quoting a previous order, the justice reminded that, "when substantial justice and technical consideration are pitted against each other, the cause of substantial justice deserved to be preferred."

It is not any justice to deny medical reimbursement for the entire expenditure actually incurred by the patient, and
It wasn't nice for a welfare state, with enshrined articled in the Constitution, to restrict medical claim, to a certain ceiling, was the view of the court and the court accordingly ordered that "Government Order in  G.O.(Rt) No.2164, Health and Family Welfare (B2) Department dated 28.09.2000 is Quashed."

The Order further expected that, "it must be seen that the judiciary is respected not on account of its power to legalise injustice on technical grounds but, because it is capable of removing injustice and is expected to do so."
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Building & Layout Approval Rules and Procedures

In exercise of the powers conferred by sub-section (4) of section 32 and section 122 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), section 191 and 303 of the Tamil Nadu District Municipalities Act, and many other relevant acts, the Governor of Tamil Nadu, has made the following Rules. The Rules are to come into force from the date of publication in the Tamil Nadu Government Gazette.

The new buildings and Layouts rules require, the following in addition to other requirements.

∆ 10% of layout area excluding roads, additionally, shall be reserved for "Public Purpose" for purchase at Guideline value.

∆ Within the above ceiling 5% of area shall be reserved and transferred to the Local Body free of cost through a registered gift deed before the actual sanction of the layout.

∆ "No such area reserved shall measures less than 100 square metres with a minimum dimension of 10 metres."

∆ Reserve plots under Economically Weaker Section (EWS)

∆ Reserve at least 3 percent of the total area for commercial purposes

∆ The cost of laying improvements to the systems in respect of road, water supply,
sewerage, drainage ..... be borne by the applicant."


PART II - Manner of Obtaining Permission
Application for Planning, Permission & Building Permit- Scrutiny fees -Plan Requirements -Inspection -Sanction - Limitations of permission -Demolition of buildings -Cancellation of permit -Renewal of permit

PART III - Conformity of Developments
Development Regulations -Master Plan / Detailed Development Plan - Correlation of land use zones in Master Plan, Detailed Development Plan- Width of roads - Prohibited /restricted areas

PART IV - Completion Certificate Application for Completion Certificate - Illegal occupation of building - Illegal developments

PART V - Registration of Professionals
Registration of Architects (RA), Engineers (RE), Structural Engineers (SE),
Construction Engineers (CE), Quality Auditors (QA), Town Planners (TP)
and Developers (D), and their Duties and Responsibilities - Appointment of Professionals -Change of Owner/Developer/Professionals - Applicability of other rules

PART VI - Development Regulations
Requirement for site approval- Structures in setback spaces- Spaces excluded from FSI and Coverage computation- Areas of special character- Boundaries of land use zones
- Regulations to over ride other Rules and Regulations- Zoning Regulations
- Shelter Charges - Planning Parameters for Non High Rise Buildings- Planning Parameters for Industries- Planning Parameters for Institutional Buildings
- Planning Parameters for Transport Terminals- Special rules for High Rise Buildings- Rules for I.T. Developments availing additional F.S.I. benefits- Reservation of land for community recreational purposes in cases of Non
High Rise buildings/ High Rise building developments- Corridor / Verandah width - Provisions for differently abled, elderly and children- Solar Energy capture- Wind Electricity Generator- Electrical Transformer Rooms- Layout and Sub-division Regulations- Transferable Development Rights (TDR)- Premium FSI
- Repeal and savings

PART VII - Building Rules Structural safety
- Requirements of parts of buildings- Exit requirements- Sanitation requirements
- Storm water drainage - Electrical and Allied Installations (including lightening protection of buildings)- Air conditioning, Heating and Mechanical ventilation- Gas Supply- Boiler Room - Acoustics, Sound insulation and Noise control

Annexure
l. Form –A Application for Permission for sub-division / Layout or reconstitution or amalgamation of land for building
purposes and for change of use of land
II. Form –B Application for Permission for carrying out construction of building or structure, change of use of building
III. Form of undertaking
IV. Parking requirements
V. List of cottage industries
VI. List of Industries classified as “Green”
VII. List of Industries classified as “Orange”
VIII. List of Industries permissible inSpecial and Hazardous’ Industries Use zone
IX. Regulations for Special Provisions for Hospital Buildings
X. Sanitation requirements
XI. Structural safety
XII. Protection against Hazards
XIII. Registration, qualification and duties & Responsibility of professionals
XIV. Form No.1 Structural Design basis report
Form No.2 Notice for commencement of work
Form No.3 Progress Certificate – Plinth stage
Form No.4 Progress Certificate – Last Storey
Form No.5 Completion Report
Form No.6 Building completion certificate by Registered Architect/Engineer
Form No.7 Building completion certificate by Registered Construction Engineer
Form No.8 Building completion certificate by Registered Structural Engineer
From No.9 Structural Inspection Report 161
Form No.10 Model proforma for Technical Audit Report
XV. Special additional regulations for schools
XVI. Conservation of heritage sites including heritage
buildings, heritage precincts and natural feature areas
XVII. Development prohibited/restricted areas
XVIII. Zoning Regulations
XIX. Areas set apart for High Rise Buildings in CMA
XX. Swimming Pool or Pool
XXI. Installation of Closed Circuit Television units in public buildings
XXII. Rainwater Conservation
XXIII. Completion Certificate Norms

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Contributory Pension Scheme, CPS Account Slips On-line

The Government of Tamil Nadu has announced that the Account Slips of the 4,66,867 CPS (Contributory Pension Scheme) Subscribing Government Employees, will be available in the online.
Click here to View your CPS Account Slip

Obeyed. Served. Saved. Officer Dismissed. HC Rescues.

The High Court of Judicature at Madras, has in one of it's Orders dated 07 June 2016, has come to save an officer who has obeyed the orders of the High Court and has been dismissed for such obedience, besides having saved his department from contempt of court proceedings.

The officer has been charged on the grounds that, he "had acted with a malafide motive in the discharge of his official duties ...." and has "resorted to misleading the superior officer to cover up certain lapses committed by him."

The charge on the officer was also that he had "Issued irregular refund of tax..... without going in to the merits of the case as per High Court directions and without waiting for instructions of superior authorities."  and has "Failed to discharge his duties as an Assessing officer diligently and to safeguard the interest of revenue." in addition to have "acted with negligence in the discharge of his duties"

Upon Enquiry, a few charges were proved , a few partly proved,and a few other were unproved. Interestingly, "the Government disagreed with couple of findings of the Enquiry officer and ordered unproved charges also to have been proved and the officer was dismissed from service.

TNPSC remarked that the officer had "hurriedly issued the refund vouchers to the dealer and acted against the interest of the Government" and had also added that "the Delinquent Officer did not address the issue to the Government Pleader and obtain his opinion,"

The petitioner among other things had defended that he "being an quasi-judicial authority, could not be processed against the departmental proceedings."

The petitioner contended that, the High Court of Madras by its order in a Writ petition had directed him to refund the excess amount. He further contended that he had written to his superior authorities and since no reply was forthcoming from his superiors, he had no alternative except to pass the orders in accordance with law. And he did.

The petitioner has stated to the court that, "he has done only his duty and had passed orders in compliance to the directions of the High Court."

The court found that the only reason given for his dismissal from service was that, he had "acted in hurried manner and passed the orders without waiting for instructions from the superior or getting opinion from the Government Pleader." In addition the court also held that "the Inquiry Officer has not offered clear-cut findings"

The court in it's Order declared that, "The conduct of the petitioner in proceeding ahead with passing orders of refund was in compliance with the order of this Court and it cannot said to be a reckless order. The petitioner is correct in contending that had he not passed the order then department would have to face contempt proceeding. There is nothing in the order which suggests that there has been any pecuniary loss to the Government." And hence, the court had stayed in it's Order that, "the order of dismissal from service is completely disproportionate to the conduct and the petitioner who had passed the orders to avoid contempt proceedings.

The court held that "It is not the case of the petitioner that the orders of refund were legally wrong orders or that the opinion of the Government or the public prosecutor would have been to the contrary or that the refund is not in accordance with law settled by this Court in various decisions."

The court has consequently set aside the order of dismissal of the petitioner from service and has remanded the matter back to the Enquiry Committee

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HC: Register Kalaimagal Sabha Sale Deeds and Convene General Body Meet Soon

The Madurai Bench of Madras High Court has issued an Order on 03 June 2019,
on a Writ praying to direct a Sub-Registrar, in Ariyalur District.to return the original sale deeds dated owned by the petitioner within a reasonable time. However, in course, the case has taken a few turns with the joining of the third Respondent, M/s.Kalaimaghal Sabha.

"It was submitted that since the properties were not registered in the name of M/s. Kalaimaghal Sabha, the refusal and failure to return the documents after registration to her were not proper." the petitioner held.

According to M/s.Kalimaghal Sabha, the transaction is vitiated by fraud and therefore the document cannot be returned.

The order recollects another order of the Principal Bench of the same High Court, by which the government appointed officers to act as the Joint Receivers of Kalaimaghal Sabha.

The court has ordered that "the Joint Receivers shall file a detailed report as is contemplated in Section 43 of the Act and call for a general meeting of the members as per the procedure prescribed under the Act within a period of six months of this order to bring a closure to the case."

The court in it's Order has dismissed the writ petition with drections to The Superintendent of Police, The Vigilance and Anti-Corruption Department, The Sub Registrar, Lalgudi and his counter parts in the State to register all the sale deeds presented for registration of land by the Kalaimagal Sabha  in its favour and complete the process within a period of two months forthwith.

The order further adds that, "The Registrar acting under the T.N. Societies Registration Act, 1975 shall deal with the surplus assets of the 3rd respondent as is contemplated
under the Act.

Drawing attention to Section 52 of the Registration Act, 1908, Chapter 2 of the Registration Rules and Rule 55 of Chapter
11 Registration Rules, the order adds that, "Though, it forms no part of the duty of the registering officer to enquire into the validity of the document presented for registration or to attend to any written or oral/verbal request against the registration of a document based on the ground that the executing party has no right to execute the document, yet the registration could not have been completed in favour of the vendors of the petitioner contrary to the order of the Court inW.P.No.514 of 1999" the court held.

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A Ready Reference where Recovery of Pay is NOT Permitted : HC

The Madurai Bench of Madras High Court, in an Order, dated 06 June 2019. has summarised a few situations, as a ready reference, "wherein recoveries by the employers, would be impermissible in law:
(i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service).
(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.

While directing the respondents "to pay correct scale of pay as applicable to the writ petitioner by revising the scale of pay and pension with reference to the Pay Rules and U.G.C.Regulations," the court made it clear that "the excess payment already made to the writ petitioner cannot be recovered" and if "any such amount had already been recovered, the same is to be reimbursed" the Order states.

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Jr Revenue Asst and Dt Collector, approaches HC for Community Certificate

The "Junior Revenue Assistant and the District Collector,Tuticorin", appointed in 2013, is serving without his service being regularized due to pendency of verification of his Community Certificate.

The High Court of Judicature At Madras, in it's Order dated 03 June 2019 has directed
the State of Tamil Nadu represented by its
Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai – 600009, to consider the petitioner's representation and expedite the process of verifying the genuineness of his Community Certificate and "pass appropriate orders on merits and in accordance with law at the earliest, preferably, within a period of eight weeks from the date of receipt of this order."

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Temporary / Casual / Contract / Daily Wager Not Entitled For Regularization:HC

The Madurai Bench of Madras High Court on 04 June 2019, dismissed the prayer of a writ petitioner, holding that a "daily wage employee with breaks in service is not entitled for the relief (reinstate and regularize the service with all the attend benefits and backwages.)"

The claim of the petitioner was that, he "has served more than ten years in the Department as daily rated employee and therefore, as per G.O.(Ms) No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, his service is entitled to be
regularized in the sanctioned post in the time scale of pay."

The respondent defended their stand, contending that, "the writ petitioner was engaged as a daily rated employee and at no point of time, he was absorbed as a permanent employee. Thus, the benefit of regularization sought for by the writ petitioner cannot be granted."

The court Opined that, "regularization or permanent absorption cannot be granted contrary to the recruitment rules in force."

The court observed that, while "Lakh and lakh of youths of this great nation are longing
to secure public employment and they prepare materials in order to get selected even till midnight,... the authorities
competent should not be allowed to commit any such irregularity by providing backdoor appointments."

The court held that, "The erring officials, who are not following the constitutional principles, should be dealt with iron hands and suitable actions should be taken against them."

"So also, the persons, who entered into the service through backdoor, must be sent out through the way by which they entered into service." the Order states.

The court has stated that " the writ petitioner has to participate in the selection process for the purpose of securing the public employment through the open competitive process."

The order states that, "the mere continuation of services on temporary/casual/daily wages cannot confer any right and in order to appoint any candidate in the permanent basis in the public post, the scheme recognized by the constitution has to be strictly adhered to and the violation of the same to be viewed seriously."

However, the Order also adds that, "Though such cases are considered on few occasions,
those cases can never be cited as precedent nor the Government to follow such cases as principle."

The court has cited the ruling of the Apex Court, thus "The High Courts, in exercising power under Article 226 of the Constitution will not issue directions for regularisation, absorption or permanent continuance, unless the employees claiming regularisation had been appointed in pursuance of a regular recruitment in accordance with relevant
rules in an open competitive process, against sanctioned vacant posts."

The Order adds that, Part-time employees:
" are not entitled to seek regularisation as they are not working against any sanctioned posts."
"cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work."
"Nor can employees in private employment, even if serving full time, seek parity in salary with government employees."

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HC Declares Management Fee Arbitrary, Unless Subject Audit and Inspection

The High Court of Judicature at Madras, prounced an an Order, on 04 June 2016, holding that "the management fee is arbitrary, unless it has been subjected for auditing and inspection."

The court in it's Order has directed the "authorities concerned to audit and inspect the institution and report as to whether the management fee fixed by the institution is fair and good not profiteering."

The court further in it's Order has stated that, in case of the institution "not submitting any Financial Statement (Expenditure) as required by the authorities concerned" and "is not allowing the officials to audit the records" then the institution shall "not (be) entitled to claim management fee for any of its students from the academic year 2018-2019 onwards" the Order states.

The fee is observed, as found in the Order, to he "collected in two parts, one is under the School bill, which as determined by the state and the other is collected in the name of a Trust of the School, in order to escape from prosecution under Section 7 of Tamilnadu Educational Institutions (Prohibition of collection of Capitation Fee), Act, 1992"

Earlier, the School has defended that it, can"is an Aided Minority School and they are protected under Article 26 and 30 the Constitution of India and they are entitled to collect fee besides the fee fixed by the Committee."

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HC Finds Patta Issue Improper wrt Patta Passbook Act

The High Court of Judicature at Madras, wrt a Writ praying to quash an order of a Tahsildar beside directing him to issue patta for the land already assigned to the petitioner, pronounced it's Order on 07 June 2019.

The court finds that "There is nothing to show that the Tahsildar has followed Section 3 of the Patta Pass Book Act before issuing patta pass book to the petitioners in whom now the land stands vested."

Holding that "The order of Tahsildar is a completely unreasoned order without even stating whether the procedures prescribed under Section 3 have been followed or not" the court set aside the order of the Tahsildar and remanded the matter back to the Tahsildar for fresh consideration.

Section 12 of the Patta Pass Book Act provides for an appeal to the Competent Authority from any order of Tahsildar under the Patta Pass Book Act. Section 13 provides for a revision by the Officer of the Revenue Department, not below the rank of District Revenue Officer to call for examine records of the Tahsildar or the Appellate Authority (in an order passed under Section 12).

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Registration of Rental Agreements made Compulsory. Tenancy Law comes in to Force.

Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017 has come into effect since 22 February 2019

The law aims to regulate tenancy and safe gaurd the interests of the tenant and the landlord, in case of disputes. The law mandates that all tenancy agreements should be duly registered with the Rent Authority and such registration is independent of the registration requirement of the tenancy agreement under the Registration Act 1908. All agreements made before the coming of the Act, has been necessitated to be accordingly registered within a period of 90 days and the same has now been extended further to 120 days more.

The general public may call the toll free number 1800 599 01234 for queries, if any.

The tenancy portal, https://www.tenancy.tn.gov.in makes it all easy.

As per 2011 Census, the rental housing in Tamil Nadu, stands at 23.4 percentage while the state has registered an urbanization growth of 27.16 percentage, in the past decade.

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TN Gazette 07 August 2017 - Acts and Ordinances

Tamil Nadu Industrial Establishments (National and Festival Holidays)
Amendment Act, 2017

Chennai Metropolitan Water Supply and Sewerage (Amendment) Act,
2017

Tamil Nadu Value Added Tax (Third Amendment) Act, 2017

Tamil University (Amendment) Act, 2017

Tamil Nadu Societies Registration (Amendment) Act, 2017

Tamil Nadu Schools (Regulation of Collection of Fee) Amendment Act,
2017

Tamil Nadu Regulation of Rights and Responsibilities of Landlords and
Tenants Act, 2017

Tamil Nadu Slum Areas (Improvement and Clearance) Amendment
Act, 2017

Tamil Nadu Physical Education and Sports University (Amendment)
Act, 2017

Tamil Nadu Transparency in Tenders (Amendment) Act, 2017

Tamil Nadu Agricultural University (Amendment) Act, 2017

Tamil Nadu Veterinary and Animal Sciences University (Amendment)
Act, 2017

The Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017

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TN Revision of Pay Benefits and Group A, Group B, Group C and Group D Classification

The Government, in The Tamil Nadu Revised Pay Rules, 2017, while revising pay, allowances, pension and related benefits
to the government servants, has classified them into four groups.

Group A (pay levels 25 to 32), Group B (pay levels 13 to 24), Group C (pay levels 2 to 12) and Group D (pay level 1).

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https://drive.google.com/file/d/1HAnpJfvr2v77GobSjpzFsP5XlhZ_Dz4x/view?usp=drivesdk

Gift for Govt Servants to increase 20 times, Sooner.

The Government of Tamil Nadu vide G.O. dated 05 March 2019, has published an Order on the amendment to the Tamil Nadu Government Servants' Conduct Rules 1973 with regard to the Classification of Government Servants'  and the amount as could be accepted as gift / loan, and on the Purchase / Sale of Movable Property, in their name.

The Order is sooner to be notified in the Gazette.

The Order, for example increases the value of receivables, from Rs 5000 to Rs 25000 and up to Rs 10,00,000.

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Dress Code for Government Servants comes into force wef 01 June 2019

The Government of Tamil Nadu vide G.O. dated 01 June 2019, has published an Order with regard to the Dress Code of Government Servants.

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Recovery From Employee Pay Is Not Allowed. Reimburse All:HC Quotes SC

The Madurai Bench of Madras High Court, in an Order dated 03 June 2019 has held that, "even in case of erroneous fixation of scale of pay, the payment already made cannot be recovered."

And the Order adds that, "If any such amount was already recovered, the same is directed to be reimbursed."

The Order quotes that "The Apex Court in unambiguous terms held that recovery of excess pay cannot be made from the retired employees as well as the employees working in Group lII and GrouplV services.'

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Physical Defect or Deformity Not A Bar To Employment: HC

The Madurai Bench of Madras High Court on 29 May 2019, in it's Order has held that, "To formulate or enforce a policy not to consider any candidate for employment irrespective of the fact whether he is medically unfit or fit, is nothing but short of arbitrariness and shows a baseless prejudice against such candidate."

It is a settled law that, the Order states, a physical defect or deformity, which in no way interfere with the normal or efficient functioning, should not be considered as an absolute bar to public employment in regard to the posts not associated with physical activity.

No authority can formulate a policy relating to appointment with such arbitrariness, the Order reasons.

"Normally, the Courts will not interfere with the standards fixed by an authority to ascertain medical fitness of a person for employment." However, "the Courts will interfere with an arbitrary prohibition to appointment in absolute terms merely on a physical defect or deformity, which is not shown to have any effect on the normal and efficient functioning of the person in the post and it can be corrected." the Order adds.

The Order, further states the following:
There can be no doubt that different standards of fitness may be required for different types of posts. But what is required is mental alertness and mental capability and physical fitness, which will ensure efficient discharge of his functions.

So long as the defect or deformity can be corrected and it has no effect on the efficient and normal functioning of the person, the defect by itself cannot be a ground to disentitle him for being considered for that post.

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HC Not to Entertain Writ Praying for Cultural Programme in Temple Festival.

The High Court of Judicature At Madras on 29 May 2019 dismissed a Writ petition praying the court to issue directions to the authorities to "grant permission to conduct the cultural programme" in a Temple Festival.

The Court has held that " writ jurisdiction cannot be used to direct such authorities to grant permission to conduct the cultural programme."

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HC Denies Compensation for Temple in Poramboke Land

The High Court of Judicature at Madras, on 29 May 2019 dismissed a Writ Petition praying to "forbear the respondents from demolishing the petitioner temple buildings."
The Court in it's Order had held that, "When the temple itself is situated in a poromboke land and the respondents are entitled to lay the road for public purpose, the public purpose has to be given primary importance." Stating the above the court denied any compensation  stating that, "since the temple is situated in the poromboke land, the writ petition cannot be maintained to contend that the writ petitioner is entitled to get compensation."

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Records Ought to Abide by the Outcome of Law. No Option: HC

Records Ought to Abide by the Outcome of Law. No Option: HC
The Madurai Bench of Madras High Court, on 30 May 2019, in an Order has stated that "changes that were made in the revenue records ought to abide by the out come of the writ proceedings" and that, "it is not open to the authorities to take a stand that only after getting permission from the Government."
Adi Dravidar and Schedule Tribe Welfare Department, and The District Collector, Dindigul District "to change the classification of the land in question from Adi Dravidar Natham into the name of the petitioners and issue patta in their favour" "within a period of twelve weeks."
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HC Directs Authorities to Accept Downloaded Order / Judgement

The High Court of Judicature at Madras in it's Order dated 08 January 2019, has stated of "practically difficult for the Registry,
High Court to issue the certified copy of the orders / judgments in all cases within a short span of time."

In view of the same, and the expediency at restoring justice, without having it to be, as would Justice.YV chandrachud have held about justice delayed and justice denied, the High Court, in it's Order has clarified that "the authorities concerned cannot reject or refuse the printed copy of the downloaded orders / judgments communicated by the respective learned counsels."

The Court has further directed all the concerned officials "to acknowledge
all such orders / judgments and act accordingly.'

Further to this, it is also stated  that, "in the event of any violation in
this regard, the persons aggrieved are at liberty to approach the Court by filing
an appropriate application for violation of the Court orders / judgments."

However, it is notable that, it will be much fine if the Orders were to be late loaded and that appropriate Orders be displayed for every query made, without the comment as shown in the screenshot images, as attached.

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Promulgated: Central Acts and Ordinances 03 April 2019

The Government of Tamil Nadu vide it's Gazette Dated 03 April 2019 has published Ordinances, with regard to the Central Acts as mentioned below.
No. 8 of 2019—The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 .. .. 84-86
No. 9 of 2019—The Aadhaar and Other Laws (Amendment) Ordinance, 2019 .. .. .. 87-98
No. 10 of 2019—The New Delhi International Arbitration Centre Ordinance, 2019 .. .. .. 99-118
No. 11 of 2019—The Homoeopathy Central Council (Amendment) Ordinance2019 .. .. 119-120
No. 12 of 2019—The Special Economic Zones (Amendment) Ordinance, 2019 .. .. 121-122
No. 13 of 2019—The Central Educational Institutions (Reservation in Teachers’ Cadre)
Ordinance, 2019

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Promulgated : Central Acts and Ordinances 27 Mar 2019

The Government of Tamil Nadu vide it's Gazette Dated 27 March 2019 has published Ordinances, with regard to the Central Acts as mentioned below.
No. 1 of 2019—The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 .. .. 10-14
No. 2 of 2019—The Indian Medical Council (Amendment) Ordinance, 2019 .. .. .. 15-16
No. 3 of 2019—The Companies (Amendment) Ordinance, 2019 .. .. .. .. 17-30
No. 4 of 2019—The Muslim Women (Protection of Rights on Marriage) Second Ordinance 2019 31-36
No. 5 of 2019—The Indian Medical Council (Amendment) Second Ordinance, 2019 .. .. 37-40
No. 6 of 2019—The Companies (Amendment) Second Ordinance, 2019 .. .. .. 41-52
No. 7 of 2019—The Banning of Unregulated Deposit Schemes Ordinance, 2019.
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Promulgated: Companies (Amendment) Ordinance, 2018

Companies (Amendment) Ordinance, 2018
Tamil Nadu Government by it's Gazette Dated 02 January 2019 has published the Companies (Amendment) Ordinance, 2018 which shall "come into force, at once."
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Enacted: Madras High Court Video Conferencing Rules, 2018

Government of Tamil Nadu vide it's Gazette Dated 02 January 2019 has published Rules which shall be known as "Madras High Court Video Conferencing Rules, 2018. The rules shall come into effect since 01 January 2019.
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Tamil Nadu Leave Rules Amended

Government of Tamil Nadu vide it's Gazette Dated 02 January 2019, has brought in an Amendment to the Tamil Nadu Leave Rules, with regard to the surrender of Earned Leave, inclusive of the Probationers and the Approved Probationers.

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Data Entry Operators (DEOs) - Work Allocation—Reg

Tamil Nadu Government, in it's Gazette Dt 29 May 2019, has delineated the Work Allocation of Data Entry Operators (DEOs) in Registration Department.

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PoA Power of Attorney Not Valid for Property Transfer: SC

Supreme Court, in a Judgement dated 11 October 2011 has reiterated that "immovable property can be legally and
lawfully transferred/conveyed only by a registered deed of conveyance."

"Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ don ot convey title and do not amount to transfer, nor can they be recognized orvalid mode of transfer of immoveable property" the court judgement warns.

And consequently, the court takes the stand that it "will not treat suchtransactionsas completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property".

"They cannot be recognized as deeds of title, except to the limited extent of
section 53A of the TP Act," is the stand of the court.

What is stated above will apply not only to deeds of conveyance in regard to freehold
property but also to transfer of leasehold property.

The court, while declaring the above, has taken note that it's declaration of "making of GPA sales and SA/GPA/WILL transfers as not legally valid modes of transfer, is likely to create hardship to a large number of persons who have entered into such
transactions" and feels that, "they should be given sufficient time to regularize the
transactions by obtaining deeds of conveyance.

The judgement reads that, it has "merely drawn attention, to and reiterated the well-settled legal position that SA/GPA/WILL transactions are not ‘transfers’ or ‘sales’
and that such transactions cannot be treated as completed transfers or
 conveyances." The judgement further adds that, "They can continue to be treated as existing agreement of sale. Nothing prevents affected parties from getting registered Deeds of Conveyance to complete their title."

The ruling relaxes it's will upon the practice, if well regularized by developmental authorities viz., CMDA, DTCP or by the Municipal or revenue authorities to effect mutation.

It is made clear that the observations of the court "are not intended to in any way
affect the validity of sale agreements and powers of attorney executed in genuine transactions."

For example, the judgement reads, a person may give a power of attorney to
his spouse, ... or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development
agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers.

Observing that, in several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty, the observations of the court "regarding ‘SA/GPA/WILL transactions’ are not intended to apply to such
bonafide/genuine transactions."
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I publish this, in response to an alarm raised by a group member today shocking the recipients with an undated news headline, on the topic.

Disburse under Medical Reimbursement Scheme : HC

The Madurai Bench of Madras High Court on 28 May 2012 has directed in it's Order that the District Level Empowered Committee, shall reconsider all the claims for medical reimbursement, made by the respective writ petitioners, individually and "shall not reject any claim merely on the reason of non network hospital or non listed disease."

It's further directed that, "The Committee, wherever possible, shall give suitable direction to the Insurance Company to reimburse the claim made by the respective claimant / employee / pensioner" in other cases, "suitable orders shall be
passed directing / recommending the State authorities to reimburse the claim
under Medical Attendance Rules."

It is also directed that, the Insurance Company shall,  upon passing such orders by the Empowered Committee of the District concerned,  immediately reimburse the medical claim with 6% interest from the date of due till date of payment, within a period of thirty days from the date of receipt of such order.

On receipt of such orders /recommendation from the Empowered Committee, the Order of the the Sanctioning authority / State authority /  High Power Committee in the State Level shall pass necessary orders allowing the medical reimbursement claimed by the individual claimant / employee / pensioner under the Medical Attendance Rules.
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