Archive for category Court
HC Bench says no to borewell inside Big Temple premises to celebrate
The Madras High Court Bench here on Thursday restrained the Thanjavur Collector from sinking borewells inside the Brahadeeshwarar Temple premises as part of arrangements to celebrate 1,000th year of building of the temple on September 25 and 26.
A Division Bench comprising Justices D. Murugesan and M. Duraiswamy granted the interim injunction pursuant to a public interest litigation petition filed by Thanjavur Big Temple Rights Retrieval Committee represented by its president C. Murugesan (62) of Ayyanarpuram in Thanjavur Taluk.
According to the petitioner, the Brahadeeshwarar Temple, built by Raja Raja Chola-I in 1910, was a magnificent manifestation of the Chola style of architecture. It was notified as a World Heritage Site by the United Nations Educational, Scientific and Cultural Organisations (UNESCO).
Also known as Big Temple or Rajarajeswaram Temple, it was declared as an ancient and historical monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and protected under the Madras Ancient Monuments and Archaeological Sites and Remains Act, 1966.
Claiming that the officials had decided to drill a 400-metre deep borewell near the southern corridor, the petitioner said that the location was just 50 metres away from the main structure housing the sanctum sanctorum.
Enquiries revealed that the borewell was being sunk for the Abishekam (pouring holy water on the deity) which, as per the Agama Sastras (religious procedures), has to be done only with water taken from the temple premises.
“We are not questioning such Agamam. If there is any such Agamam, it can be followed by taking water from the Sivagangai Kulam which is also inside the temple premises,” the petitioner’s affidavit read.
His counsel T. Lajapathi Roy claimed that pumping water from the ground might weaken the gigantic main tower of the temple. “A notice board at the entrance states that it is a crime to dig a pit within 200 metres from the temple. But it is surprising to know that now a borewell was being sunk,” he said.
He also contended that neither a serious scientific analysis was undertaken nor any expert body was constituted before giving permission to sink the borewell inside the temple premises.
TN: SC verdict will act as deterrent: victims’ families
Posted by ganesh in Chennai, Court, Death, Departments, Dharmapuri, Health, Information, accident, illegal on August 30th, 2010
Hailing the Supreme Court’s verdict that upheld the death sentence awarded to three AIADMK workers in connection with the 2000 Dharmapuri bus burning case, families of the victims Monday said the ruling would act as a deterrent to violence against innocent people.
“My daughter may not come back today. But the verdict, though delayed, will act as a deterrent against persons trying to resort to such a crime in the future,” K Kasiammal, mother of Hemalatha, one of the three students charred to death in the incident, said here.
She said any mercy petitions by the accused should not be entertained “considering the gravity” of the crime.
“I am happy that the right punishment has been given to the guilty. This is a lesson to others. It would prevent recurrence of such violence,” Kumaraswamy, father of another victim Kokilavani, said at Paramathivelur in Namakkal district.
Stating that attempts were made to derail the case, he thanked all those who deposed as prosecution witnesses resulting in the conviction.
Senior lawyer R Srinivasan, who was the special government pleader in the trial court in Salem, said justice had been served and the apex court judgement would act as a deterrent against violence aimed at innocent people.
“It is due punishment for killing innocent students,” he said.
Kokilavani, Hemalatha and Gayathri, students of the Tamil Nadu Agricultural University, were burnt alive when a mob set their college bus on fire at Ilakkiampatti near Dharmapuri during protests against the conviction of AIADMK leader and former Chief Minister Jayalalithaa in Kodaikanal Pleasant Stay Hotel corruption case.
A Salem court had awarded death penalty to Nedu alias Nedunchezhian, Madhu alias Ravindran and C Muniappan, which was upheld by the Madras High Court in 2007. Twenty-five others were awarded terms ranging from two months to two years terms ranging from two months to two years.
Earlier in the day, a Supreme Court bench comprising Justices G S Singhvi and B S Chauhan confirmed the death sentence awarded by the Madras High Court in 2007.
Another Madras HC judge recuses from Jaya bday gift case
Posted by ganesh in Chennai, Court, Health, Information, Political, government, illegal, lawyer, modification on August 28th, 2010
Another judge of the Madras High Court on Friday recused himself from hearing a petition by AIADMK chief Jayalalithaa seeking to quash the 1996 ‘birthday gift case’ filed by CBI against her.
The recusal by Justice T Mathivanan comes four days after Justice C T Selvam withdrew himself from hearing the petition after Jayalalithaa filed a memo stating that the judge had appeared against her when he was additional public prosecutor for the state government.
The former Tamil Nadu chief minister wanted the petition to be listed before some other judge. She had sought to quash the case citing ‘inordinate and unexplained delay’.
On August 23, when the petition came up for hearing, Justice Selvam directed that it be placed before the Chief Justice for posting before another judge.
Accordingly, the petition was posted before Justice Mathivanan, but he also declined to hear it. The Judge did not state any reason for recusing himself from the case.
According to CBI, on the occasion of her birthday in 1992 Jayalalithaa had accepted 89 demand drafts worth Rs two crore from 57 people drawn on various banks favouring her.
The CBI claimed that two former AIADMK ministers K A Shengottaiyan and Alagu Thirunavukarasu had also presented her with DDs for Rs 22.53 lakh and Rs 22.50 lakh respectively.
Madras HC upholds TN notification
Posted by ganesh in Chennai, Communication, Court, Departments, Health, Information, government, lawyer, programme on August 27th, 2010
The Madras High Court today upheld a Tamil Nadu notification of July one inviting applications for direct recruitment to the post of district judges at the entry level, holding that it did not suffer from any error.
The First Bench of Chief Justice M Y Eqbal and Justice T S Sivagnanam said it had been categorically stated that the obligation of filling vacancies as per the three per cent reservation for disabled persons would be carried out by the appointing authority at the time of appointment.
The court was dismissing a batch of petitions challenging the notification for want of transparency, among other things.
The Bench held that the stand taken by the state government was fully justified in as much as the system of 200 point roster dividing classification granting an equal ratio of 1:1:1 to the disabled category had been followed.
The court rejected a contention by another petitioner that the maximum marks allotted to the written exam and viva voce ’shall not be 75 per cent and 25 per cent respectively.’
It cited a recent Supreme Court judgment which held there was no constitutional infirmity in prescribing a higher percentage of marks for viva voce test for recruitment to services like judicial services and administrative services.
On another contention that no syllabi had been prescribed for the examination, the Judges said “the post of district judge is a coveted one having multiple responsibilities both on the judicial and administrative sides.” Therefore, candidates must have a good knowledge of civil,criminal and other laws and also basic knowledge in general law, they said.
The Bench also dismissed another petition seeking to declare the Tamil Nadu State Judicial Services (Cadre and Recruitment) Rules 2007 as ‘unconstitutional’ and consequently quash the notification.
It referred to another Apex Court decision where it was held that members of subordinate judiciary were not eligible to appear in exams for the post of district judges.
However, in view of the urgency of the matter, the Judges directed the government to notify the date and venue of the written examination within six weeks.
No help to Veerappan’s wife from any quarter bail reject, claimed sister
Posted by ganesh in Court, Health, Information, Other, Public, Salem, government, illegal on August 26th, 2010
Deceased brigand Veerappan’s wife Muthulakshmi, now in a jail in Karnataka, was receiving absolutely no help from any quarter after all her bail applications were rejected, her sister claimed Wednesday.
“All her bail applications have been rejected, but no one has come forward to help her. Human rights forums have promised many things, but are not doing anything,” her elder sister Dhanam said.
Pointing out that five cases were still pending against her, she said Muthulakshmi is very upset at not being allowed to come out to attend the cases in court.
Police and jail authorities have refused permission to anyone to meet her, expect her two daughters and the brigand’s sister, she claimed.
The cases against her include one relating to the murder of Karnataka Divisional forest officer Srinivasan several years ago by the Veerappan gang.
Muthulakshmi’s elder daughter is doing English Liturature course, while the younger one is studying in an engineering college at Chennai. They meet their mother only during the vacations,
Govt agrees to extend pension to Tamil scholar
Posted by ganesh in Court, Health, Information, Other, Public, government, programme, tamilnadu on August 26th, 2010
The Tamil Nadu government has agreed to extend monthly pension to a Tamil scholar, but only after the scholar filed a contempt of court petition in the Madras high court against the director of Tamil development department.
K Kandasamy had participated in the agitation led by renowned Tamil scholar MP Sivagnanam to include towns like Tiruttani and Tirupati in the state of Tamil Nadu. He was arrested along with several others, and was in prison for 45 days.
In January 2007, the Tamil Nadu government issued an order, stating that people who had participated in the language agitation as well as for merger of Tamil areas in the northern border of the state with Tamil Nadu would be eligible for pension.
Kandasamy applied for the pension. Since no jail records were available to confirm his incarceration, he had furnished certificates from a co-prisoner. As there was no reply from the authorities, he filed a writ petition in the high court.
On April 28, 2008, the court directed the authorities to consider Kandasamy’s application on merits and pass appropriate orders. Still the official did not take any action, prompting the scholar to filed a contempt of court petition.
When the matter came up before Justice N Paul Vasanthakumar, the government advocate submitted that the department had issued an order on August 18, awarding the monthly pension of Rs 4,000 along with Rs 15 per month towards medical allowance. The pension will be paid with effect from the date of the court order, that is April 28, 2008, it was submitted.
Recording the submissions, Justice Paul Vasanthakumar said that no further adjudication was required in view of the decision of the department. He also closed the contempt proceedings.
Govt asked to keep BDS seat vacant for Kargil hero’s daughter
Posted by ganesh in Army, Chennai, Court, Departments, Education, Health, Information, hospital on August 24th, 2010
The Madras High Court has directed the Tamil Nadu government to keep one seat vacant in the Bachelor of Dental Surgeons (BDS) course in a self-financing college for the daughter of a Kargil hero.
Justice K B K Vasuki passed the order on a petition by M Lokapriya, daughter of armyman, K Manickam, killed in the Kargil war in 1999.
Lokapriya, hailing from Madurai and represented by her mother R Malliga, in a writ petition had sought a direction to the state Directorate of Medical Education to have her admitted in the first year BDS course in a government college for the academic year 2010-11, under a special reservation.
Claiming admission on a priority basis, she submitted that the government had passed a special order in 1999 recognising the armyman’s service. She did not fall under the category reserved for children of ex-servicemen, she said.
However, the government advocate contested the girl’s claim and submitted that the special reservation fell under the quota meant for ex-servicemen’s children.
Counselling for existing vacancies in government colleges was over on July 31 and all the seats had been filled, the advocate said and contended that as the petitioner did not secure the required cut-off mark, she was not considered under reservation for children of ex-servicemen.
The Judge said in her view the dispute involved was whether the special reservation granted in favour of the petitioner fell within or outside the reservation for children of ex-servicemen and had to be decided in the main petition.
Considering the nature of the petitioner’s claim and circumstances in which the G.O. came to be passed, the court was inclined to give the direction to the Selection Committee, the Judge said.
Meanwhile, counselling for seats for vacancies in self-financing colleges has been fixed for August 23 and 24.
TN Law college students hold demos, advocates boycott courts
For the second successive day, students of various Law colleges in Tamil Nadu today staged demonstrations and advocates boycotted courts in protest against the alleged torture of a Chennai Law College student by police at Tirukazhukundram near Chengalpattu yesterday.
Reports received at the police headquarters here said more than 30 students of Tiruchirapalli Law College staged a road block agitation and burnt an effigy of a policeman to condemn the incident.
In Coimbatore, 30 Law College students staged a sit in agitation inside the campus. A group of students of Chengalpattu Law College also staged a demonstration.
Advocates in Kancheepuram boycotted courts to condemn the alleged police action. About 100 lawyers also staged a demonstration.
Ashok Kumar, a fourth year student of Thirukazhukundram in Kancheepuram district, was travelling in a bus on the night of August 17 when he created a ruckus in an inebriated condition. The passengers handed him over to police. Kumar also attacked the bus crew.
Woman’s abduction: Madras HC ordered suo motu Contempt notice against SP,Inspector
Posted by ganesh in Court, Departments, Health, Information, Madurai, illegal, police on August 19th, 2010
The Madurai Bench of the Madras High Court today ordered suo motu contempt notice against a Superintendent of Police and Inspector for not taking action against three persons who allegedly abducted a 42-year-old woman and robbed jewels weighing 35 sovereigns and cash to the tune of Rs.1.4 lakh.
A Division Bench of Justice K.Suguna and Justice S.Palanivelu directed the registry to issue contempt notice to the Sivaganga District SP and Inspector of Sivaganga town Police station.
The court was admitting a Habeas corpus petition filed by the woman’s husband who alleged that the police did not take steps to trace his wife who was abducted by neighbours.
The notice was ordered as there was no response from the Police to its order to trace the woman.
Simmakkal Vinayagar temple should not be disturbed: Madras High court
Posted by ganesh in Court, Information, Madurai, Temples, government, lawyer on August 19th, 2010
The Madras High Court Bench here has restrained the Highways Department from demolishing the Vazhividum Siddhi Vinayagar Temple at Simmakkal here until a final decision was taken on the issue after considering the explanation to be given by the trustee to the department’s contention that the temple had been constructed on an encroached property.
A Division Bench comprising Justice D. Murugesan and Justice M. Duraiswamy passed the order while disposing of a public interest litigation petition filed by the temple trustee K.S. Kandasamy challenging a notice issued by the Assistant Divisional Engineer of Highways Department on July 28. Through the notice, the petitioner was asked to remove the encroachment.
In his affidavit filed in support of the writ petition, the trustee claimed that the department ought not to have asked him to remove the alleged encroachment straightaway without issuing a show cause notice as required under law.
He wanted the court to quash the notice issued on July 28 besides issuing a direction to the officials not to demolish the temple.
Having regard to the fact that the petitioner was not given any opportunity whatsoever to explain his stand, the Division Bench ordered that the July 28 notice itself could be treated as a show cause notice.
It asked the petitioner to submit his explanation to the notice within a week. On receipt of such an explanation, the Assistant Divisional Engineer was directed to consider it accordance with law.
In the meantime, the temple should not be disturbed; the judges said and added that the officials could proceed with the matter if the petitioner failed to submit his explanation within seven days. The officials had planned to relocate the temple as part of the measure to prune the Simakkal traffic island, which also comprised of a park and a police outpost, for smooth flow of traffic.
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