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Chennai Madurai Court August 2012 Judgments

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Aug 14 2012

S. Kalaivanan Vs. the Registrar of Co-operative Societies Poonthamalli ...

Court: Chennai Madurai

Decided on: Aug-14-2012

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of certiorarified mandamus to call for the records of the respondent leading to his letter in Na.Ka.No.109876/10/Sapa 1 dated 19/4/2011 quash the same and direct the respondent to take on file the revision petition, submitted y the petitioner and consider the petition on merits.) ORDER The petitioner has approached this Court with a prayer for the issuance of a writ in the nature of certiorari to quash the order passed by the Registrar Co-operative Societies in refusing to entertain the revision filed by the petitioner under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983. 2. The petitioner was appointed at A.2253 Madurai Southern Railway Staff Co-operative Stores Ltd., Madurai 16 as a Packer on daily wage basis on 1/3/2000. The services of the petitioner was confirmed as per the settlement entered into under Section 12 (3) of the Industrial Disputes Act, 1947 on 15/3/...


Aug 14 2012

S. Nellai Kannan Vs. the Commissioner, Hindu Religious and Charitable ...

Court: Chennai Madurai

Decided on: Aug-14-2012

(PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to consider the petitioner's petition dated 11.06.2012 to file a suit under Section 59 of the Hindu Religious and Charitable Endowment Act, 1959.) [Prayer amended as per the order of this Court dated 14.08.2012 made in M.P.(MD)No.3 of 2012] ORDER 1. The petitioner in this Writ Petition originally sought for a direction to give permission to him to file a suit uner Section 59 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [hereinafter referred to as the 'Act'], in terms of his petition dated 11.06.2012. 2. It is seen from the records that the petitioner along with one V.P.Ganeshan sent a representation dated 11.06.2012 to the first respondent, the Commissioner of Hindu Religious and Charitable Endowments seeking permission to sue for the removal of the Junior head of Madurai Aatheenam. Subsequently, the petition...


Aug 14 2012

T.M. Rengarajan Vs. the District Collector, Collectorate Trichy Distri ...

Court: Chennai Madurai

Decided on: Aug-14-2012

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of mandamus to direct the first respondent to recover the gratuity amount of Rs.95,146/- together with 10% interest as ordered by the second respondent in his order dated 11/6/2011 in P.G.No.17/2004 along with compound interest at the rate notified by the Central Government from the date of retirement viz., 31/10/2002 from the third respondent within time frame as fixed by this Court.) ORDER The petitioner prays for the issuance of a writ in the nature of mandamus, to direct the first respondent to perform the statutory function under the Land Revenue Act, for recovery of amount due from the third respondent under the certificate issued by the second respondent for effecting the recovery of gratuity amount. 2. The petitioner filed a petition under the Payment of Gratuity Act, 1972 which was allowed by the authority under the Payment of Wages Act on 11/6/2011 and an amount of Rs.95,14...


Aug 14 2012

U. Subramanian(Died) and Others Vs. C. Francis and Others

Court: Chennai Madurai

Decided on: Aug-14-2012

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and decree made in A.S.No.128 of 2000 on the file of the Principal District Judge at Pudukkottai dated 25.02.2002 reversing the well considered judgment and decree made in O.S.No.14 of 1997, dated 31.03.2000 on the file of the Additional District Munsif, Pudukkottai.) JUDGMENT 1. This Second Appeal has been filed by the appellants against the Judgment and decree made in A.S.No.128 of 2000 on the file of the Principal District Judge at Pudukkottai dated 25.02.2002 reversing the well considered judgment and decree made in O.S.No.14 of 1997, dated 31.03.2000 on the file of the Additional District Munsif, Pudukkottai. 2. The learned Counsel for the respondents represented that already the learned Counsel appearing for the appellants made an endorsement as no instructions for the appellants. Therefore, this Court has directed the Registry to issue notice to the appellants for appearance and order...


Aug 14 2012

The TuticorIn Spinning Mill Limited, Rep. by Its Factory Manager, P. S ...

Court: Chennai Madurai

Decided on: Aug-14-2012

(Prayer: Prayer in W.P(MD)No.8550 of 2011: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the demand notice dated 23.7.2011, issued by the respondent for assessment numbers 510412 to 510416, 510464, 510465 and 511366 in respect of the building situated in No.106, Palayamkottai Road(West) Ward No.51, Thoothukudi for the year 2010-11-II and 2011-12-I and quash the same. Prayer in W.P(MD)No.1388 of 2010:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned demand notice issued by the respondent for the assessment numbers 510412 to 510416, 510464, 510465 and 511366 in respect of the building situated in No.106, Palai Main Road(West), Ward No.51, Thoothukudi for the year 2008-2009 and to quash the same. Prayer in W.P(MD)No.2257 of 2011:Writ Petition filed under Article 226 o...


Aug 13 2012

K. Sethu Mani S/O. Kamalakannan Vs. the Managing Director, Tamil Nadu ...

Court: Chennai Madurai

Decided on: Aug-13-2012

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in Tha.A.Po.Ka.Kumba/E2/177/2008 dated 14.08.2008 on the file of the second respondent and quash the same as illegal to the extent it denies the continuity of service and consequently to direct the respondent to provide the continuity of service to the petitioner in the post of Conductor taking into account his previous service from 09.12.1980 to 22.09.2007.) ORDER The dispute raised in this writ petition is, regarding interpretation of rights of the parties under Statutory Settlement entered into under Section 18(1) of the Industrial Disputes Act, 1947. 2. The learned counsel for the petitioner seeks liberty of this Court, to withdraw this writ petition, to take appropriate remedy under the Industrial Disputes Act, by moving the Labour Court. The prayer is allowed, and the writ petition is ordere...


Aug 13 2012

Sri Kasi Viswanathar Educational Trust Through Its Chairman, Tmt. C. V ...

Court: Chennai Madurai

Decided on: Aug-13-2012

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to approve the admission of 98 students as per the list enclosed and to pass appropriate orders for permitting the students to sit for the final examinations to be held by the University during Mary 2012. COMMON ORDER This common order shall dispose of W.P.(MD)Nos.4539, 5102, 6809, 9206 and 6675 of 2012, as common question of law and facts are involved. 2. For the sake of brevity, the facts are taken from W.P.(MD)No.4539 of 2012. 3. The petitioner has approached this Court, with a prayer for issuance of Writ of Mandamus to direct the respondents, to permit the students of the petitioner / Trust, to sit for the final examinations to be held by the University during May 2012. It is not in dispute that under the interim order of this Court, the students of the petitioner had been allowed, to sit in the examinations, subject to the final out come...


Aug 13 2012

Holy Family Church Rep. by Its Secretary, Kanyakumari District Vs. the ...

Court: Chennai Madurai

Decided on: Aug-13-2012

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents 1 to 3 to forbear the respondents 4 and 5 or his subordinates from in any way harassing or interfering into the administration and autonomy of the petitioner church by its executive committee at the instance of the 6th respondent which is the subject mater of the civil dispute in O.S.No.1226 of 2004 pending on the file of the 1st Additional District Munsif Court, Nagercoil in Kanyakumari District.) ORDER 1. This writ petition is filed by the petitioner claiming to be secretary of the Executive Committee of Holy Family Church at Carmel Nagar, Ramanpudur, Nagercoil, seeking for a direction to the respondents 1 to 3 to forbear the respondents 4 and 5 in any way harassing or interfering with the administration and autonomy of the petitioner-church at the instance of the sixth respondent. 2. The grievance of the petitioner is that the petitioner-chu...


Aug 13 2012

K. Poongudi and Others Vs. the Superintendent of Police, Madurai Distr ...

Court: Chennai Madurai

Decided on: Aug-13-2012

(Prayer: Prayer in W.P.(MD).3768 of 2012 :-Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the 2nd and 3rd respondents to consider the representation of the petitioner dated 21.03.2012 in accordance with law and thereby grant permission forthwith to the petitioner for conducting 'Aadaal Padal Show (Mly; ghly; epfH;r;rp) at the evening hours on 29.03.2012 and 30.03.2012, in the light of 'Sri.Muthaalamman Temple North Vaanji Amman Temple Thiruvizha' at Malaipatti Village, Usilampatti Taluk, Madurai District. Prayer in W.P.(MD).11090 of 2012 :-Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to grant permission to conduct Adal Padal Event on 15.08.2012 on the basis of representation given on 07.08.2012. Prayer in W.P.(MD).11125 of 2012 :-Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ o...


Aug 13 2012

Sivakasi Hindu Nadar's Girls School Committee, Rep. by Its Secretary, ...

Court: Chennai Madurai

Decided on: Aug-13-2012

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondent from putting up a row of public toilets in Chairman NPSN Armugam Nadar Road, Sivakasi in the vicinity of petitioner school.) ORDER 1. In this country, there are more cell phones than toilets lamented a Senior Central Government Minister, which was widely reported in the Press, and subsequent to the statement, there has been a great discussion on the question of the level of sanitation in this Country and they need to have toilet system, which is deprived to the majority of the people of this Country. 2. In this context, this Court, vide judgment in R.Tamilarasi v. District Collector reported in 2010(8) MLJ 662, has observed as follows: "Civilised Ancient India: 1. We Indians were inheritors of a great civilisation. We are proud of Mohenjo-Daro and Harappa. Our History texts are replete with the great style of living of our forefathers....


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