Chennai Madurai Court August 2012 Judgments
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Kasinathan Vs. the District Collector of TuticorIn District and Anothe ...
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, calling for records in Na.Ka.AN6/15470/97 (as referred in 4(1) Notice) and published in District Gazette of Chidambaranar/Tuticorin District dated 31.03.1997 in Survey No.479/2, measuring 0.24.5 Hectare, Pandavarmangalam village, Kovilpatti Union, Tuticorin District and quash the same.) ORDER 1. This writ petition is filed, to quash the Tuticorin District Gazette Notification dated 31.03.1997, issued under Section 4(1) of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act, 1978, shortly, the Act, acquiring the land of the petitioner in S.No.479/2 measuring 0.24.5 Hectare, Pandavarmangalam village, Kovilpatti Union, Tuticorin District. 2. The brief facts as mentioned in the affidavit filed in support of the writ petition are as follows: a) The native place of the petitioner is Karisalkulam village in Vilathikulam Taluk, Tuticorin District. He was ...
Cauvery Neervala Aathara Pathukappau Sangam, Rep. by Its Secretary, Er ...
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer : W.P.(MD)No.4699 of 2012filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the Respondents from carrying the sand quarrying operations along the stretches of rivers, Cauvery and Killidam, which runs through Karur, Trichy, Thanjavur, Nagapattinam and Thiruvarur Districts. W.P.(MD)No.8111 of 2012filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the Respondents from constructing the grvel road in the middle of the Kollidam River in between Thalakkudi Toll Gate to Anbil Village of an extent of 25 kms. W.P.(MD)No.8131 of 2012filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the Respondents from carrying the sand quarry operations along the stretches of river Cauvery, Amaravathy and Bhavani, which runs through Karur District. W.P.(MD)No.8568 of 2012filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent Nos.1 t...
A. Nandagopala Krishnan Vs. Antony
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer: This Civil Revision Petition is filed against the order dated 11.01.2012 made in IA.No.1035/2011 in OS.No.286/2009 by the learned II Additional District Munsif, Tirunelveli.) 1. This Civil Revision Petition is filed by the Plaintiff in OS.NO.286/2009 on the file of the learned II Additional District Munsif, Tirunelveli against the acceptance of the counter claim made by the Defendant by way of Additional Written Statement by order dated 11.01.2012 made in IA.No.1035/2011. 2. This Civil Revision Petition arises out of Os.NO.286/2009, a suit filed by the Petitioner for permanent injunction restraining the Defendant from interfering with his possession and enjoyment of the suit property. The Plaintiff has claimed to have purchased the suit property through a registered sale deed dated 26.12.2008 from the Defendant. 3. The Defendant resisted the claim by contending that the sale deed is a forged one created by the Plaintiff in collusion with one Chandrasekar. It is contended inter...
Nagammal and Others Vs. Kalyana Sundaram Servai 2. M/S. New India Assu ...
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 02.07.2007 passed in MCOP No.1816 of 2005 on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.I), Madurai.) JUDGMENT 1. The claim made in respect of the death of the deceased to the extent of Rs.10,00,000/- was decreed for a sum of Rs.3,63,296/-. Dissatisfied with the award, the legal representatives of the deceased-Veeramani has filed the appeal. 2. The deceased-Veeramani, aged 49 years, employed as Head Constable and earning a sum of Rs.9,000/- per month, died in an accident that took place on 23.02.2005. The Tribunal has awarded the compensation as per the following details:- 1Loss of dependencyRs. 4,32,120/- (The monthly income fixed as Rs.4,155.00 - 1/3rd deducted - Multiplier of 13 adopted)2Loss of love and affectionRs. 20,000/-3Funeral expensesRs. 2,000/-Total....Rs. 4,54,120/-Out of the above amount of Rs.4,54,120/-, the Tribunal has deducted ...
P. Senthamil Prakasam and Others Vs. the Secretary to Government, Most ...
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 29.09.2011, made in M.P.(MD)No.4 of 2011 in W.P.(MD)No.6738 of 2011.) JUDGMENT (Judgment of the Court was delivered by R.BANUMATHI,J) 1. This Writ Appeal is preferred against the order of the learned Single Judge, dated 29.09.2011, made in M.P.(MD)No.4 of 2011 in W.P.(MD)No.6738 of 2011, vacating the interim stay granted on 24.06.2011 in M.P.(MD)No.3 of 2011 in W.P.(MD)No.6738 of 2011. 2. The Writ Appeal is listed today under the caption "for withdrawal", based on the letter, dated 01.08.2012, addressed to the Registry by the learned counsel for the Appellants. When the Writ Appeal was taken-up for hearing, learned counsel appearing for the Appellants submitted that they have instructions to withdraw the Writ Appeal. Learned counsel also made an endorsement to that effect. 3. In view of the submission and the endorsement made, the Writ Appeal is dismissed as withdrawn. No costs. ...
The Superintendent of Police, Dindigul Vs. Elavarasi and Others
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer: Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against the judgement and decree dated 29.12.2004 mad in MCOP No.179 of 2002 on the file of the Motor Accident Claims Tribunal and Additional District Session (Fast Track Court), Dindigul.) JUDGMENT When the hired vehicle is in absolute control of the requisitioning authority and when the driver and other employees work under the direction and control of requisitioning authority and when the registered owner of the vehicle has no control over the use of vehicle, whether vicarious lability in respect of the accident would fall upon the registered owner or upon the requisitioning authority is the issue to be decided. 2. The hirer of the vehicle as the requisitioning authority, who was having control of the vehicle, and using it for election purpose was responsible for the death of a constable who was on election duty. The tribunal directed the requisitioning authority that is Superintendent of Police to pay the com...
M. Abdul Nabi Vs. Canara Bank Gomathipuram Branch, Rep. by Its Manager ...
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in Ref.el.ssr/gomathi/2011, dated 10.02.2012 and the endorsement of the 2nd respondent dated 02.03.2012 made in the application of the petitioner and to quash the same and further direct the respondents herein to sanction the education loan for the petitioner's daughter.) ORDER 1. The petitioner is an Advocate by profession practicing before the District Court, Madurai. He has daughter by name Asha Begum. She is studying first year MBBS course at Annapoorna Medical College and Hospital at Salem affiliated to Dr.M.G.R.Medical University, Chennai and an approved institution under the Medical Council of India. She got admission in the said college under Management quota. To meet the educational expenses of his daughter, the petitioner approached the 1st respondent-Bank in the month of August-2011 to avail of educati...
R. Rangarajan and Another Vs. Secretary to Government Agriculture Depa ...
Court: Chennai Madurai
Decided on: Aug-03-2012
(Prayer: PRAYER IN W.P.(MD)NO.8877 OF 2010 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent herein to promote the petitioner as Chief Engineer, Agricultural Engineering Department taking into account the original date of appointment i.e.5.3.1979 and in the light of the order of the first respondent issued in G.O.Ms.No.176, Agriculture (AA3) Department, dated 27.05.2004, together with all consequential service and monetary benefits. PRAYER in W.P.(MD)No.12515 of 2011 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the first respondent passed in G.O.(Valayam) No.318, Agriculture (Ve.Ni.3) Department, dated 30.09.2011 and quash the same and consequently directing the respondents 1 and 2 to promote the petitioner in the post of Chief Engineer as per the seniori...
K.S. Sahadevaraja Vs. the Commissioner, Rajapalayam Municipality and O ...
Court: Chennai Madurai
Decided on: Aug-02-2012
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, forbearing the respondents from entering upon the land bearing Town Survey No.52 (old) new 110, Malayadipatti in Block No.7 and Ward-H of Rajapalayam Municipality.) ORDER 1. The petitioner has filed this writ petition, seeking for issuance of a Writ of Mandamus, forbearing the respondents from entering upon the land bearing Town Survey No.52 (old) new 110, Malayadipatti in Block No.7 and Ward-H of Rajapalayam Municipality and pass such further or other orders as this Court may deem fit and proper and render justice. 2.The facts leading to the filing of this writ petition are as follows: (a) The property referred to above originally belonged to the father of the petitioner and after his death, the said property was inherited by petitioner and five brothers and they are the joint owners of the said property. (b) The brother of the petitioner Tr.K.S.Bheemaraja applie...
Murugesh @ Murugesan Vs. State by Sub-inspector of Police
Court: Chennai Madurai
Decided on: Aug-02-2012
(Prayer: This Criminal appeal has been preferred under Section 374(2) Cr.P.C. against the judgment of conviction and sentences passed by the learned Additional Sessions judge cum Fast Track Judge, Thanjavur in S.C.No.68 of 2005, dated 19.09.2007) M. Vijayaraghavan, J. 1. The appellant/accused No.1 has filed this Criminal Appeal questioning the legality of the judgment of the learned Additional Sessions Judge cum Fast Track Judge, Thanjavur in S.C.No.68 of 2005, dated 19.09.2007, in and by which the appellant/accused was convicted for the offence under Section 302 I.P.C and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default to undergo two months simple imprisonment. 2. The brief case of the prosecution is as follows: (i) P.W.4-Durai of Ammachathiram knew the deceased Boopalan, who was working at Housing Board Office and on 17.03.2003 at 10.45 hours, he went to the Housing Board Office to see Boopalan to get money for his ailing uncle residing at Swamimala...
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