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Chennai Madurai Court July 2016 Judgments

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Jul 05 2016

R. Alagar Vs. The Secretary to Government, Revenue Department, Chennai ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the first respondent in Letter (Ms)No.674, dated 14.11.2007 and quash the same and to grant all attendant benefits.) 1. This Writ Petition is directed against the order dated 14 November, 2007, on the file of the first respondent, rejecting the appeal filed by the petitioner, without considering the merits of the matter. THE FACTS: 2. The fourth respondent initiated proceedings against the petitioner by issuing a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, on allegation that he gave false assurance to a handicapped person to secure a Government job and took Rs.250/- from him and thereby, misused his official power. The explanation submitted by the petitioner was not found satisfactory. The Enquiry Officer appointed by the fourth respo...


Jul 05 2016

K. Annapoornam Vs. The Secretary to Government, Personnel and Administ ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order of this Court dated 26.10.2015 passed in W.P(MD)No.19170 of 2015.) Nooty Ramamohana Rao, J. This appeal is preferred by the writ petitioner/appellant calling in question the correctness of the judgment and order dated 26.10.2015 passed in the writ petition instituted by her. 2. The writ petitioner/appellant is one of those otherwise talented candidates who could not end up in getting selected to the post of Sub Inspector of Police (Women). The State has taken out an advertisement on 08.02.2015, inviting applications for filling up of as many as 1,078 posts of Sub Inspector of Police. It is not in doubt that 30% of the posts are required to be filled in by women candidates. The selection process comprised of three stages. The first is a written test, followed by the second stage of selection process comprising of Physical Measurement Test/Physical Endurance Test/Physical Efficiency Test. The last and final sta...


Jul 05 2016

The Managing Director, Tamil Nadu State Transport Vs. Tamilarasi and O ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the decree and Judgment passed in MCOP No.79 of 2004, dated 07th day of July 2008, on the file of the Motor Accidents Claims Tribunal, District Judge, Sivagangai.) 1. Aggrieved over the award passed by the Motor Accident Claims Tribunal, District Judge, Sivagangai, passed in MCOP No.79 of 2004 dated 07.10.2008, the present appeal has been filed by the appellant Transport Corporation. 2. The brief facts of the case are that on 03.09.2002 at 9.00 hours, the deceased Pandi was driving Hundai Car bearing Registration No. TN-59-R-2293 with one Subramanian and his family members from Salem and when the Car was proceedings near Moonusavadi big bridge, the bus belonging to the appellant Transport Corporation bearing Registration No. TN-27-N-0927, which was coming from the opposite direction in a rash and negligent manner, dashed against the Car. Immediately, the deceased and other passenger wer...


Jul 05 2016

K. Syed Mohamed Vs. The District Collector, Tuticorin and Others

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd Respondent to dispose the proceedings on the basis of the petitioner's representation dated 02.12.2014 within a time frame fixed by this Hon'ble court.) 1. It comes to be known from the contents of affidavit filed by the writ petitioner that the petitioner ( being power agent) and his principals are the title holders of 1 acre 2 cents of land situate at Mappillaioorani, Tuticorin District, bearing Sy.No.154/3 and they are the descendants of one late Madasamy, S/o.Govindan, he held a patta in his favour bearing No.287. 2. The grievance of the petitioner is that when he verified all the records pertaining to the property in the aforesaid survey number, he observed that the UDR (Updating Registry Scheme) contained the name of a person other than the name of Madasamy and it was wrongfully mentioned as Mariammal. Therefore, he addressed a representation dated 02.12....


Jul 05 2016

The Management, Madura Sugars, Pandiarajapuram, and Others Vs. The Pre ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records in relating to the award passed by the first respondent in I.D.No.33 of 1996 dated 29.04.2009 and to quash the same. Writ Petition filed under Article 226 of the Constitution of India for the issuance of a writ of certiorarified mandamus calling for the records relating to the award of the Labour Court, Madurai in I.D.No.33/1996 dated 29.4.2009 and quash the same in so far as it relates to denial of backwages to the petitioner is concerned consequently directing the 2nd respondent management to pay full backwages to the petitioner.) CommonOrder 1. Since the issue involved in both the Writ Petitions is one and the same, they are are taken up together and disposed of, by this common order. 2. The Writ Petition in W.P.(MD).No.6090 of 2010 has been preferred by the Management of Madurai Sugars, praying for issuance of a Writ of Certiorari to call for ...


Jul 05 2016

G. Sulochana Gopal Vs. The District Collector Theni District and Other ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 09.05.2016 and pass orders on merits within a time frame.) 1. Heard both sides. 2. According to the Petitioner, if the road is laid in her agricultural land bearing Survey Nos.897/1 and 896 at C.Pudupatty, Uthamapalayam Taluk, Theni District (in which she had not gifted any portion to the Government), the said road would run through her agricultural land and it would have huge impact on her agricultural activities. However, if the land which was gifted by the adjacent land owner bearing Survey No.901 with registered Document No.405 dated 21.01.2012 for laying the road is utilized, instead of her present land at Survey Nos.897/1 and 896 situated at C.Pudupatty, Uthamapalayam Taluk, Theni District, it would not hamper her agricultural activity. 3. The stand of the Petitioner is that Section 3(2) of t...


Jul 05 2016

The Managing Director, Tamil Nadu State Transport Corporation Vs. Laks ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the decree and Judgment dated 07.08.2006 and made in MCOP No.171 of 2002, on the file of the Motor Accidents Claims Tribunal, Additional District Judge/ Fast Track Court, Ramanathapuram.) 1. This appeal is directed against the award of the Motor Accident Claims Tribunal, (Additional District Court, Fast Track Court), Ramanathapuram, passed in MCOP No.171 of 2003 dated 07.08.2006. 2. According to the claimants, on 12.03.2002 at 10.30 p.m, the deceased Sakthivel, who was working as Sub-Inspect of Police, was returning from Kottaimedu village as a pillion rider in a two-wheeler bearing Registration No.TN-45-C-9819. When the motorcycle reached at Kundaru bridge, the bus of the appellant Transport Corporation bearing Registration No. TN-63-N-0727 was taken in reverse direction in a rash and negligent manner in order to give way to a bullock cart dashed against the motorcycle. In the impact, ...


Jul 05 2016

M. Ramanathan Vs. The Secretary to Government, Environment and Forest ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the first respondent relating to G.O.(1-D) No.310, Environment and Forest Department, dated 16.10.2009 and quash the same.) 1. This Writ Petition has been filed, challenging the order passed by the first respondent, vide G.O.(1-D) No.310, Environment and Forest Department, dated 16.10.2009, wherein the punishment inflicted on the petitioner has been confirmed, dismissing the revision petition filed against the order passed by the appellate authority, dated 20.08.2008. 2. The brief facts that are necessary for the disposal of this Writ Petition follows as under: 2.1. The petitioner was serving in the Forest Department from 08.04.1974 to 31.10.2009. When he was serving as Forest Ranger at Gandamanur Range, Madurai Forest Division, for the period from 21.10.1997 to 05.05.1998, the petitioner detected the Ganja cultivation at Kamankal area, within his ran...


Jul 05 2016

The Managing Director, Tamil Nadu State Express Transport Vs. The Supe ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the Decree and Judgment dated 24.07.2006 and made in M.C.O.P.No.1814 of 2000, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.II, Tiruchirappalli.) 1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.II, Tiruchirappalli made in M.C.O.P.No.1814 of 2000 dated 24.07.2006. 2. The respondent, Superintendent of Police, Trichy filed MCOP No.1814 of 2000 before the Motor Accident Claims Tribunal, Additional District Judge, (Fast Track Court No.II), Trichy, claiming compensation of Rs.4,54,194/-, on the ground that the Van bearing Registration No. TN-45-G-0458 belonging to the respondent department was proceeding from Thuvarangurichi to Trichy and when the Van was nearing Gurunthakaalapatti village, Vaduthaakulakkarai, a bus bearing Registration No.TN-01-6425 belonging to the appellant Transport...


Jul 04 2016

A. Santhanam Vs. The Executive Engineer, Tamil Nadu Electricity Board, ...

Court: Chennai Madurai

Decided on: Jul-04-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the proceedings in Ka.No.Assistant/Eng/V/Thirukudi/ KO.Kattu/A181/16 dated 27.06.2016 on the file of the third respondent and quash the same.) 1. Mr.A.Santhanam, was directed to pay a sum of Rs.2,78,411/- plus interest Rs.4176/-, totalling a sum of Rs.2,82,587/- by the third respondent for the total consumption of 77591 units being used by the petitioner for his temporary service connection No.079-003-532. Out of which, it is stated that the petitioner has paid for the consumption of 57661 units and for remaining units, the respondents have given seven days from 27.06.2016. Challenging the same the petitioner is before this Court. 2. It is the claim of the petitioner that he applied for free electricity service connection with the respondents for agricultural purpose. The petitioner was informed that as per seniority it would be given....


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