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Chennai Madurai Court August 2016 Judgments

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Aug 18 2016

M.Y. Rahamathulla Vs. S.A. Amanulla and Others

Court: Chennai Madurai

Decided on: Aug-18-2016

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Decree and Judgment of the learned Subordinate Judge, Nagercoil, in A.S.No.91 of 1988, dated 21.07.1989 on appeal from the judgment and decree of the learned Principal District Munsif, Nagercoil, in O.S.No.753 of 1983, dated 24th August 1987.) 1. The plaintiff, as appellant has come forward with the Second Appeal, challenging Decree and Judgment of the learned Subordinate Judge, Nagercoil, in A.S.No.91 of 1988, dated 21.07.1989 by reversing the judgment and decree of the learned Principal District Munsif, Nagercoil, in O.S.No.753 of 1983, dated 24th August 1987. 2. Heard the learned Counsel for the appellant and the learned Counsel appearing for the respondents. 3. The appellant as plaintiff filed a suit in O.S.No.753 of 1983 for declaration of title and for injunction in respect of the suit property - house by stating that the property was originally owned by one Syed Abubucker, from whom he pur...


Aug 18 2016

P. Chellapandian Vs. The District Collector, Dindigul and Others

Court: Chennai Madurai

Decided on: Aug-18-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to cancel the approval given by the second respondent vide his proceedings in Na.Ka.No.2379/2013-Ma.Ma.4, dated 16.12.2013, through which, Ka.Va.Na.Oo.Thu.E.(Ma.Ma.)No.18/2013 was assigned and further permission in Ka.Vi.No.98/2013-14, dated 20.12.2013, was given by the third respondent to construct a Hospital by the respondents 4 and 5.) Nooty Ramamohana Rao, J. This writ petition is instituted seeking a writ of Mandamus to direct the respondents 1 to 3 herein to cancel the approval given by the second respondent - Deputy Director, Madurai Zonal Town and Country Planning Department, Madurai, to the respondents 4 and 5 allowing them to construct a Hospital/Nursing Home. 2. The petitioner herein has described himself as an Engineer and is carrying on construction work in and around Batlagundu and that he was a licensed building surveyor. In paragraph 3 of ...


Aug 18 2016

Tvl Southa Electrical and Motors rep. By its Proprietor Vs. The Commis ...

Court: Chennai Madurai

Decided on: Aug-18-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF CERTIORARI to call for records pertaining to the impugned proceedings of the 2nd respondent in TIN/33355683420/2015-16 dated 31.05.2016 and quash the same.) 1. Learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition with a liberty to file an appeal before the appellate authority, within two weeks and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the petitioner, granting two weeks time to file an appeal, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also closed....


Aug 18 2016

Petitioner Vs. Respondent

Court: Chennai Madurai

Decided on: Aug-18-2016

M. Venugopal, J. 1. Today, this matter has been listed before this Court, at the instance of the Learned Counsel for the Petitioner. 2. It transpires at paragraph 10 of the order, dated 29.6.2016 in W.P(MD)No.11569 of 2016 passed by this Court, inadvertently, it was mentioned as 'Third Respondent'. The proper Respondent is only the Fourth Respondent/The Tahsildar,Thirumayam, Pudukkottai District. As such, Registry is directed to incorporate the name of the Fourth Respondent at para No.10 instead of Third Respondent,wherever it appears and to issue a fresh order copy to the parties, free of cost....


Aug 18 2016

The Managing Director, Tamil Nadu State Transport Corporation Ltd, (Co ...

Court: Chennai Madurai

Decided on: Aug-18-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondent to pay the retirement benefits with interest to the petitioner in view of the representation dated 05.08.2016.) 1. The petitioner was an employee of the respondent Transport Corporation. Seeking his retirement benefits, he has filed the present Writ Petition. 2. When the matter is taken up for hearing, learned Standing Counsel appearing for the respondent submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A.(MD).Nos.383 to 457 of 2015, dated 12.06.2015. He has further submitted that the respondent would consider the request of the petitioner in the light of the judgment passed by the Honourable Division Bench. 3. For ready reference, the judgment, dated 12.06.2015, passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2015, is extracted hereunder: "The learned Additional Advocate General submits th...


Aug 18 2016

T. Susanth Prathan Vs. The Additional Director General of Police (Pris ...

Court: Chennai Madurai

Decided on: Aug-18-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to transfer the petitioner from the 3rd respondent Central Prison to the 5th respondent Central Prison within the time stipulated by this Court.) In our world prisoners are still laboratories of torture, warehouses in which human commodities are sadistically kept and where spectrums of inmates range from driftwood juveniles to heroic dissenters. - Justice V.R. Krishna Iyer 1. To ensure that such life is not suffered by this prisoner and that a reasonably dignified life is made available to him, a demand has been made that there must be a direction to the respondents to transfer the petitioner from the Central Prison, Madurai (3rd respondent) to the Central Prison, Odisha. 2. The petitioner seeks direction to the respondents to consider the representation dated 25.06.2015, which has been forwarded to the R4 to R6 through the 3rd respondent Brief Fa...


Aug 18 2016

J. Joyce Caroline Vs. The District Elementary Educational Officer, Mad ...

Court: Chennai Madurai

Decided on: Aug-18-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1strespondent to consider the representation dated 10.08.2016 and also petitioner's present seniority at 1stplace in the promotion panel for promotion to the post of B.T. Assistant (English) in Madurai West Panchayat Union as on 01.01.2016 and to promote and post the petitioner as B.T. Assistant in English by upgrading the existing vacancy of Secondary Grade Teacher as per the proceedings in Na.Ka.No.12118/T1/2011 dated 13.09.2011 of the Director of Elementary Education, Chennai.) 1. The petitioner has filed the writ petition seeking for the issuance of a Writ of Mandamus, directing the 1st respondent to consider her representation, dated 10.08.2016, and also her present seniority at 1st place in the promotion panel for promotion to the post of B.T. Assistant (English) in Madurai West Panchayat Union as on 01.01.2016 and to promote and post the petitioner as ...


Aug 18 2016

P. Rengasamy Vs. The District Collector, Dindigul District and Others

Court: Chennai Madurai

Decided on: Aug-18-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the second and third respondents not to conduct survey in Dindigul District, Ottanchathiram Taluk, Kothaiyirumpu Village in S.F.Nos.575, 576, 577 and 768.) 1. The learned counsel for the petitioner has made an endorsement in the typed-set of papers of the Writ Petition to the effect that the writ petitioner may be permitted to withdraw the Writ Petition. 2. Recording the aforesaid fact and the endorsement so made, the Writ Petition is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is dismissed. No costs....


Aug 18 2016

K. Pandiyan Vs. The Managing Director, Tamil Nadu State Transport Corp ...

Court: Chennai Madurai

Decided on: Aug-18-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondent to pay the retirement benefits with interest to the petitioner in view of the representation dated 09.08.2016.) 1. The petitioner was an employee of the respondent Transport Corporation. Seeking his retirement benefits, he has filed the present Writ Petition. 2. When the matter is taken up for hearing, learned Standing Counsel appearing for the respondent submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A.(MD).Nos.383 to 457 of 2015, dated 12.06.2015. He has further submitted that the respondent would consider the request of the petitioner in the light of the judgment passed by the Honourable Division Bench. 3. For ready reference, the judgment, dated 12.06.2015, passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2015, is extracted hereunder: "The learned Additional Advocate General submits th...


Aug 18 2016

A. Anthoni Dass Vs. The Principal Secretary to Government, Co-operativ ...

Court: Chennai Madurai

Decided on: Aug-18-2016

(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 pertaining to the impugned order of the first respondent in G.O.(D).No.51 Co-operation, Food and Consumer Protection Department dated 02.02.2016 and quash the same.) 1. The petitioner herein challenges in G.O.(D).No.51 Co-operation, Food and Consumer Protection Department dated 02.02.2016, whereby, he was imposed with the punishment of stoppage of salary for one year with cumulative effect. 2. The case of the petitioner is that, while he was serving as Sub Registrar /Squad in R.1564, Thiruvarmbur Union, Trichy District, he was appointed as an Enquiry Officer under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 to conduct enquiry over the financial irregularities committed in R.1564, Sri Renganatha Swamy Devasthanam Workers Co-operative Society to the tune of Rs.79 Lakhs. Accordingly, the enquiry was commenced on 10.08.2009. Since th...


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