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Chennai Madurai Court August 2016 Judgments

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Aug 30 2016

S. Nagasubramanian Vs. The Joint Registrar, Co-operative Societies, Ma ...

Court: Chennai Madurai

Decided on: Aug-30-2016

1. Writ Petition(MD)Nos.14737, 13416, 10299 and 9617 to 9621 of 2016 have been filed seeking issuance of a Writ of Mandamus, directing the respective respondents to allow the respective petitioners to work as Salesman, Selection Grade Senior Factory Assistant and Selection Grade Mazdoor respectively, in the respective respondent's Co-operative Society upto the age of 60 years, with all service and monetary benefits. 1.1. Writ Petition(MD)Nos.14790 and 13562 of 2016 have been filed by the petitioners, challenging the impugned orders dated 06.08.2016 and 27.04.2016, passed by the respondents 2 and 4 respectively, relieving the petitioners from service, on the ground that they have attained the age of superannuation of 58 years, to quash the same, with a consequential direction to the respondents to allow them to work as Salesman and Special Senior Mazdoor in the respective respondent's Co-operative Society upto the age of 60 years with all service and monetary benefits. 1.2. Since the is...


Aug 30 2016

T. Radha Vs. The Management of Tamil Nadu State Transport Corporation ...

Court: Chennai Madurai

Decided on: Aug-30-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent to pay the petitioner Rs.1,95,291/- towards Leave Salary together with 18% interest per annum and also interest amount towards the delayed payment of Gratuity amount Rs.3,51,992/- for the period from 01.05.12 to 30.12.13 as per Sec.7(3A) of the Payment of Gratuity Act and further directing the 1st and 2nd respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.1,91,060/- for the period from 01.05.2012 to 29.10.2013 at the rate of 18% interest per annum, within a time frame as may be fixed by this Court.) 1. The petitioner was an employee of the respondents 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 respondents submitted that the issue is covered by a judgment of a...


Aug 29 2016

Nithin Nair Vs. State rep. by The Inspector of Police,

Court: Chennai Madurai

Decided on: Aug-29-2016

(Common Prayer: Criminal Revision Petitions are filed, under Section 397 r/w 401 Cr.P.C., to set aside the dismissal order passed by the learned Chief Judicial Magistrate, Madurai in Cr.M.P.Nos.918 and 924 of 2016 in C.C.Nos.6 and 5 of 2014 respectively dated 06.08.2016.) Common Order: 1. As the issue involved is connected in both the revisions, they are heard together and are being disposed of by this common order. 2. The ACB of CBI, Chennai is prosecuting the petitioner/A1 in C.C.Nos.6 and 5 of 2016 before the learned Chief Judicial Magistrate, Madurai for his alleged commission of certain offences. 3. The case has reached the stage of conducting of further proceedings under Sections 239 240 Cr.P.C. He was on bail. He has executed surety bonds. Subsequently, he vanished into their air. So also his partner in crime/A2. In order to achieve progress in the trial of the case enforcing their attendance, the trial Court issued NBWs as against A1 and A2. As against the petitioner/A1, NBW ha...


Aug 29 2016

Padmanaban and Others Vs. The Executive Magistrate-cum-Deputy Commissi ...

Court: Chennai Madurai

Decided on: Aug-29-2016

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of the 1st respondent vide his proceedings in Na.Ka.No. 361/Ne.Se.na and Kaa.Thu.Aa/Thi.Ma/2016 dated 05.07.2016 and quash the same.) 1. The Tamil Nadu Government, exercising powers conferred by Sub- Section 1 of Section 20 r/w Sub-Section 1 of Section 22 of Cr.P.C., through G.O.Ms.No.181 Home [CTS VIA] Department dated 25.02.2014 appointed the Deputy Commissioner of Police, Trichy to exercise the power under Section 107 to 110 of Cr.P.C. 2. Exercising such powers, the petitioners have been called upon by the 1st respondent by the order dated 05.07.2016 to appear before him. The communication further reads that the 2nd respondent has intimated the 1st respondent that the petitioners are indulging in causing breach of peace and in order to control the same, a case has been registered in Crime No.563 of 2016 dated 01.07.2016 and that the 1st respondent should initiate proceedings under Sect...


Aug 29 2016

V. Manickam Vs. The District Collector/ Inspector of Panchayat, Kokkir ...

Court: Chennai Madurai

Decided on: Aug-29-2016

(Prayer: in W.P.(MD).No.16185/2016:Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the impugned order dated 09.08.2016 made in A6/3810/2014 of proposing to initiate proceedings under 203 of Tamil Nadu Panchayats Act, 1994 by the 1st Respondent and quash the same as illegal and devoid of merits. Prayer in W.P.(MD).No.16186/2016:Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the impugned order dated 09.08.2016 made in A6/3810/2014 of proposing to initiate proceedings under 205 of Tamil Nadu Panchayats Act, 1994 by the 1st Respondent and quash the same as illegal and devoid of merits.) Common Order 1. The writ petitioner, being an elected President of Devanallur Panchayat, Kalakkad Panchayat Union, Tirunelveli District has been issued with the impugned notice by the District Collector, Tirunelveli, being the Inspector of Panchayat vide notice dat...


Aug 29 2016

K. Dhanasekaran Vs. The Joint Registrar of Cooperative Societies and O ...

Court: Chennai Madurai

Decided on: Aug-29-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF CERTIORARIFIED MANDAMUS to call for records of the impugned order passed by the 3rd respondent, dated 30.05.2015, and quash the same and direct the respondents to permit the petitioner to continue in the service as Office Assistant till the petitioner attains the age of 60 years.) 1. The petitioner/Mr.K.Dhanasekaran, who was originally appointed as Packer in the third respondent Co-operative Society registered under the Tamil Nadu Cooperative Societies Act, has been discharging his duty without any complaint whatsoever to the fullest satisfaction of the respondents and also Superior Officers. However, when his date of superannuation is 60 years, the third respondent relieved the petitioner from the service on the ground that he has completed 58 years on 30.05.2015, which is against by-laws of the Co-operative Societies. Although the petitioner raised his objection and also gave a r...


Aug 29 2016

G. Rajkumar Vs. The State of Tamil Nadu, Rep. by its Secretary, Chenna ...

Court: Chennai Madurai

Decided on: Aug-29-2016

(Common Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the impugned order made by the Second Respondent in his proceedings in Na.Ka.No.27420/G2/2015 and Na.Ka.No.27420/G2/2015-2, dated 30.06.2016 and quash the same as illegal respectively.) Common Order W.P.(MD)No.12320 of 2016:- 1. The Petitioner has preferred the instant writ petition seeking to call for the records pertaining to the impugned order passed by the Second Respondent in proceedings in Na.Ka.No.27420/G2/2015, dated 30.06.2016 and to quash the same, as an illegal one. 2. W.P.(MD)No.12321 of 2016:- The Petitioner has focused the instant writ petition praying to call for the records relating to the impugned order made by the Second Respondent in proceedings in Na.Ka.No.27420/G2/2015-2, dated 30.06.2016 and to quash the same, as an illegal one. Petitioner's Contentions:- 3. The Learned Senior Counsel for the Petitioner urges b...


Aug 29 2016

M. Anumohan Vs. The State of Tamil Nadu, Rep. by its Home Secretary, C ...

Court: Chennai Madurai

Decided on: Aug-29-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to provide compensation of Rs.50 Lakhs to the petitioner, within a stipulated period.) Introductory: 1. This case is a classic example as to how certain bad elements with criminal background working in the Tamil Nadu Police Force are foisting cases against innocent people by invoking the provisions of Narcotic Drugs and Psychotropic Substances Act for blackmailing and to extract money and the plight of the common man who is made to suffer on account of such illegal acts of police officers, who are expected to uphold the majesty of law. 2. The respondents 4 and 5 registered a false case against the petitioner and two others under the provisions of the Narcotic Drugs and Psychotropic Substances Act [hereinafter referred to as 'the NDPS Act']. The petitioner was in jail for a period of 229 days, besides one day police custody. The inv...


Aug 29 2016

G. Mariappan Vs. Tamil Nadu State Transport Corporation Tirunelveli Lt ...

Court: Chennai Madurai

Decided on: Aug-29-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to settle the Petitioners retirement benefits including Provident Fund, Gratuity, Leave wages Arrears Amount and Dearness Allowance payable to him along with monthly pension with reasonable rate of interest within the time that may be stipulated by this Court.) 1. The petitioner was an employee of the respondents 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 respondents 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 respondents 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....


Aug 29 2016

Anandanayaki Vs. The District Collector, Thanjavur District and Others

Court: Chennai Madurai

Decided on: Aug-29-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 08.08.2016 to implement the order passed by the Revenue Divisional Officer, Thanjavur in proceedings No.Pa.Mu.2662/A3/(MC)4/2015 dated 28.12.2015.) 1. The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 08.08.2016 to implement the order passed by the Revenue Divisional Officer, Thanjavur in proceedings No.Pa.Mu.2662/A3/(MC)4/2015 dated 28.12.2015. 2. Mr.D.Muruganandam, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal. 3. Heard the learned counsel on either side. 4. The case of the petitioner is that she owns a property in S.No.171/14 to an extent of 11 cents situated in Punnainallur Mariammankovil Village, Thanjavur Di...


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