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Chennai Madurai Court September 2016 Judgments

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Sep 29 2016

G. John Joseph Vs. The Chief Educational Officer, Trichy and Others

Court: Chennai Madurai

Decided on: Sep-29-2016

(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 3rd respondent in his proceedings Ref: Decap 02/2012 dated 29.01.2012 and quash the same and direct the 1 to 4 Respondents to promote the Petitioner to the post of PG Assistant (Commerce) in R.C Higher Secondary School Trichy, by conferring all the consequential service benefits to the petitioner.) 1. Learned counsel appearing for the petitioner has circulated a letter dated 27.09.2016 to the Registry seeking withdrawal of this writ petition. 2. Recording the same, this writ petition is dismissed as withdrawn. No costs....


Sep 29 2016

Rajappa Seppalar Vs. Kalyanasundaram

Court: Chennai Madurai

Decided on: Sep-29-2016

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to allow the appeal setting aside the decree and judgment dated 15.06.2010 in A.S.No.71 of 2009 on the file of the learned Principal Subordinate Judge, Kumbakonam confirming the decree and judgment dated 24.07.2009 passed by the learned District Munsif-cum-Judicial Magistrate at Papanasam in O.S.No.78 of 2006.) 1. The unsuccessful plaintiff before the Courts below is the appellant in the above second appeal. The plaintiff / appellant filed a suit in O.S.No.78 of 2006 on the file of the District Munsif-cum-Judicial Magistrate Court, Papanasam, for permanent injunction restraining the defendant and his men from in any way interfering with the plaintiff's peaceful possession and enjoyment of the suit property. The suit property is described as a property measuring an extent of 26 feet East-West and 168 feet North-South situate in Survey No.797/24 (old survey No.347K/2B) in Melatture 1st Sethi Village in Papana...


Sep 29 2016

P. Kumararaja Vs. The Regional Transport Officer, The Regional Transpo ...

Court: Chennai Madurai

Decided on: Sep-29-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondent to return the driving license of the petitioner bearing D.L.No.TN28-19940000246 to him forthwith.)1. This is a writ of Mandamus seeking direction to the respondent to return the driving license of the petitioner bearing D.L.No.TN28-19940000246 to him forthwith. 2. Heard the learned counsel for the petitioner and learned Government Advocate for the respondent. 3. The petitioner was appointed as a driver in the Tamil Nadu State Transport Corporation, Salem, from 08.04.2009. Later on, he was transferred to Namakkal Branch and while functioning as a driver, on 04.08.2014, there was an accident involving the bus belonging to the Transport Corporation. On the same day, First Information Report was registered in Crime No.233 of 2014 on the file of Thottiam Police Station, in which, the petitioner was shown as accused. A case was registered under Sectio...


Sep 29 2016

D. Suresh Kumar Vs. The District Elementary Officer, Virudhunagar Dist ...

Court: Chennai Madurai

Decided on: Sep-29-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to consider the representation of the petitioner dated 3.8.2014 and 25.7.2016 for posting the petitioner as Secondary Grade Teacher in the vacancies available in the Panchayat Union Middle school, Mathia Senai, Sivakasi Union Panchayat Union Middle School at Sengamla Nachiyarpuram and the Panchayat Union Middle School at Pethulupatti as per Clause-3 of promotion proceedings of the 1st respondent in Na.Ka.No. 1985/AA4/2014 1.11.2014.) 1. This writ petition has been filed for the issuance of a writ of mandamus, directing the respondents to consider the representations of the petitioner dated 03.08.2014 and 25.07.2016, requesting to revert him to the post of Secondary Grade Assistant from the promoted post of B.T.Assistant. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate who takes notice for the respo...


Sep 29 2016

The Joint Commissioner/Executive Officer Arulmighu Dhandayuthapani Swa ...

Court: Chennai Madurai

Decided on: Sep-29-2016

(Prayer: Prayer in C.R.P(NPD)(MD)No.1970 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the learned District Munsif , Palani to number the returned petition dated 1.10.2015 in E.A.SR.No.6292 of 2015 in E.P.No.155 of 2002 in O.S.No.465 of 1986, on its file. Prayer in C.R.P(NPD)(MD)No.1971 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the learned District Munsif, Palani to number the returned petition dated 1.10.2015 in E.A.SR.No.6293 of 2015 in E.P.No.80 of 2002 in O.S.No.449 of 2002, on its file. Prayer in C.R.P(NPD)(MD)No.1972 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the learned District Munsif, Palani to number the returned petition dated 1.10.2015 in E.A.SR.No.6295 of 2015 in E.P.No.97 of 2008 in O.S.No.370 of 1998, on its file.) Common Order 1. These Civil Revision Petiti...


Sep 29 2016

Dr.P. Ramar Vs. The State of Tamil Nadu, rep. by its Secretary to Gove ...

Court: Chennai Madurai

Decided on: Sep-29-2016

(Prayers in W.P(MD)No.8676 of 2008 : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order vide G.O(D)No.224, Animal Husbandry, Dairying and Fisheries (AH-1) Department, dated 01.07.2008 passed by the first respondent. W.P(MD)No.8001 of 2010 : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the second respondent to include the petitioner's name in the promotional panel prepared by the Department for 2009 and promote the petitioner placing his name above his immediate junior.) Common Order 1. The writ petition in W.P(MD)No.8676 of 2008 has been filed to challenge the impugned order vide G.O(D)No.224, Animal Husbandry, Dairying and Fisheries (AH-1) Department, dated 01.07.2008 passed by the first respondent. 2. The writ petition in W.P(MD)No.8001 of 2010 has been filed for issuance of a Writ of Mandamus, directing the second respondent ...


Sep 29 2016

M. Devadasan Vs. The Management, M/s. Southern Railways Ltd, Kochadai ...

Court: Chennai Madurai

Decided on: Sep-29-2016

(Prayer: Writ Appeal is filed under Clause 15 of Letters Patent against the order dated 29.10.2011 made in W.P.(MD).No.1577of 2009. Writ Appeal is filed under Clause 15 of Letters Patent against the order dated 19.10.2010 made in W.P.(MD).No.1592of 2009.) Common Judgment: M. Sathyanarayanan, J. 1. Since the issue involved in both the Writ Appeals is similar, by consent, they are taken up together and disposed of, by this common judgment. 2. The appellant herein filed W.P.(MD).No.1577 of 2009 praying for the issuance of a Writ of Certiorari to call for the records relating to the order of the second respondent therein, namely, the Controlling Authority, under the Payment of Gratuity Act, Madurai, to call for the records relating to the order in P.G.Appeal No.34 of 2008 and 49/2008 dated 10.12.2008 and quash the same. Similarly, the appellant had also preferred W.P.(MD).No.1592 of 2009 praying for the issuance of a Writ of Mandamus directing the first respondent to remit the contribution...


Sep 29 2016

V. Ashhokan and Others Vs. The Secretary to Government, Housing and Ur ...

Court: Chennai Madurai

Decided on: Sep-29-2016

(Prayer in WP(MD)No.6199 of 2016:Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records in respect of the impugned orders in letter No.1342/tP/T/r/1/2015-2 dated 15.06.2015, passed by the 1st respondent and quash the same and consequently direct the 5th respondent Society to drop the proposal of constructing multi-storied building with 40 flats in Plot No.400, 401 and 402 of NGGO Colony, Alwar Nagar, after demolishing existing Community Hall situated on the Wellington Road (Keela Kuyil Kudi Road). Prayer in WP(MD)No.12793 of 2016:Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Declaration, to declare the Resolution passed by the Respondent No.6 vide Resolution No.09/2016 dated 26.02.2016 and the Building Plan Approval issued by the Respondent No.6 vide Plan No.17/2016 dated 17.03.2016 for the construction of multi-storied building in Plot No.400, 401...


Sep 28 2016

Sivaprakasam Vs. Rajendran

Court: Chennai Madurai

Decided on: Sep-28-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the fair and decretal order passed in I.A.No.66 of 2015 in O.S.No.185 of 2006, dated 4.12.2005, on the file of the II Additional District Munsif cum-Judicial Magistrate No.I, at Kumbakonam.) 1. This revision is filed against the order passed in I.A.No.66 of 2015 in O.S.No.185 of 2006, dated 4.12.2005, on the file of the II Additional District Munsif-cum-Judicial Magistrate No.I, at Kumbakonam, filed under Order 13 Rule 10 and Section 151 of C.P.C., to send for the original sale deed duly signed by the respondent on 12.10.1995 filed in appeal No.2 of 1996 before the District Registrar, Thanjavur, now at Kumbakonam. 2. The said document was sent for to the Civil Court by a court summons and the said sale deed is necessary for trial. Therefore the Petitioner/Plaintiff prayed to send for the documents. The respondent herein objected for the same on the ground that the said...


Sep 28 2016

R. Srinivasan Vs. The State Transport Appellate Tribunal, Chennai and ...

Court: Chennai Madurai

Decided on: Sep-28-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the 2nd respondent to transfer the bus plying permit in respect of the route Tirunelveli to Karayar standing in the name of Parijathammal to the name of the petitioner in the light of the order passed by the 1st respondent in Appeal No.22 of 2014 dated 24.09.2014.) 1. This petition has been filed, seeking to direct the 2nd respondent to transfer the bus plying permit in respect of the route Tirunelveli to Karayar standing in the name of Parijathammal to the name of the petitioner in the light of the order passed by the 1st respondent in Appeal No.22 of 2014 dated 24.09.2014. 2. Heard the learned counsel on either side. 2.1. The petitioner is the brother's son of the original permit holder Srinivasa Naidu. 3. The case of the petitioner is that the route permit between Tirunelveli to Karaiyar was originally standing in the name of one Srinivasa Naidu and after his d...


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