Chennai Court January 1999 Judgments
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Natarajan Vs. Ramapuram Panchayat Board by Its President Ramapuram Pan ...
Court: Chennai
Decided on: Jan-11-1999
Reported in: 1999(2)CTC141; (1999)IMLJ598
ORDER1. Plaintiff is the appellant. 2. The plaintiff filed the suit for permanent injunction. The plaintiff alleges that the 5 tanks involved in the suit belongs to one T.A. Gopalasamy and Sampathkumar and the plaintiff has taken lease of the right to fish in these tanks and has executed a lease deed on 23.3.1974 in favour of T.A. Gopalasamy for six years and in favour of Sampathkumar on 1.4.1974 for five years and the plaintiff is entitled to have the fishery right in these tanks. The plaintiff further contends that the defendants are attempting to prevent the plaintiff from exercising his right of fishing in the tanks and so the defendants must be restrained by an order of injunction. 3. The defendants contend that the tanks involved in the suit do not belong to Gopalsamy and Sampathkumar and they are Government poromboke tanks lying within the area of Panchayat and only the Panchayat has got right over these tanks and the fishing right is also given in lease by the Panchayat and the...
Association of University Teachers, National College Unit Vs. All Indi ...
Court: Chennai
Decided on: Jan-11-1999
Reported in: AIR1999Mad164
ORDERS.S. Subramani, J.1. Petitioner seeks issuance of writ of certiorarified mandamus, calling for the order of 1st respondent F. No. 732-52-046/ (NDEG)/ ET/97 dated 17-6-1998 in so far as it grants approval for stalling Saranathan College of Engineering at Dindigul Road, Tiruchirappalli-1, i.e. in the premises of the National College, Trichy-1 and to quash the same, and direct the respondents not to grant approval for carving out of the properties of the National College, Trichy-1 to start a self-financing private Engineering College, except by process of law, and pass such further or other orders as this Court may deem fit and proper.2. The writ petition is filed by an Association of University Teachers of the National College Unit represented by its President.3. National College, Tiruchirappalli is a private aided college, and the same is governed by the Tamil Nadu Private Colleges (Regulation) Act, 1976. The National College is governed by the National College Council which is the...
P.S. Manoharan Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jan-11-1999
Reported in: AIR1999Mad208; (1999)IIMLJ141
S.S. Subramani, J.1. Petitioner after completing his B.D.S. Course at Mahatma Gandhi Government Dental College, Pondicherry wanted to join M.D.S. Course in Tamil Nadu Dental College. According to petitioner, his father Paul Surendra is a native of Nagercoil, Kanyakumari District, having born and brought up there. He was also educated in that place, and has been working in the Union Territory of Pondicherry. Therefore, he is a permanent resident of Tamil Nadu.2. In the prospectus to M.D.S. course, one of the requirement was production of permanent residence certificate. Candidates who have studied from 9th standard onwards and have undergone under-graduate course in Tamil Nadu are exempted from producing such certificates. A format is also issued in the prospectus. According to petitioner, since he is eligible to get admitted, he filed application along with a certificate issued by the competent authority that he is a permanent resident of Tamil Nadu. The Tahsildar, Vanur issues a perma...
S. Syed Mohammed Ghouse Vs. the Tamil Nadu Water Supply and Drainage B ...
Court: Chennai
Decided on: Jan-11-1999
Reported in: (1999)1MLJ765
ORDERT. Meenakumari, J.1. The writ petition is for the issue of writ of certiorari to call for the records connected with the proceedings of the second respondent dated 10.4.1991 in proceedings No. 18762/Estt/ A3/88 and quash the same.2. The case of the petitioner is that he was working as Divisional Accountant in the Tamil Nadu Water Supply and Drainage Board. While working in the Rural Water Supply Division, Mayiladuthurai, he was issued with a charge memo by the Managing Director, Tamil Nadu Water Supply and Drainage Board alleging that he connived with the Executive Engineer with an intention to award the work to Thiru N. Balasubramanian and has failed to perform his duties as evidenced from the fact that there are more than 13 irregularities in the acceptance of tenders. The petitioner submitted his explanation denying the charges. The case of the petitioner was that without properly considering his explanation, enquiry was conducted without following the procedure as laid down un...
Bapu Pillai and anr. Vs. Supdt. Engineer, Madurai Electricity System, ...
Court: Chennai
Decided on: Jan-08-1999
Reported in: AIR1999Mad246
K.P. Sivasubramaniam, J. 1. Both the above Second Appeals arise out of the judgment of the learned District Judge of Madurai North at Dindigul, in A. S. No. 196 of 1984 confirming the judgment of the learned Subordinate Judge, Dindigul, in O.S. No. 25 of 1982. The plaintiffs in the suit are the appellants in Second Appeal No. 737 of 1986 and the fourth defendant in the suit is the appellant in S.A. No. 794 of 1993.2. The suit was filed by the plaintiffs for recovery of Rs. 23,000/- towards damages and for costs from the defendants. According to the plaintiffs, the third plaintiff is the owner of the building Door No. 61, West Car Street, Dindigul Town and the first plaintiff was a tenant of the said premises. He was in occupation of the property. The second plaintiff is having his business in a petty shop in another portion of the building. On the north of the said building, defendants 1 to 3/Madurai Electricity System (T.N.E.B.) have erected a transformer of a capacity of 250 K. V. A....
S. Ganapathy Vs. State of Tamil Nadu and anr.
Court: Chennai
Decided on: Jan-08-1999
Reported in: AIR1999Mad252
Shivaraj Patil, Actg. C.J.1. Heard the learned Counsel for the parties. The writ petitioner in W.P. 15863/98 is the appellant before us as the said writ petition was dismissed by the order of the learned single Judge on 24-12-1998. The learned Counsel for the appellant strongly contended that the appellant was not permitted to carry on the quarrying operations in spite of lease granted to him as there were always disturbances. Under the circumstances, the learned single Judge ought to have granted the relief sought for exceeding the period of lease for 3 years to carry on the sand quarry in R.S. No. 135/1 over an extent of 5.00.0 hectares in Kilinjikuppam Part II, Cuddalore.2. The learned single Judge having considered the submissions made by the learned Counsel for the petitioner dismissed the writ petition. In paragraph 5 of the said order of the learned single Judge, it is stated thus :--'5. Before the Bench it was contended on behalf of the petitioner that the lease was not allowed...
M. Jagadeesan Vs. the Manager-legal, Tamil Nadu Small Industries, Deve ...
Court: Chennai
Decided on: Jan-08-1999
Reported in: (1999)2MLJ42
ORDERT. Meenakumari, J.1. The writ petition is for the issue of writ of certiorarified mandamus to call for the records of respondents culminated in proceedings Reference No. 36610/EC-2/88, dated 3.7.1989 and the resolution of the Board in the 109th meeting held on 22.9.1989 communicated by memo Ref.No. 36428/Ec-2/89, dated 8.11.1989 and quash the same and direct the respondents to treat the petitioner to have remained in service from 3.7.1989 and to pay all attenuating benefits accrued in the service.2. The case of the petitioner is that he was selected by the Tamil Nadu Public Service Commission for appointment as Junior Assistant and was allotted to the Directorate of Industries and Commerce. From 2.6.1965, he was working as Junior Assistant. In April, 1970 he was promoted as the Assistant, The Tamil Nadu Small Industries Development Corporation Limited has come into existence on 23.5.1970. The petitioner herein was deputed by the Directorate of Industries and commerce to the aboves...
Abishega Kattalai of Sri Tyiagaraja Sami Devasthanam Represented by It ...
Court: Chennai
Decided on: Jan-08-1999
Reported in: (1999)1MLJ620
A. Subbulakshmy J.1. Plaintiff is the appellant.2. The case of the plaintiff is as follows : The suit property belongs to Abishega Kattalai attached to Sri Thiagarajaswami Devasthanam. It was grant of inam to the plaintiff in Pavadi thope village for the service to the plaintiff temple. The first defendant claims to be a lessee of the site under the devasthanam, under an agreement entered into between him and the then Executive Officer of the temple on 9.11.1959. The document dated 4.6.1967 is not a lease at all. It is only a permission to the predecessors of the first defendant to dig up a tank on a very small extent in the suit land. That document was in continuation of the previous agreement. No coconut trees were planted and the property remains fallow. The first defendant intends to put the remaining space of his private use. There is lease to the first defendant and no lease for building purposes and the defendant has no permanent right over the suit property and he cannot put up...
State of Tamil Nadu, Through the District Collector Vs. Malayalangaram ...
Court: Chennai
Decided on: Jan-08-1999
Reported in: (1999)2MLJ445
V. Bakthavatsalu, J.1. The first defendant is the appellant. The first respondent/plaintiff filed the suit for declaration and injunction.2. The case of the plaintiff is as follows: One Periyanayagi Ammal wife of Muthukaruppa Pillai for herself and on behalf of her adopted son of Sadasivam Pillai executed a mortgage in favour of Nallamuthan Chettiar for Rs. 6,000 under Registered deed dated 9.12.1942. The said Nallamuthan Chettiar assigned the mortgage to Sembayi Achi. She filed the suit in O.S.No. 83 of 1960 and the suit properties were brought to sale as per decree in the said suit. One Kathiresan purchased the properties in court auction in E.P.No. 2.68 of 1962 and sale certificate was issued on 17.11.1962. He took delivery of the properties through court in E.A.No. 1080 of 1962 and delivery was duly recorded on 15.12.1962. Diraviam Pillai purchased the suit properties for Rs. 5,000 from Kathiresan Chettiar under sale deed dated 11.5.1963 and he was also granted patta in his name. T...
K.P. Jeyapaul Asan Vs. Controller of Examinations, Dr. M.G.R. Medical ...
Court: Chennai
Decided on: Jan-07-1999
Reported in: AIR1999Mad387
ORDERS.S. Subramani, J.1. Petitioner seeks issuance of writ of mandamus directing the first respondent to produce before Court answer sheets of petitioner in respect of the subject Homeopathy Pharmacyin the Examinations conducted in October, 1993, April, 1994 and November, 1994 by the first respondent for verification and revalue the same and pass such further or other orders as this Court may deem fit and proper.2. Petitioner got admitted to Bachelor of Homeopathy Medicine Course in Second respondent-College. It is said that during 1989-90, when he was admitted there was no proper coaching; classes were not conducted and examinations were not held though large amounts were collected from students. Several representations were made by students. But action was not taken by the concerned. It is said that petitioner took active part in redressing the grievance of the students, and because of this, second respondent developed hatred towards him, from the very beginning.3. According to peti...
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