Chennai Court April 2004 Judgments
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A.L.O. Gopal Sah, Vs. K.P.M. Musthaffa,
Court: Chennai
Decided on: Apr-23-2004
Reported in: (2004)2MLJ702
ORDERM. Thanikachalam, J.1. The landlords/petitioners in R.C.O.P.No.1212/96 on the file of the VII Judge, Small Causes Court, Chennai, though obtained an order of eviction against the tenants, unable to sustain the same, when the same was challenged before the appellate authority and the result is the dismissal of the application, which is challenged in this revision.2. The revision petitioners are the owners of a non residential premises bearing Door No.262, Purasawalkam High Court, Madras, about 541 sq.ft., comprised in R.S.No.602/2, 603/2 part, new R.S.No.602/3, 602/12. The respondents are in occupation of the same, as tenants, agreeing to pay a monthly rent of Rs.2200/-. The third petitioner is carrying on business in sarees in the name and style of Sanjay Sarees Centre in a rental shop at premises No.21, Iyyah Mudali Street, Chindadripet, Madras-2, on a monthly rent of Rs.550/-. The third petitioner felt it very convenient, to carry on his business, in the rented premises, which i...
V. Jaganathan Vs. the District Collector, Collectorate,
Court: Chennai
Decided on: Apr-23-2004
Reported in: (2004)3MLJ272
P. Sathasivam, J. 1. This writ appeal is directed against the order of the learned Judge dated 22.04.1999 made in W.P.No.15738 of 1990 in and by which, the learned Judge quashed the order of the District Collector, Tiruchirappalli dated 13.08.1990 which was passed with reference to the Community Certificate of the petitioner/appellant herein.2. According to the petitioner-appellant, he belongs to Sholaga (S.T.) Community which is recognised as one of Scheduled Tribe under Tamil Nadu Educational Rules. Though he secured a certificate dated 30.10.1981 from the Headquarters Deputy Tahsildar, Karur to the effect that he belongs to Sholaga Community, after his appointment as Senior Clerk in Southern Railway, the said certificate sought to be verified. It is seen from the order of the first respondent District Collector, Trichy dated 13.08.1990, a discreet enquiry was conducted by the Sub Collector with reference to the claim of the petitioner and after getting information and materials, the...
Lalji Rao and Two ors. Vs. Jayarama Rao @ Jawaharlal Rao and anr.
Court: Chennai
Decided on: Apr-23-2004
Reported in: 2004(3)CTC707; (2004)3MLJ421
ORDERM. Karpagavinayagam, J.1. The appellants are the defendants in the suit filed by the respondents.2. The respondents filed a suit for partition and permanent injunction. Though the relief of partition was refused, the permanent injunction was granted. Challenging the refusal of the partition, the respondents filed an appeal before the lower appellate Court. The said appeal was allowed. Hence, the second appeal filed by the defendants.3. According to the plaintiffs, the suit property originally belonged to one Ambaji Rao. He is the brother of one Sami Rao. Ambaji Rao had no issues. His brother Sami Rao also died. So, Ambaji Rao executed a settlement deed dated 7.10.1950 giving life interest to his wife Mothi Bai and after her life time, his brother's son, viz., first plaintiff Jawaharlal Rao and the father of the defendants, Hemaji Rao. As per the settlement deed, both the sons of Sami Rao have to enjoy the suit property equally without any alienation and after their life time, thei...
Gem Granites (Rep. by Its General Manager, Namasivayam) Vs. Government ...
Court: Chennai
Decided on: Apr-23-2004
Reported in: (2005)ILLJ183Mad
ORDERF.M. Ibrahim Kalifulla, J.1. The petitioner seeks to challenge G. O. (D) No. 975 dated November 29, 2000, in and by which, the first respondent State Government has referred two issues for adjudication before the Industrial Tribunal, Chennai, under Section 10 of the Industrial Disputes Act.2. The issues referred for adjudication are:(i) Whether the transfer of the following eight workmen from the establishment of Gem Granites at Injambakkam, Chennai to its branch situated at Karnataka State, the termination of 23 probationers on and from September 10, 1998 on the ground that they joined the trade union and also the termination of another set of 33 workmen who opposed the above said activities of the management would all amount to ' unfair labour practice' as claimed by the union?Names of the transferred eight workmen1. T. Baskaran2. R. Varadhan3. M. Shankar4. M. Selvaraj5. T.V Shanmugham6. K. Rajendran7. V. K. Prakasam and8. S. JacobNames of the terminated 23 probationers:1. K. Na...
Mrs. Kasturi Gandhi and J. Gopala Krishnan Vs. B. Shanmugaraja and S. ...
Court: Chennai
Decided on: Apr-22-2004
Reported in: (2004)2MLJ677
ORDERS. Sardar Zackria Hussain, J.1. The rvsevision petitioners are the plaintiffs in O.S. No. 124 of 2000 on the file of the Principal District Munsif Court, Sivaganga. The revision is filed against the dismissal of the amendment petition I.A. No. 43 of 2002 filed under Order 6 Rule 17 and Section 151 C.P.C.2. The plaintiffs filed the suit O.S. No. 124 of 2000 for declaration and possession of the plaint 'A' schedule property, for mandatory injunction to demolish the superstructure as described in the 'B' schedule property, for permanent injunction restraining the defendants from draining rain water and sewage nearby WW1, W1, W2, W3 walls of the house of the plaintiffs as described in the 'C' schedule property and for damages of Rs. 2,000/- for the damaged wall. The plaint 'B' schedule property is described thus:-'In Sivaganga District, Sivaganga Town Vallabai Patel Street, the superstructures and tiled building put up by the defendants in the 'A' Schedule property and ad-measuring- f...
R. Nageswaran Vs. S. Jayaraj and ors.
Court: Chennai
Decided on: Apr-22-2004
Reported in: (2004)2MLJ680
ORDERS. Sardar Zackria Hussain, J. 1. The petitioner in E.O.P. No. 62 of 2002 on the file of the Election Court (District Judge), Namakkal, is the revision petitioner. The Civil Revision Petition is directed against the order of dismissal of the petition in respect of the prayer sought for by the petitioner to declare him as the Vice President of Kalianoor Agraharam Village Panchayat in the election held on 31.10.2001 though the election of the first respondent as successful candidate for the said post was set aside in E.O.P. No. 62 of 2002 as per the order dated 08.10.2002. 2. The petitioner filed a petition in E.O.P. No. 62 of 2002 under Rule 122 read with Rule 75 of the Tamil Nadu Panchayats (Election) Rules, 1995 to set aside the election of the first respondent as the winner for the post of Vice President of Kalianoor Agraharam Village Panchayat in the election held on 31.10.2001 and consequently, to declare the petitioner as the Vice President of Kalianoor Agraharam Village Panch...
Ramasamy Pandithar Vs. Ramalinga Kounder
Court: Chennai
Decided on: Apr-22-2004
Reported in: (2004)3MLJ250
ORDERS. Sardar Zackria Hussain, J. 1. The revision petitioner is the plaintiff in O.S.No.47 of 1998 on the file of the District Munsif Court, Villupuram. The revision is filed against the dismissal of the amendment petition I.A.No.304 of 2000 in A.S.No.131 of 1999 on the file of the II Additional Sub Court, Villupuram, to amend the plaint for delivery of vacant possession of the plaint 'B' schedule property and stating that it was trespassed by the defendant after filing of the suit, as per order dated 15.2.2001.2. In the affidavit filed in support of the said amendment petition, the plaintiff has stated that after filing of the suit, the respondent/defendant trespassed into a portion of his property on the South and therefore, recovery of possession is also to be sought for, for which purpose, the plaintiff filed the amendment petition as stated in the petition.3. The amendment petition was opposed in the counter that though the plaintiff was fully aware, even at the stage of trial th...
Jeppiar Engineering College Established by Jeppiar Educational Trust a ...
Court: Chennai
Decided on: Apr-22-2004
Reported in: (2004)3MLJ45
ORDERD. Murugesan, J.1. The issue raised in all these writ petitions is one and the same and, therefore, they are disposed of by this common order. For the disposal of the writ petitions, we refer to the facts relating to W.P. No.2001 of 2004. 2. Before considering the facts of that case, it would be appropriate for us to refer to the provisions relating to the grant of approval by the All India Council for Technical Education, shortly known as AICTE, for the course covered under the provisions of AICTE Act, 1987. In order to ensure co-ordinated development of technical education in accordance with the approved standards and allied objects, the said Act was brought in conferring power on the council established under Section 3 of the said Act. The power to grant approval vests with the council under Section 10 of the Act. Before granting approval, the council insisted the grant of No Objection Certificate (for short 'NOC') from the State Government as per Regulation 8 (4)(e). From para...
The Secretary, Ministry of Railways and the General Manager, Southern ...
Court: Chennai
Decided on: Apr-22-2004
Reported in: 2005CriLJ742
P.K. Misra, J.1. Heard Mr.M. Sekar for the appellants, Mr.C. Vijayakumar for the respondents 1 & 2 and Mr.D. Krishnakumar, Special Govt. Pleader for the respondents 3 to 10.2. The appeal is directed against the order of the learned single Judge in W.P.No.22267 of 1993 directing the appellants to pay a compensation of Rs.1 lakh to the respondent No.1 on account of death of her son in custody.3. The said writ petition was filed by the present respondents 1 & 2 on the allegation that the son of the respondent No.1 was illegally taken into custody by Railway Police and subsequently expired in custody on account of torture. 4. A counter affidavit had been filed on behalf of the present appellants wherein the allegation of torture has been denied. However, in the counter affidavit it had been admitted that the deceased had been apprehended on 1.9.1991 at about 00.30 hours in connection with Cr.Nos.15/91 and 22/91 and had been brought to their Railway Protection Force Station for interrogatio...
The Chief Secretary to the Government of Tamil Nadu, Vs. Mrs. R. Selva ...
Court: Chennai
Decided on: Apr-21-2004
Reported in: (2004)3MLJ295
A.S. Venkatachalamoorthy, J.1. The daughter of the respondent, late Miss.R.Suchithra, joined the Thanjavur Medical College and she was a hosteler at the Ladies Hostel known as 'Cauvery', run by the said College. Late Suchithra was allotted a room and she was in occupation of the same along with another student by name Miss.Nivedita. She was doing her final year in 1990-1991. On the fateful day, that was on 6.11.1990, at about 3 A.M., her room-mate Nivedita went to bathroom, of course, leaving the door open. Some miscreants attacked Nivedita in the bathroom and thereafter, they entered Room No.28, where Suchitra was sleeping. After attacking her, they left, taking away two gold bangles belonging to her and a gold chain, belonging to Nivedita. Suchithra succumbed to the injuries, of course, after a few days, that was on 13.11.1990, while Nivedita and another girl, who sustained injuries, luckily survived. The case was originally investigated by the local police and, thereafter, transferr...
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