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Chennai Court March 2006 Judgments

Mar 31 2006

T.V. Saravanan Vs. Secretary to Government, Home Transport Ii,

Court: Chennai

Decided on: Mar-31-2006

Reported in: (2006)2MLJ803

ORDERP. Sathasivam, J.1. Aggrieved by the proceedings of the Secretary, Tamil Nadu Public Service Commission, Chennai, published in the News Paper 'Dhina Thanthi', dated 07.07.2004, relating to the result of selection to the post of Motor Vehicles Inspector Grade-II and the consequential proceeding of the second respondent - Transport Commissioner, Chepauk, Chennai, dated 01.02.2005, the petitioners have filed the above Writ Petitions to quash the same and issue direction to respondents-2 and 3 to select 38 persons from among the candidates selected for the post of Motor Vehicles Inspector, Grade-II, in the Tamil Nadu Motor Transport Subordinate Service 1999-2000.2. Since the issue raised in all these Writ Petitions is one and the same, viz., questioning the decision of the Government in confining the selection with only 20 persons to the post of Motor Vehicles Inspector Grade-II when advertisement made was for recruitment against 38 vacancies, the Writ Petitions are being disposed of ...

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Mar 31 2006

K.S. Venkatachalam Son of K.S. Sankaralina Konar Vs. the High Court of ...

Court: Chennai

Decided on: Mar-31-2006

Reported in: (2006)2MLJ446

P.K. Misra, J.1. The present writ petition has been filed for issuing a writ of Certiorarified Mandamus to call for the records of the first respondent vide ROC.No.2A/2004 Con.B2 dated 2.11.2004 and consequent order of the 1st respondent dated 4.7.2005 against the petitioner's representation dated 18.6.2005 issued to the petitioner and quash the same and direct the respondents to extend the petitioner's service upto 60 years. 2. The facts giving rise to the present writ petition are required to be noticed in some detail :-The petitioner joined the Subordinate Judicial Services in 1977 and served in different capacities. In course of time, he was promoted to the cadre of District Judge and was posted as Additional District Judge-cum-Chief Judicial Magistrate on 7.11.1995. Thereafter he functioned as the Presiding Officer, I Additional Labour Court, Madras from 9.6.1997 to 11.6.1998 and Presiding Officer, Principal Labour Court, Madras from 20.5.1999 to 20.12.1999. Thereafter, he functio...

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Mar 31 2006

Pon Paramaguru, Director General of Police (Retd.) Vs. State of Tamil ...

Court: Chennai

Decided on: Mar-31-2006

Reported in: 2006(2)CTC241; (2006)3MLJ129

P.K. Misra, J.1. The factual background as culled out from various writ petitions and the counter affidavit is as follows:-Mr. R. Nataraj has been functioning as the Commissioner of Police, Chennai, since 18.9.2004. It seems for publication in Chennai Chronicle - a supplement of the Newspaper Deccan Chroncile on 8.3.2006, which was being observed as International Womens Day, R. Nataraj was contacted by a representative of such newspaper to give his opinion regarding an ideal woman. As per the newspaper report, R. Nataraj has stated:An ideal woman is someone who manages both her personal and professional life well. In this respect, I think our chief minister J. Jayalalitha is the perfect example of the ideal woman.I think she is an icon and every woman should look up to her.Thereafter, publication of such comment in the newspaper appears to have been brought to the notice of the Election Commission. (It is claimed by Mr. A. Raja, a Minister in the Union Government, that it is he who bro...

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Mar 31 2006

National Insurance Company Limited Vs. Govindasamy Represented by His ...

Court: Chennai

Decided on: Mar-31-2006

Reported in: II(2006)ACC788; 2006ACJ2400; 2006(2)CTC563; (2006)2MLJ671

V. Dhanapalan, J.1. National Insurance Company Limited, Villupuram, aggrieved by the judgment and decree dated 28.08.1997 made in MACTOP No. 271 of 1996 on the file of the Motor Accident Claims Tribunal (Sub-Judge), Kallakuruchi, has filed the above Civil Miscellaneous Appeal.2. In respect of grievous injuries sustained in a motor accident that took place on 19.04.1993, the claimant/first respondent herein prayed for a compensation of Rs. 2 lakhs for the injuries assessed as 100% disability. In support of his claim, he himself was examined as P.W.1, one Manian who was the eye-witness to the accident was examined as P.W.2, Dr. Angamuthu, Senior Civil Surgeon, Government Hospital, Cuddalore, was examined as P.W.3 and one Dhanalakshmi, the wife of the injured was examined as P.W.4. In addition, Exs.P.1 to P.12 were marked on the side of the injured claimant. Since the injured Govindasamy is bedridden, his wife has Dhanalakshmi has filed the Claim Petition on his behalf.3. On the side of t...

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Mar 31 2006

K. Venkatesan Vs. State of Tamil Nadu, Represented by Secretary to Gov ...

Court: Chennai

Decided on: Mar-31-2006

Reported in: (2006)2MLJ435

P.K. Misra, J.1. The present writ petition has been filed challenging the order of dismissal dated 7.9.1998 passed by Respondent No. 1 on the basis of the recommendation made by the High Court.2. The petitioner was appointed as a Judicial Magistrate in the year 1980. While he was so working at Usilampatti in the year 1996, certain allegations were levelled against him and a departmental proceeding was initiated. Enquiry was conducted by the Principal District Judge, Madurai. Four charges had been framed. The Enquiry Officer as well as the High Court came to the conclusion that Charge Nos. 1 and 3 had not been proved, but Charge Nos. 2 and 4 had been proved. On the basis of the aforesaid conclusion, which was accepted by the Full Court in its administrative side, recommendation was made to the Government to dismiss the petitioner from service. Such order was passed by the Government on 7.9.1998. Thereafter, the appeal preferred by the petitioner dated 6.10.2001 was rejected on 12.11.200...

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Mar 31 2006

Archana Spinners Ltd. Vs. Board for Industrial and Financial Reconstru ...

Court: Chennai

Decided on: Mar-31-2006

Reported in: [2009]147CompCas387(Mad); [2007]76SCL280(Mad)

ORDERP. Jyothimani, J.1. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents.2. These writ petitions are filed praying for quashing the notice issued by the second respondent namely the Tamil Nadu Industrial Investment Corporation Limited dated 30-6-2005 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and praying for a declaration that i he action of the second and third respondents namely the Tamil Nadu Industrial Investment Corporation Limited, Thirunelveli and the Federal Bank Limited, Tuticorin in resiling from their position after having approved the Draft Rehabilitation Scheme dated 18-1-2005 circulated by the first respondent and consequently to direct the first respondent namely Board for Industrial and Financial Reconstruction (BIFR), New Delhi to sanction the Draft Rehabilitation Scheme (DRS) dated 18-1-2005 respectively.3. The case of the p...

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Mar 31 2006

C.R. Arunkumar Vs. the Director of School Education,

Court: Chennai

Decided on: Mar-31-2006

Reported in: (2006)2MLJ308

ORDERN. Paul Vasanthakumar, J.1. Prayer in the writ petition is to quash the order of the first respondent dated 22.3.2005 rejecting the approval of appointing the petitioner as junior Assistant from 3.7.2001 in the 4th respondent Hindu Higher Secondary School, Karumbur, Vellore District.2. Petitioner is qualified with B.Sc., Mathematics degree and he has also passed English Typewriting higher grade. He registered his name in the Employment Exchange. In the 4th respondent school, one Junior Assistant retired on 31.5.2001 and the management sought permission from the 3rd respondent on 19.5.2001 to fill up the post. The 3rd respondent also granted permission on 4.1.2002. Even prior to this, the School sought a list of candidates from the District Employment Exchange on 22.5.2001. The management also called for applications vide notification in the Notice Board of the School. Petitioner applied for the said post pursuant to the notification made in the notice board and after interview, pe...

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Mar 31 2006

A. Raju Vs. the Assistant General Manager, Regional Ii, State Bank of ...

Court: Chennai

Decided on: Mar-31-2006

Reported in: (2006)2MLJ325

ORDERN. Paul Vasanthakumar, J.1. Prayer in the writ petition is to call for the records of the first respondent in proceedings Nos. DIS/CON/552 dated 8.11.2005 and 30.11.2005 and that of the enquiry report of the second respondent dated 28.11.2005 and quash the same.2. The petitioner was appointed as Head Messenger in the State bank of India and while working in Rasipuram branch, a complaint has been given by the Chief Manager, Rasipuram on 18.5.2005 before the Rasipuram Police Station for the alleged offences under Sections 403, 403, 415, 498(a) and 489 IPC on the ground that during the quality check, it was found that counterfeit notes have been placed in the place of the original notes and there is a misappropriation committed by the petitioner. In this regard, FIR was registered against the petitioner in crime No. 551 of 2005 and a disciplinary proceeding was also initiated by the first respondent on 10.6.2005. Pending disciplinary proceedings, petitioner was kept under suspension ...

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Mar 31 2006

K. Yamiah Vs. the Commissioner, Corporation of Chennai

Court: Chennai

Decided on: Mar-31-2006

Reported in: (2006)IIILLJ273Mad

ORDERN. Paul Vasanthakumar, J.1. In this writ petition, petitioner seeks a direction to the respondent to reinstate him into service with full backwages, continuity of service and all other attendant benefits.2. The brief facts necessary for disposal of the writ petition are as follows.(i) Petitioner was appointed as a Sanitary Worker in the respondent Corporation in the year 1960 and posted at Division No. 58 within Zone No. IV. He was continuously working in the said post. However, from 1.8.2004, petitioner could not report to duty owing to his ill-health and the said fact, according to the petitioner, was intimated to the department with an undertaking to furnish the requisite medical certificate on his returning to duty after his recovery from the illness. (ii) The respondent Corporation initiated a disciplinary proceedings for the said absence and on 7.8.1986, petitioner was terminated from his service. The said order of termination was challenged in I.D.No.668 of 1993 under Secti...

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Mar 31 2006

K. Manipillai, S/O. J. Koilpillai Vs. the High Court of Judicature at ...

Court: Chennai

Decided on: Mar-31-2006

Reported in: (2006)2MLJ681

P.K. Misra, J.1. The present writ petition has been filed for issuing a writ of Certiorarified Mandamus to call for the records of the first respondent vide ROC.No.2A/2004 Con.B2 dated 24.06.2004 issued to the petitioner and quash the same and direct the respondents to retain the petitioner in service upto 60 years. 2. The facts giving rise to the present writ petition are required to be noticed in some detail :-The petitioner joined service as Judicial Magistrate in the year 1980 and served in different places in different capacities and, in course of time, he was promoted as Sub Judge (Civil Judge - Senior Division). While he was functioning as Chief Judicial Magistrate, Ramanathapuram, proceedings dated 24.6.2004, permitting him to retire at the age of superannuation at 58, was served on him. This order is being challenged by the petitioner.3. The main contention raised in the writ petition is to the effect that during his service, there has been never any doubt about his integrity....

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