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Chennai Court December 2007 Judgments

Dec 20 2007

Doss and Malliga Vs. Vamanan and Gurunathan

Court: Chennai

Decided on: Dec-20-2007

Reported in: (2008)2MLJ156

ORDERM. Venugopal, J.1. The civil revision petitioners/applicants/judgment debtors have filed E.A. No. 123 of 2003 under Order 21, Rule 106 of C.P.C. in E.P. No. 20 of 2003 in O.S. No. 2077/97 on the file of District Munsif Court, Alandur, praying to set aside the exparte order dated 11.09.2003. The civil revision petitioners take a plea before this Court that E.P. No. 20 of 2003 was posted on 11.09.2003 for their appearance and because of the non receipt of any notice/letters, they were not aware of the existence of the aforesaid case and the revision petitioners came to know about the exparte decree passed in O.S. No. 2077 of 200. Only when the Bailiff came to their premises for executing the warrant of eviction and that the first civil revision petitioner is working in a private apartment as Watchman and his wife, being the second civil revision petitioner is working as a maid servant and they used to go to their job early in the morning and return late in the evening and therefore,...

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Dec 20 2007

Anusha Vs. Secretary, Tamil Nadu Public Service Commission

Court: Chennai

Decided on: Dec-20-2007

Reported in: (2008)1MLJ1026

ORDERK. Chandru, J.1. Heard Mr. Selvarangan, learned Counsel appearing for the petitioner and Mr. Arul, learned Counsel representing the respondents and perused the records. 2. The petitioner challenges paragraph 6(A)(1) of the Advertisement No. 120 issued by the Tamil Nadu Public Service Commission [for short, 'TNPSC'] on the ground that it is violative of Articles 14 and 21 of the Constitution of India. The Advertisement No. 120 issued by the respondent TNPSC called for candidates for various posts for Group I Service. In paragraph 6(A)(1) of the Notification, it is stated as follows:6. QUALIFICATIONS:(A) AGE (as on 01.07.2007): (i) MINIMUM AGE LIMIT - Should have completed 21 years (for all candidates) (i.e. Should have been born on or before 01.07.1986)(ii) MAXIMUM AGE LIMIT - Should not have completed- 35 years for Scs, Sts, MBCs/DCs, Bcs and Destitute Widows of all castes.30 years for candidates not belonging to any of the above said categories. 3. According to the petitioner, pr...

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Dec 20 2007

Dr. M. Thirunavukarasu Vs. Indian Psychiatric Society Tribunal Rep. by ...

Court: Chennai

Decided on: Dec-20-2007

Reported in: 2008(2)CTC51

M. Venugopal, J.1. The Original Side Appeal No. 372 of 2007 is filed by the appellant/applicant/plaintiff as against the orders passed by the learned Single Judge in O.A. No. 874 of 2007 in C.S. No. 643 of 2007 dismissing the said application dated 01.11.2007.2. The appellant/plaintiff has filed a suit C.S. No. 643 of 2007 praying for a Judgment and Decree declaring the order of the first respondent/first defendant dated 04.07.2007 setting aside the election of the appellant/plaintiff as the Vice President of the Indian Psychiatric Society as null and void, illegal etc., and for the grant of permanent injunction restraining the respondents/defendants their men, servants and agents or any one acting under them from in any way interfering with the functions of the applicant/plaintiff as the Vice President/President-Elect to the Indian Psychiatric Society for the years 2007-2008.3. The appellant/plaintiff has filed O.A. No. 874 of 2007 in C.S. No. 643 of 2007 praying for an order of injun...

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Dec 20 2007

Accident Victims Association (Regd.) by Its Secretary, C. Lakshmi Nara ...

Court: Chennai

Decided on: Dec-20-2007

Reported in: AIR2008Mad86; (2008)1MLJ968

ORDERP.K. Misra, J.1. The present writ petition has been filed by the Accident Victims Association, a registered Association, represented by its Secretary, who is also a practising Advocate. Originally the writ petition was filed against the State of Tamil Nadu and the Director General of Police as Respondents 1 and 2 with the following prayer:.directing the respondents (1) to implement the provisions of Section 129 of the Motor Vehicles Act, 1988 by enforcing the compliance of the Provisions regarding the compulsory wearing of helmets by two wheeler drivers and pillion riders in the entire State of Tamil Nadu (2) to take criminal action against those not complying with the said provisions of law and the 2nd respondent, Director General of Police, Tamil Nadu be further directed to take appropriate action against the Police Officials and other officials in case they do not implement those provisions meticulously and efficiently.Subsequently, Automobile Association of Southern India, rep...

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Dec 19 2007

S. Sharravvanan and S. Sasikala Vs. the State of Tamil Nadu Rep. by It ...

Court: Chennai

Decided on: Dec-19-2007

Reported in: (2008)3MLJ589

K.K. Sasidharan, J.1. This writ appeal has been preferred by the petitioners in W.P.No.6870 of 1996 having aggrieved by the order of the learned Single Judge dated 30.10.2003 whereby the learned Judge though quashed the order dated 5.6.1996 of the third respondent based on the decision of the Government not to sell the property of the erstwhile Ramanathapuram District Central Co-operative Bank, rejected the prayer made by the petitioners to communicate the acceptance of the tender in their favour.2. W.P. No.39213 of 2003 is preferred against the order dated 14.11.2003 on the file of the Registrar of Co-operative Societies, Chennai whereby the Registrar refused sanction for sale of vacant site and building of the erstwhile Ramanathapuram District Central Co-operative Bank at Madurai in favour of the petitioners.3. Since the writ petition is connected with the issue to be decided in the writ appeal, both the matters are taken up together for disposal.4. The relevant facts for deciding th...

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Dec 19 2007

Haridasan Thambi Vs. the General Manager (Administration) State Expres ...

Court: Chennai

Decided on: Dec-19-2007

Reported in: (2008)5MLJ3

S.J. Mukhopadhaya, J.1. The appellant, who was functioning as Computer Operator in EDP Section, Trichy, having transferred to technical side as Assistant Tradesman, challenged the order No. 17/14888/A4 dated 23rd Feb., 1999 passed by General Manager (Admn.), State Express Transport Corporation Ltd., T.N. Division-I, Madras (hereinafter referred to as 'Corporation'). The writ petition has been dismissed by learned single Judge by common order passed alongwith other writ petitions and, hence, the present appeal.2. It appears that the appellant joined the service on 1st Sept., 1981, as Technical Assistant at Madras in the erstwhile Thiruvalluvar Transport Corporation, Chennai, now known as State Express Transport Corporation, Chennai. In 1989, as it appears, computer operators were required for EDP Section. Though no specific post appears to have been created, the Managing Director, Thiruvalluvar Transport Corporation, Chennai, issued circular No. 1557/A1/T.Trans/89 dated 26th March, 1989...

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Dec 19 2007

A. Amaresan Vs. the Tamil Nadu Industrial Investment Corporation Limit ...

Court: Chennai

Decided on: Dec-19-2007

Reported in: (2008)2MLJ31

K.K. Sasidharan, J.1. The unsuccessful petitioner in W.P.No.14111 of 2004 is the appellant in this writ appeal.2. The factual matrix of the case necessary for the disposal of the writ appeal is as follows.One Arunachala Nadar borrowed a sum of Rs.9.90 lakh in the year 1989 for the purpose of construction of a lodging house in Gummidipoondi Village, Thiruvallur District in the State of Tamilnadu.3. A term loan was sanctioned by the first respondent on 04-04-1999 and the borrower availed the loan to an extent of Rs.8,39,255.30. The lodging house constructed in the property was given as collateral security for due discharge of the loan amount. While so, Arunachala Nadar died in the year 2002. Since the loan amount was not paid in time and as there was an arrears to the tune of Rs.13,07,846/- the first respondent resorted to recovery proceedings and brought the property for sale. Challenging the said order the appellant preferred W.P.No.35771 of 2003 before this Court and the said writ pet...

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Dec 19 2007

S. Gowrishankar (Minor) Rep. by Legal Guardian, Tmt. K. Ranganayagi Vs ...

Court: Chennai

Decided on: Dec-19-2007

Reported in: (2008)1MLJ407

ORDERK. Chandru, J.1. Heard the arguments of Mr. R. Vijayakumar, learned Counsel appearing for the petitioner, Mrs. C.K. Vishnupriya, learned Government Advocate representing the respondents 1 and 2, and Mr. V. Vijay Shankar, learned Counsel for the third respondent and have perused the records.2. The petitioner S. Gowrishankar is a minor represented by his grandmother K. Ranganayagi. The petitioner is the son of Tmt. S. Indira Gandhi, who had joined the service as an Assistant on 11.01.1983 in the office of the District Adi Dravidar Welfare Department at Villupuram. She died in harness in a fire accident on 18.01.1997 after putting in 14 years of service leaving behind her only minor son S. Gowrishankar. At the time of her death, he was 11-1/2 years old. The minor Gowrishankar was born to the petitioner and to one Sathyanathan, who was working in the Revenue Department who was already married and he was born on 11.12.1995. He never lived with his father Sathyanathan and was taken care...

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Dec 19 2007

G. Karunanidhi Vs. the Indian Bank Represented by Its Chairperson and ...

Court: Chennai

Decided on: Dec-19-2007

Reported in: (2008)2MLJ84

ORDERV. Dhanapalan, J.1. The petitioner has filed this writ petition, calling in question, the legality of the order of:(i) the third respondent, the Disciplinary Authority in and by which he has been imposed the major penalty of compulsory retirement, (ii) the second respondent, the Appellate Authority confirming the order of the third respondent, the Disciplinary Authority and (iii) the first respondent, the Reviewing Authority rejecting the Review Application.2. The petitioner's case, in brief, as could be seen from his affidavit, is as under:a. The petitioner joined the services of the respondent bank in the year 1974 and was working as Branch Manager of the Kotturpuram Branch from 08.07.1993 to 31.03.1996. While was working as Branch Manager of the Kotturpuram Branch of Indian Bank in 1994, he was informed over telephone by the then Chairman and Managing Director (CMD) that one C.R. Viswanathan would get in touch with him regarding an International Women's Football Tournament in t...

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Dec 19 2007

B. Shanmugam Vs. Union Bank of India, Nungambakkam Branch

Court: Chennai

Decided on: Dec-19-2007

Reported in: IV(2008)BC104; 2008(2)CTC249; (2008)1MLJ1318

ORDERV. Dhanapalan, J.1. With the consent of the learned Counsel on either side, this writ petition is taken up for final disposal.2. The case of the petitioner in a nutshell, is as under:(i) The respondent Bank extended loan facility to the core of Rs. 3,00,000/- to a partnership firm, namely, 'Adworld', in which the petitioner herein is also a partner. The accounts of their subsequently started partnership firm, namely, 'Karvin Corporation' was also operated with the respondent Bank.(ii) While the outstanding of M/s. Adworld as on 10.10.1997 was arrived at Rs. 20,35,000/-, a sum of Rs. 3,37,660/- was repaid and the remaining due was Rs. 17,83,578/-. Thereafter, the said remaining due was remitted by effecting a total payment of Rs. 17,85,000/- on 17.05.1999 through the sale of a property, which was already mortgaged with the respondent Bank. Even after remitting the balance amount, the respondent Bank arbitrarily adjusted a sum of Rs. 5,00,000/- towards penal interest. (iii) This bei...

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