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Chennai Court March 2010 Judgments

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Mar 31 2010

Janakiammal Vs. the Secretary to Government, Tamil Development Culture ...

Court: Chennai

Decided on: Mar-31-2010

ORDERN. Paul Vasanthakumar, J.1. The prayer in the writ petition is to issue a writ of mandamus directing the first respondent to sanction Tamil Scholar Pension at the rate of Rs. 2,000/- per month considering the status of the petitioner, who is the widow of Late M. Chidambaram, who participated in the merger of Tamil areas with the State of Tamil Nadu based on the petitioner's representation dated 2.3.2007 with arrears of pension and continue to pay till the petitioner's life time.2. The petitioner is a widow, aged 70 years. The case of the petitioner is that petitioner's husband M. Chidambaram participated in the agitation launched by the late M.P. Sivagnanam and others during 1956, for the cause of merger of Tamil areas with the State of Tamil Nadu in particular for the merger of Tiruthani with the State of Tamil Nadu. Petitioner's husband was imprisoned in Central Prison, Chennai-3 from 24.9.1956 to 1.10.1956 and the jail extract to prove the petitioner's husband's jail suffering ...


Mar 31 2010

Tamil Nadu State Transport Corporation Rep. by Its Managing Director, ...

Court: Chennai

Decided on: Mar-31-2010

C.S. Karnan, J.1. The above Civil Miscellaneous Appeal has been filed by the appellant/respondent against the Award and Decree, dated 10.01.2003, made in M.C.O.P. No. 1414 of 2001, on the file of the Motor Accident Claims Tribunal, Additional District Court-cum-Fast Track Court No. II, Salem, awarding a compensation of Rs. 2,33,400/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.2. Aggrieved by the said Award and Decree, the appellant/respondent, The Managing Director, The Tamil Nadu State Transport Corporation Ltd., Salem Division, Salem, has filed the above appeal praying to set aside the award and decree passed by the Tribunal.3. The short facts of the case are as follows:The deceased was occupied in weaving his own handloom, producing dhoties and sarees. As such, he was earning a sum of Rs. 3,500/- per month. The petitioners submits that on 04.10.2000, at 09.00 p.m. when the deceased Jambulingam was ...


Mar 31 2010

Coimbatore Super Alloys Pvt. Ltd. Rep. by Its Managing Director Mr. S. ...

Court: Chennai

Decided on: Mar-31-2010

ORDERK. Chandru, J.1. In the first writ petition (W.P. No. 16438 of 2009), the petitioner is a private limited company seeking to challenge the order of the second respondent/Panchayat dated 10.6.2009 and the consequential reply dated 29.6.2009. Notice was ordered on 17.8.2009 and pending the notice, interim stay was granted.2. Subsequently, the other three writ petitions (W.P. Nos. 17098 to 17100 of 2009) are filed by three different managements and those writ petitions challenge the order of the third respondent/Panchayat dated 10.6.2009 and seek for a consequential direction to the respondents to forbear from interfering with the Wind Energy Generators in the petitioners premises. When the matter came up on 24.8.2009, this Court directed private notice to be issued to the respondents and pending that interim stay was also granted.3. By the impugned notice dated 10.6.2009, the Panchayat has informed the petitioners that they have violated the Tamil Nadu Panchayats Act, 1994 (for brev...


Mar 31 2010

N. Raman and ors. Vs. N. Pachayammal

Court: Chennai

Decided on: Mar-31-2010

ORDERC.T. Selvam, J.1. The petitioners, who are the accused in C.C. No. 51 of 2006, on the file of the learned Judicial Magistrate, Tiruttani, for offence under Sections 499, 503 and 504 I.P.C. seek to quash the case against them.2. In the said case, the fourth petitioner S. Latha, wife of one Sekar as also the other petitioners, who are the father and brothers of the fourth petitioner are said to have caused a commotion at the residential place of the complainant stating the husband of the fourth petitioner entered into a bigamous marriage with the respondent/complainant. The complaint also informed that at the hands of the petitioners, the complainant has suffered severe damage marring the prospects of her marriage.3. The petitioners inform that two mentally retarded children were born to the fourth petitioner and her husband Sekar and the said Sekar had entered into a bigamous marriage with the respondent/complainant. The fourth petitioner had moved divorce petition before the Sub-C...


Mar 30 2010

Branch Manager National Insurance Co. Ltd. Vs. Sumathi and ors.

Court: Chennai

Decided on: Mar-30-2010

C.S. Karnan, J.1. The above Civil Miscellaneous Appeal has been filed by the appellant/respondent against the Award and Decree, dated 21.04.2003, made in M.C.O.P. No. 825 of 2001, on the file of the Motor Accident Claims Tribunal, Principal District Court, Nagapattinam, awarding a compensation of Rs. 3,94,120/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.2. Aggrieved by the said Award and Decree, the appellant/respondent has filed the above appeal praying to set aside the award and decree passed by the Tribunal.3. The short facts of the case are as follows:The deceased Balakrishnan, aged about 35 years was employed as a driver of the second respondent's lorry and was working under the employment of the second respondent. On 03.08.2001, at about 03.45 a.m. in the morning, when the (deceased) Balakrishnan was driving the second respondent's lorry bearing registration No. TN51 Z9799 on the extreme left si...


Mar 30 2010

The Tamil Nadu Public Service Commission Rep. by Its Secretary, Omanth ...

Court: Chennai

Decided on: Mar-30-2010

ORDERK. Chandru, J.1. In all the six writ petitions, the petitioner is the Tamil Nadu Public Service Commission (for short TNPSC) represented by its Secretary. The challenge made in these writ petitions are the orders passed by the first respondent Tamil Nadu Information Commission represented by its Registrar.2. The contesting second respondents had sought for certain information from the petitioner TNPSC. When the same was not forthcoming, they approached the Information Commissioner and the Commission, after notice to the TNPSC, granted directions to the TNPSC to divulge information sought for by the contesting respondents.3. In these writ petitions, notice was ordered to the respondents. Pending notice, an interim stay was granted. The following table will show the number of writ petitions, name of information seeker/contesting respondent and whether any interim order granted and the date of the interim order:Sl. W.P. No. Name of information Interim order granted and dateNo. seeker...


Mar 30 2010

M.E.S. Builders' Association of India, Wellington Branch rep. by Its S ...

Court: Chennai

Decided on: Mar-30-2010

ORDERK. Chandru, J.1. This writ petition is filed by M.E.S. Builders' Association of India represented by its Secretary. It is claimed that the said Association is a registered association. Its parent body is having its registered office at New Delhi. The petitioner being the branch consisting of 46 members comprising of various builders undertaking contract work to Military Engineering Service. They have come forward to challenge the order of the fourth respondent Controller of Defence Accounts, dated 12.3.2010 as illegal and ultra vires to the Constitution of India.2. By virtue of the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996) and more particularly under Section 18 of the said Act, the State Governments should constitute a Board known as Building and Other Construction Workers' Welfare Board, which board shall be a body corporation having perpetual succession and a common seal. The said Board as per...


Mar 30 2010

S. Ashok Kumar Vs. Metropolitan Transport Corporation Rep. by Its Mana ...

Court: Chennai

Decided on: Mar-30-2010

ORDERN. Paul Vasanthakumar, J.1. The prayer in the writ petition is to issue a writ of certiorarified mandamus calling for the records relating to the impugned order No. Ku. No. 3210/ES(A)2/MTC1/2000 dated 4.9.2000 passed by the respondent Corporation and quash the same and direct the respondent to reinstate the petitioner with continuity of service in equivalent post carrying the same emoluments from the date of his reinstatement i.e., from 27.1.1994.2. The petitioner is aggrieved by the impugned order dated 4.9.2000 of the respondent Corporation appointing him in service as fresh entrant in the post of Junior Helper, which according to the petitioner is in violation of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.3. The petitioner was initially employed as Conductor in the erstwhile Pallavan Transport Corporation, presently Metropolitan Transport Corporation, from 28.11.1983. It is the case of the petitioner ...


Mar 30 2010

The Tamil Nadu Industrial Cooperative Bank Ltd., Mr. S. Parameswaran V ...

Court: Chennai

Decided on: Mar-30-2010

ORDERT. Raja, J.1. The present writ petition is directed against the order passed by the 2nd respondent, the Assistant Commissioner of Labour, in its proceedings in P.S.A. No. 18 of 2003, dated 11.12.2003.2. The 1st respondent, D. Ramesh Babu, while working as a typist, was entrusted with the work of Cashier, in the petitioner's bank at Vellore Branch. Due to certain irregularities committed by the 1st respondent, he was placed under suspension and charges were framed against him for conducting departmental enquiry. The charges framed against the 1st respondent are as follows:(a) That he has cheated the bank by colluding with the Jewel appraiser to sanction jewel loan taking worthless/gilted/spurious jewels as securities for such loans and caused loss to the bank.(b) That he has failed to discharge his statutory duties and indulged in activities detrimental to the growth and development of the Bank.(c) That he has caused breach of trust by encouraging and issue of dubious loans against...


Mar 30 2010

Vijayalakshmi Ravikumar and Vs. the Principal Revenue Control Authorit ...

Court: Chennai

Decided on: Mar-30-2010

ORDERT. Raja, J.1. The present writ petition has been filed by Vijayalakshmi Ravikumar and Rakesh babu seeking to issue a writ of certiorarified mandamus to call for the entire records of the second respondent, the District Registrar (Administration), South Chennai, in the proceedings Appeal No. 1 of 2005 including the order dated 21.02.2005, confirming the order of the third respondent dated 25.09.2004 made in proceeding bearing reference Regn. II-3-106 Books -29-9-80-G.B.P.PDKT and quash the order dated 24.9.2004 and 21.02.2005 and further direct the respondents to register the decree of this Hon'ble Court made in the partition suit C.S. No. 579 of 1998 dated 22.11.2001, which was confirmed by the Judgment and decree dated 22.08.2003 in terms of the memorandum of compromise.2. The property bearing plot No. 2AL, First Cross Street, Sastri Nagar, Chennai 600 020 compromised in T.S. No. 33, Block No. 30 of an extent of 15 grounds and 2138 Sq.feet, which is the subject matter of the appe...


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