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Chennai Court June 2010 Judgments

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Jun 23 2010

Ex-rfn M Venkatswamy Versus Union of India Represented by Its Secretar ...

Court: Armed forces Tribunal AFT Regional Bench Chennai

Decided on: Jun-23-2010

(Order of the Tribunal made by Lt Gen (Retd) S Pattabhiraman) 1. The petition before us is of a petitioner seeking disability petition after having been discharged on grounds of Schizophrenic Psychosis (ICD 295) after two years of service. The petitioner petitioned vide Writ Petition No.20480 of 2002 at the Honble High Court of Judicature, Andhra Pradesh at Hyderabad and on transfer to the Armed Forces Tribunal, Regional Bench, Chennai in accordance with the passage of the Armed Forces Tribunal Act, 2007, the same has been re-numbered as TA No.68 of 2009. 2. The short facts in the petition for examination of the case are set out as under: 2(a) The petitioner joined the Indian Army as a Safaiwala on 26.10.1995 in the Jammu Kashmir Rifles. At the time of enrolment into the Army, the petitioner was medically examined and found to have no organic, constitutional or psychological ailment. On joining the Army and on being subjected to rigorous work, the petitioner suffered serious sickness a...


Jun 22 2010

Pushpa Bala Jagam Vs. K. Ananda Kumar,

Court: Chennai

Decided on: Jun-22-2010

G.M. Akbar Ali, J.1. The appeal filed against the order dismissing the suit in TOS No. 40 of 1993. The plaintiff, who filed a petition under Sections 222, 255 and 276 of the Indian Succession Act, 1925 to grant probate, which was converted into testamentary original suit, is the appellant before this Court.2. The appellant claims that she is 2nd wife of one K. Jagam who died on 27.12.1982. The 2nd respondent is the first wife and the respondents 1 and 3 are her children. The appellant has a son named K. Deepak through the said Jegam. According to her, while the said K. Jagam, was taking treatment in the General Ward of the Government General Hospital, Chennai, executed his last Will and Testimony dated 18.12.1982 in the presence of two attesting witnesses, bequeathing the suit property in favour of her son K. Deepak. The appellant attempted to obtain Letter of Probate and since the respondents filed caveat, the original petition was converted into Testamentary Original Suit. The respon...


Jun 22 2010

P. Deivasigamani Vs. Asha Siraj

Court: Chennai

Decided on: Jun-22-2010

ORDERG. Rajasuria, J.1. Inveighing the order dated 5.2.2010 passed in I.A. No. 37 of 2007 in O.S. No. 6 of 2005 by the Additional District Court(Fast Track Court-II), Gobichettipalayam, this civil revision petition is focussed.2. Heard the learned Counsel for the petitioner.3. The learned Counsel for the petitioner, by filing the affidavit of service, would submit that the respondent and her advocate were served in person and despite that there is no response. As such, the learned Counsel prays for orders on merits in this revision.4. I could see considerable force in the submission made by the learned Counsel for the petitioner. Accordingly, the civil revision petition itself is taken up for disposal at this stage itself.5. The warp and woof of the relevant facts, which are absolutely necessary and germane for the disposal of this civil revision petition, would run thus:(i) The respondent herein filed the suit O.S. No. 6 of 2005 seeking the following reliefs:to direct the defendant to...


Jun 22 2010

Dr. G. Viswanathan, Chancellor/Managing Trustee, Vellore Institute of ...

Court: Chennai

Decided on: Jun-22-2010

ORDERK. Chandru, J.1. Heard both sides. The petitioner is the Managing Trustee and Chancellor of Vellore Institute of Technology (VIT). He has come forward to challenge the notice, dated 16.09.2009 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 by the third respondent Tahsildar, Katpadi Taluk. The said writ petition was admitted on 29.09.2009 and an interim stay was granted. On notice from this Court, the second respondent District Collector, Vellore has filed a counter affidavit, dated 12.12.2009. The petitioner has filed a rejoinder, dated 20.12.2009. Original records were also produced.2. It is the case of the petitioner that he is the Founder and Chancellor of the VIT which is deemed to be an university under Section 3 of the University Grants Commission Act. The said institution is established by the North Arcot Educational and Charitable Trust created in the year 1984. It is claimed that the VIT had purchased lands for running their educational institutions....


Jun 22 2010

P. Kathiresan ... Vs. Director of Medical and Rural Health Services, a ...

Court: Chennai

Decided on: Jun-22-2010

1. The petitioner P.Kathiresan, has challenged the impugned order of termination dated 22.11.1999, terminating the service of the petitioner, who was appointed on compassionate ground, without holding any enquiry whatsoever.2. The petitioner was appointed as Junior Assistant, by order dated 25.02.1995, at the Primary Health Centre, Parthibanoor, Ramnad District, on compassionate ground, since the petitioners father late C. Pandian, who was working as a Government servant serving as Driver in Government Hospital, Thiruchuli, Virudhunagar District, expired on 25.02.1994. After the death of the petitioner's father, Tmt. P.Pitchaimani the petitioners mother, in her application, nominated the name of the petitioner, who is the second son of Late C. Pandian, for providing employment to the post of Junior Assistant on compassionate ground. Subsequently, the petitioner's mother P.Pitchaimani, also expired on 02.06.1994.3. In view of the fact that the petitioner's parents had passed away, the p...


Jun 22 2010

The Government of India, Vs. K.Kesavan ... and anr.

Court: Chennai

Decided on: Jun-22-2010

1. Writ Appeal No.2335/2000 arise out of the order in W.P.No.14743/1994 dated 23.3.1999 and Writ Appeal No.2337/2000 arise out of the order in W.P.No.14284/1994 dated 24.3.1999 whereby the learned single Judge directed the Appellant-Government of India to pay Swatantara Sainik Samman Pension (SSS Pension) from 15.08.1972 and 21.10.1980 respectively i.e. from the date of application and also to pay arrears of Swatantara Sainik Samman Pension to the 1st Respondent(s).2. Since the issue involved in these Appeals are one and the same, both the Appeals were taken up together and disposed of by this common Judgment.3. 1st Respondent applied for Freedom Fighters Pension/ Swatantara Sainik Samman Pension under Freedom Fighters Pension scheme. After local verification, State Government found that the claim of 1st Respondent(s) is genuine and by an order dated 23.4.1981 sanctioned Freedom Fighter Pension and 1st Respondent(s) are getting Swatantara Sainik Samman Pension from the State Government...


Jun 22 2010

Minor Vignesh Kanniayaram, Vs. Power Grid Corporation of India Limited ...

Court: Chennai

Decided on: Jun-22-2010

1. Writ Petition is filed to issue a Writ of Certiorarified Mandamus calling for the records of the fourth respondent proceedings in Roc.25311/07/C2, dated 24.3.2010 and quash the same as illegal and consequently forbear the respondents 1 to 3 or their men or agents or subordinates or any one claiming under them from in any manner laying any High Tension Transmission lines or erecting the Towers for the same over the lands of the petitioner in Survey Nos.504, 508, 509, 516 of Karumathampatti Village, Palladam Taluk, Coimbatore District.2. The brief facts of the case are as follows:-(i) The petitioner, a minor, is the owner of the property in question. The mother, acting as a natural guardian, has filed the writ petition on behalf of the minor. The minor owns lands in Survey Nos.504, 508, 509 and 516 of Karumathampatti Village, Palladam Taluk, Coimbatore District. The mother has a number of years of experience of college teacher and proposed to start an educational institution in the la...


Jun 22 2010

K.Nagarajan. Vs. State of Tamil Nadu Rep. by the Secretary to Governme ...

Court: Chennai

Decided on: Jun-22-2010

1. The petitioner, K.Nagarajan, has filed the present writ petition challenging the impugned order passed by the 3rd respondent terminating the services of the petitioner on the ground that the petitioners' younger brother, Suresh, has already been employed.2. The petitioner's father Late. Kumaresan, while serving as Sub Inspector of Police, died on 15.06.1991. Thereafter, the deceased Kumaresan's wife submitted an application, dated 04.07.1991, before the 3rd respondent seeking appointment to the petitioner on the compassionate ground, along with a certificate issued by the Tahsildar, Mr.Agastheeswaran, dated 21.02.1995, wherein the Tahsildar has mentioned that the petitioner's younger brother one Suresh is appointed as Constable in Delhi. The said Tahsildar has also further certified that the family of the petitioner was not getting any help from his younger brother Suresh.3. After the submission of the certificate issued by the Tahsildar, they were also made to appear before Revenue...


Jun 22 2010

Dr.G.Viswanathan, Vs. the State of Tamil Nadu, and ors.

Court: Chennai

Decided on: Jun-22-2010

1. Heard both sides. The petitioner is the Managing Trustee and Chancellor of Vellore Institute of Technology (VIT). He has come forward to challenge the notice, dated 16.09.2009 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 by the third respondent Tahsildar, Katpadi Taluk. The said writ petition was admitted on 29.09.2009 and an interim stay was granted. On notice from this court, the second respondent District Collector, Vellore has filed a counter affidavit, dated 12.12.2009. The petitioner has filed a rejoinder, dated 20.12.2009. Original records were also produced. 2. It is the case of the petitioner that he is the Founder and Chancellor of the VIT which is deemed to be an university under Section 3 of the University Grants Commission Act. The said institution is established by the North Arcot Educational and Charitable Trust created in the year 1984. It is claimed that the VIT had purchased lands for running their educational institutions. The first respond...


Jun 22 2010

M/S.Apeejay Surendra Park Hotels Ltd., Vs. State of Tamil Nadu, and or ...

Court: Chennai

Decided on: Jun-22-2010

1. This writ petition is filed by the petitioner Company seeking for a direction to forbear the respondents from interfering with the petitioner's possession of the property situated at No.601, Anna Salai, Chennai-600 002 and to refrain from taking over any land on the premise that the land was a Open Space Reserved land (OSR land) without following due process of law. 2.Till date the writ petition was not admitted. But, however, an order of status quo was granted on 7.1.2008. The said order came to be extended from time to time vide orders dated 21.1.2008, 28.1.2008, 12.2.2008, 20.2.2008, 5.3.2008, 13.6.2008 and finally on 22.12.2008. On that day, this court posted the matter after Christmas vacation. During the pendency of the writ petition, the petitioner took out an application in M.P.No.2 of 2008 to implead the Chennai Metropolitan Development Corporation (CMDA). The said application was ordered on 7.3.2008. On notice from this court, the second respondent Corporation of Chennai h...


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