Chennai Court July 2010 Judgments
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The Mudaliar Educational Trust. Vs. the Director of College Education,
Court: Chennai
Decided on: Jul-10-2010
1. Heard Mr.V.Raghavachari, learned counsel for the petitioner; Mr.G.Shankaran, learned Special Government Pleader (Edn.) for the respondents 1 and 2; Mr.R.Kannan, learned counsel for the third respondent and Mr.V.Bharathidasan, learned counsel for the respondents 4 and 5.2. One Mudaliar Educational Trust is the educational agency that runs four institutions, viz.,i) Erode Arts and Science College, Rangampalayamii) Dr.R.A.N.M. Arts and Science College, Rangampalayam iii) Erode Institution of Technology, Kavindanpadiiv) Kamakshi Amman ITI, Kavindanpadi The said Trust is administered by the Board of Trustees. The Board of Trustees are elected once in three years. An election took place on 24.05.2000 to elect the Trustees in the Board of Trustees and the said election was put to challenge by the respondents 4 and 5 by filing a suit in O.S.No.482 of 2004 before the II Additional District Munsif Court, Erode. The relief sought for in the suit are as follows:- "(a) To declare that the Genera...
G.Achuthan ... Vs. the District Collector, and anr.
Court: Chennai
Decided on: Jul-09-2010
1. On consent the writ petition is taken up for final hearing.2.The writ petition is filed for issuing appropriate direction to the respondents to permit the petitioner to transport the quarried granite, on payment of necessary seigniorage fee, from the granite quarry site measuring 2.00 Acres, comprised in S.Nos.454/1B and 454/2A, situated in Athanavoor Village, Yellagiri Hills, Thirupathur Taluk, Vellore District, till the disposal of the renewal application dated 25.02.2004. 3.The facts that the petitioner was granted lease for quarrying granite in the lands in question for a period of 10 years and the Government of India has during 1999 introduced an uniform policy under Granite Conservation and Development Rules, 1999, as per which the lessee shall be granted minimum period of 20 years and shall be entitled for one renewal for equivalent period and thereafter, the renewal application came to be filed are not denied. Pending renewal applications the lessees right to carry on the gr...
Mr.Sugunapri ... Vs. the District Collector (inspector of Panchayats) ...
Court: Chennai
Decided on: Jul-09-2010
1. By consent, the main writ petition itself is taken up for disposal.2. The prayer in the writ petition is for issuance of a writ of Certiorari to quash the notice issued by the second respondent dated 05.05.2008.3. The petitioner is the elected President of Karunguzhi Panchayat in the election conducted during October 2006. The petitioner has challenged the notice dated 05.05.2008, which has been issued under Section 205(1)(a) of the Tamil Nadu Panchayat Act, 1994(herein after referred to "as the Act"), calling upon the petitioner to show cause as to why action should not be taken on the allegations contained therein.4. The validity of the impugned notice is assailed on the ground that the second respondent does not have jurisdiction to issue the notice as he is not the Inspector of Panchayat and therefore, notice is liable to be setaside. It is further contended that the suo-moto power under Section 205(1)(a) of the Tamil Nadu Panchayat Act, has been invoked inspite of, a compliant ...
R.Vimala ... Vs. the Director of School Education, and ors.
Court: Chennai
Decided on: Jul-09-2010
1. The prayer in the writ petition is for issuance of a writ of Mandamus directing the respondents to approve the petitioner's appointment as Secondary Grade Teacher in the 5th respondent school from the date of her appointment.2. The facts leading to the filing of the writ petition could be briefly stated as follows:-The petitioner is a Tamil Pandit and was appointed as Secondary Grade Teacher in the fifth respondent school on 02.06.1986. The fifth respondent school is an aided minority institution. The fifth respondent school filed two writ petitions before this Court in W.P.No.415/1989 and W.P.No.436/1989. The relief sought for in the W.P.No.415/1989 was to grant aid by way of allotment of teaching and non-teaching staff to the school from the year 1979 onwards and in W.P.No.436/1989, the prayer was for grant of aid by way of allotting teaching staff from the year of recognition namely 1986. By virtue of interim direction granted by this Court in W.P.No.436/1989, the petitioner rece...
A.Shakila Bai ... Vs. the Chief Revenue Controlling Authority Cum - In ...
Court: Chennai
Decided on: Jul-09-2010
This writ petition has been filed challenging the order dated 02.03.2007 of the second respondent and the order dated 23.11.2009 of the first respondent. 2. The second respondent passed an order in S.R.No.114/2004/Ker.I dated Nil.02.2007, which was signed on 02.03.2007, directing the petitioner to pay deficit court fee on the ground that there was under valuation, when he registered the property in Document No.181/04 on 26.02.2004. 3. Aggrieved by the same, the petitioner preferred an appeal on 30.10.2009 under Section 47-A(5) of the Indian Stamp Act. The appeal was dismissed by the first respondent by an order dated 27.09.2007 on the ground that the appeal was not preferred within 60 days from the date of receipt of the order issued by the second respondent. 4. The petitioner filed another application dated 30.10.2009 requesting the first respondent to reconsider their order and that was also rejected by the first respondent by an order dated 23.11.2009.5. The petitioner has filed the...
S.Rajagopalan, and anr. Vs. M/S.SevalayA.
Court: Chennai
Decided on: Jul-09-2010
1. The petitioners herein, who are the accused in case pending in C.C.No.2489 of 2008 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai seek to quash the proceedings. 2.The petitioners herein and four others are facing prosecution for offences under Sections 292(A) r/w. 499 and 500 IPC in such case. The respondent/complainant had preferred a complaint before the lower Court. The complaint in brief is that the complainant viz., M/s.Sevalaya, a registered Charitable Trust under the Trust Act represented by its Managing Trustee V.Muralidharan, is functioning for more than 19 years at Kasuva Village. It serves as home for the poor, destitute and orphans. It also runs a free recognized unaided Higher Secondary School with a strength of about 1000 students. Its work had been lauded and it has been conferred the TCS Educational World Award in the year 2006. The Managing Trustee of the Trust is informed to be a respectable person having high reputation for social activ...
Badrunnissa ... Vs. the Deputy Registrar of Cooperative Societies, and ...
Court: Chennai
Decided on: Jul-09-2010
1. Animadverting upon the order dated 27.4.2009, passed in I.A.No.916 of 2007 in C.O.C.M.A. No.50 of 2002 by the Appellate Tribunal (Cooperative Societies) Principal District & Sessions Judge, Coimbatore, this civil revision petition is focussed. 2. Heard both sides.3. At the hearing the learned counsel for the respondents would make a categorical submission that the respondents intimated to him that the amount so far deposited by the revision petitioner herein was sufficient and the entire dues were discharged in favour of the respondents and that they are ready to return back the documents deposited by the revision petitioner with them and for that they also petitioned their Main Office. Hence, recording the same, I am of the view there is no substance in this revision. Accordingly, this civil revision petition is dismissed. No costs....
G. Kandasamy ... Vs. Tamil Nadu State Transport Corporation (Villupura ...
Court: Chennai
Decided on: Jul-09-2010
1. The prayer in the writ petition is to declare that the order of the first respondent dated 15.5.2000 in discharging the petitioner with effect 14.6.2000 by not protecting the petitioner in his post as illegal, contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995, arbitrary & violative of Article 14, 16, 21 & 300A of the Constitution of India and consequently direct the first respondent to treat the services of the petitioner as continuous one without any break in service and grant all the benefits that the petitioner is entitled to but for medical de-categorisation on 14.6.2000, grant the petitioner all the consequential, monetary and other attendant benefits with effect from the date of medical de-categorisation on par with his junior V.Kaliyamoorthy, Driver, Staff No.1768.2. The case of the petitioner is that the petitioner joined as Driver in the first respondent Transport Corporation on daily wage ...
K.Jaishankar ... Vs. Margaradarasi Chits (P) Ltd.,
Court: Chennai
Decided on: Jul-09-2010
1. Animadverting upon the order dated 11.01.2010 passed in E.P.No.1401 of 2009 in A.R.C.No.1237 of 2008 by the IX Asst. Judge City Civil Court, Chennai, this civil revision petition is focussed.2. Despite printing the name of the learned counsel for the revision petitioner earlier on several occasions, there was no representation. Even though the matter has been listed under the 'Dismissal' caption, yet there is no response. Heard the learned counsel for the respondent who would submit that absolutely there is no merit in this revision.3. The germane facts for the disposal of this revision would run thus:The respondent herein obtained an award in ARC No.1237 of 2008 from the Chit Registrar concerned as against the revision petitioner herein and by way of executing the said Award, E.P.No.1401 of 2009 was filed for the purpose of attaching the immovable property and selling in the process of recovering the award amount. The revision petitioner herein, entered appearance and filed counter...
K.Ramachandran .. Vs. Superintendent of Police,
Court: Chennai
Decided on: Jul-09-2010
1. The appellant herein is the accused in C.C.No.198 of 1997 on the file of the learned Principal Special Judge for CBI Cases, Chennai and he stands convicted for the offences under Sections 409, 420 (19 counts), 477(A) of I.P.C. and Section 13(1)(c) & (d) r/w.13(2) of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.100/-, in default, to undergo rigorous imprisonment for six months for each charge. (Total fine of Rs.2,300/-). Aggrieved by the said conviction and sentence, the appellant has preferred this criminal appeal.2. The case of the prosecution, in brief, is as follows:-During the year 1994, the accused Ramachandran was functioning as a Senior Commercial Clerk in the office of the Chief Booking Supervisor, Southern Railway at Jolarpet. During that relevant period, the paper tickets were prepared in triplicate carbon copy and one copy would be given to the passenger and another copy would be given to the accounts sec...
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