Chennai Court August 2010 Judgments
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R.Muthukrishnan. Vs. Deputy Director of Fire Service, and anr.
Court: Chennai
Decided on: Aug-26-2010
1.The petitioner after being punished with the punishment of "Severe Warning" for a period of one year by an order dated 01.12.1997, the appellate authority/the 1st respondent issued a show cause notice dated 28.04.2000 calling upon the petitioner to submit his detailed explanation as to why the minor punishment of "Severe Warning" for a period of one year should not be enhanced. The said notice was issued by the appellate authority under Rule 36 (1) (iii) of Tamil Nadu Civil Services (Discipline & Appeal) Rules. The only contention raised by the learned counsel appearing for the petitioner for assailing issuance of show cause notice under Rule 36 (1) (iii) is that the appellate authority has to issue the show cause notice in the exercise of suo motu revisional power within six months from the date of order dated 01.12.1997. Since, the exercise of suo motu power has been invoked after a delay of three years it was contended that the issuance of show cause notice is without any jurisdic...
P. Sivakumar. Vs. Ponnusamy, and anr.
Court: Chennai
Decided on: Aug-26-2010
1. On consent, this writ petition is taken up for final hearing.2.The writ petition is filed against the order of the respondent in his proceedings No.Na.Ka.A-1/10302/2005, dated 13.07.2010 and to quash the same and consequently direct the respondent to reinstate the petitioner in service with all backwages and attendant benefits. 3.The petitioner was working as Village Administrative Officer in Venkatasamuthiram, Ambur Taluk, Vellore District and he was placed under suspension on 04.08.2006 for certain irregularities but the order of suspension was subsequently revoked on 30.04.2007, but the same is followed by departmental enquiry and enquiry was conducted by the enquiry officer who submitted his enquiry report on 17.04.2007. On receipt of the enquiry report, the respondent herein who is the disciplinary authority has passed the final order on 13.07.2010, thereby accepting the finding of the enquiry officer and the petitioner is imposed punishment of suspension for six months. The va...
Mr. Joseph @ Joseph Immanuel Vs. the Commissioner of Police, and anr.
Court: Chennai
Decided on: Aug-26-2010
This petition is brought forth by the detenu himself challenging the order of the first respondent in Memo No.135/BDFGISSV/2010 dated 11.3.2010, whereby he was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.2. The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.3. It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in two adverse cases viz. (i) K.10 Koyambedu Police Station Crime No.191 of 2010 for the offences under Sections 457 and 380 of the Indian Penal Code and (ii) K.10 Koyambedu Police Station Crime No.236 of 2010 for the offences under Sections 457 and 380 of the Indian Penal Code and the ground case in Crime No.273 of 2010 registered by K-10 Koyambedu police station for the offences under Sections 341, 323, 427, 397 and 506(2) of the Indian Penal Code for the incident that h...
Bheerkhan. Vs. State of Tamil Nadu, and anr.
Court: Chennai
Decided on: Aug-26-2010
1.(Order of the Court was made by M. CHOCKALINGAM,J) It is brought to the notice of this Court that the order of detention was passed against the detenu on 29.7.2009, which was to be in force for a period of one year. The said period is already over. In such circumstances, there is no meaning in keeping this petition pending and the habeas corpus petition is disposed of accordingly. ...
R. Kanakambaram. Vs. the Secretary to the Government, and anr.
Court: Chennai
Decided on: Aug-26-2010
1.This petition is brought forth by the father of the detenu challenging the order of the second respondent in C.M.P. No.1/Goonda/2010/M1 dated 2.2.2010 whereby his son viz. Dhanabal was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.2. The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.3. It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in ten adverse cases viz. (i) Velur P.S. Crime No.56/2008 for the offence under Section 379 of the Indian Penal Code; (ii) Velur P.S. Crime No.53/2008 for the offence under Section 379 of the Indian Penal Code; (iii) Velur P.S. Crime No.45/2008 for the offence under Section 379 of the Indian Penal Code; (iv) Velur P.S. Crime No.52/2008 for the offence under Section 379 of the Indian Penal Code; (v) Velur P.S. Crime No.44/2008 for the offence unde...
M/S.B.Anandkumar and Co. Vs. Southern Petrochemicals Industries Corpor ...
Court: Chennai
Decided on: Aug-26-2010
1.The Appellants/Defendants 1 to 3 have preferred this First Appeal A.S.No.702/2002 as against the Judgment and Decree dated 24.02.1998 made in O.S.No.4932 of 1996 on the file of the Learned V Additional Judge, City Civil Court, Chennai.2. The trial Court in the Judgment in O.S.4932/1996 dated 24.02.1998 has among other things held that 'the Defendants 1 to 3 are liable to pay Rs.1,85,701/- to the Plaintiff with 20% interest and also held that the rate of interest claimed by the Plaintiff is correct and resultantly, partly decreed the suit etc.,'. Further, the trial Court has also opined that the Plaintiff is entitled to Rs.1,85,701/- with 20% interest from the date of plaint till the date of decree and to claim further interest at 12% from the date of decree till the date of realisation from the Defendants D1 to D3 with proportionate cost. Moreover, it has held that the Defendants D4 to D7 are liable to the decree amount only to the tune of Rs.24,000/-' and as against the Defendants D...
K. Velayutham. Vs. the State of Tamilnadu, and anr.
Court: Chennai
Decided on: Aug-26-2010
1.This petition is brought forth by the detenu himself challenging the order of the second respondent in B.D.F.G.I.S.S.V. No.76/2009 dated 6.11.2009, whereby he was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.2. The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.3. It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in five adverse cases viz. (i) Puttur Police Station Crime No.139 of 2007 for the offence under Section 379 of the Indian Penal Code; (ii)Uthukottai Police Station Crime No.63 of 2008 for the offence under Section 379 of the Indian Penal Code; (iii) Pichattoor police station Crime No.58 of 2009 for the offence under Section 379 of the Indian Penal Code; (iv) Sathyavedu police station Crime No.55/09 for the offence under Section 379 of the Indian Penal Code; (v) Uthuko...
Pattu W/O.Nagappan. Vs. the Velur Selection Grade Town Panchayat, and ...
Court: Chennai
Decided on: Aug-26-2010
1.The petitioners have come up with the present writ petitions for a mandamus directing the respondents 1 & 2 to forbear from evicting them from their Shops situated in the Bus Stand in Paramathi Velur, Velur Selection Grade Town Panchayat at Paramathi Velur Taluk, Namakkal District.2. In view of the fact that common issue arises in all these writ petitions, a common order is passed in these writ petitions. That apart, since the facts in all these writ petitions are similar, the facts set out in W.P.No.16349 of 2010 is set out here under: (a) The petitioner is a successful bidder in respect of shop No.6 situated in the bus stand of the Velur Selection Grade Town Panchayat for a period from 01.04.2008 to 31.03.2011, subject to the terms and conditions set out therein. In pursuant to the same, the petitioner was carrying on business. The third respondent on assuming office wanted to demolish the bus stand where the shop of the petitioner is situated for erecting a new bus stand although ...
Aruldoss @ BondA. Vs. the State of Tamil Nadu, and anr.
Court: Chennai
Decided on: Aug-26-2010
1. This petition is brought forth by the detenu himself challenging the order of the second respondent in Memo No.498/B.D.F.G.I.S.S.V./2009 dated 3.12.2009, whereby he was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.2. The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.3. It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in one adverse case viz. J-9 Thuraipakkam Police Station Crime No.966 of 2009 for the offence under Section 302 of the Indian Penal Code and one ground case in Crime No.970 of 2009 registered by J-9 Thuraipakkam police station for the offences under Sections 341, 323, 324, 392 read with 397, 336, 427 and 506(2) of the Indian Penal Code for the incident that had taken place on 3.11.2009 and the detenu was arrested on the same day, the Detaining Authority, on scr...
Mr. Muruga @ Thirumurugan Vs. the Commissioner of Police, and anr.
Court: Chennai
Decided on: Aug-26-2010
O R D E R(Order of the Court was made by M. CHOCKALINGAM,J) It is brought to the notice of this Court by the learned counsel appearing for the petitioner that the order under challenge has already been revoked by the Advisory Board in G.O.Rt.No.1721 Home, Prohibition and Excise (XIII) Department dated 13.6.2010. The submission made by the learned counsel for the petitioner is recorded. In view of the same, no further order is necessary and the habeas corpus petition is disposed of accordingly....
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