Chennai Court September 2010 Judgments
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M.Palanisamy .Vs. Sri Lakshmi Financiers, and anr.
Court: Chennai
Decided on: Sep-02-2010
1. The Revision Petitioner/Judgment Debtor/Defendant has filed this Civil Revision Petitioner as against the order dated 13.10.2008 in E.A.No.54 of 2008 in E.P.No.214 of 1994 in O.S.No.344 of 1990 passed by the Learned Subordinate Judge, Tiruppur.2. The Executing Court viz., the Learned Subordinate Judge, Tiruppur in the order dated 13.10.2008 in E.A.No.54 of 2008 in E.P.No.214 of 1994 in O.S.No.344 of 1990 has among other things observed that 'E.A.No.472 of 1996 filed by the Revision Petitioner/Petitioner has been dismissed and later, to set aside the order passed in E.A.No.472 of 1996, E.A.No.126 of 2004 has been filed and the same has been dismissed and later, the Appeal preferred before the Honourable High Court has been dismissed and as such, the plea that the second Respondent with the help of the First Respondent has taken a higher value of petition mentioned property through an auction for a lesser price and further, the two properties in S.No.325/1C, 326 have been shown as one...
The Chairman, V.L.B. Trust Vs. the Land Acquisition Officer- Cum-distr ...
Court: Chennai
Decided on: Sep-02-2010
1. Feeling aggrieved by enhancement of compensation of Rs.1400/- per cent from Rs.150/- per cent fixed by the Land Acquisition Officer [LAO] in respect of the land in S.F.No.43/1 2.18 acres acquired in Kuniamuthur village, Coimbatore South Taluk for construction of buildings for Polytechnic, Girls High School etc., Beneficiary/Requisitioning Body V.L.B. Trust has filed this Appeal. 2. Pursuant to the requisition from Appellant-VLB Trust for construction of buildings for Polytechnic and Girls High School etc., the land in S.F.No.43/1A measuring an extent of 2.18 acres and other lands were sought to be acquired. 3. Brief facts are that large extent of 104.00 acres of lands in Narasimhapuram and Kuniamuthur villages were acquired for construction of buildings for Polytechnic and Girls High School etc. Section 4(1) notification was approved in G.O.No.1382 Education Department dated 20.10.1984 and published as Notification No.II(2) EDU/6402/84 in the Gazette on 21.11.1984. Sec. 4(1) notific...
Bajaj Allianz General Insurance Co. Ltd. Vs. P.Manimozhi, and ors.
Court: Chennai
Decided on: Sep-02-2010
1. This appeal has been filed by Bajaj Allianz General Insurance Co. Ltd against the award dated 01.07.2008 in M.C.O.P.No.579 of 2005 on the file of the I Additional District Court, Erode.2. The respondents/claimants are the legal heirs of one Padmanaban, who died in a road accident. The said Padmanaban was walking on Rasipuram-Salem main road on 29.03.2005 at about 9.30 a.m., proceeding to the Head Post Office, Rasipuram, at that time, a TVS 50 bearing registration No.TN-28L-4701 driven by the third respondent herein coming from the opposite direction dashed on Padmanaban and thus the accident occurred, he was immediately taken to Dr.Manickam Hospital, from where he was shifted to Kaveri Medical Centre, Erode for better treatment and despite such treatment, he succumbed to the injuries on 31.03.2005. The deceased was aged about 56 years at the time of accident and he was working as the Senior Accountant Officer in the office of the Accountant General Office, Chennai and was drawing a ...
K.Kamalanabhan.Vs. the Director of Agriculture Chepauk,
Court: Chennai
Decided on: Sep-02-2010
1. This Writ Petition has been filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus, calling for the records relating to the Proceedings No.Se.Mu.Order No.A/370/99, dated 21.12.2006 passed by the Assistant Director of Agriculture, Sriperumbudur, the third respondent herein in ordering recovery of a sum to the tune of Rs.55,957/- and the consequential pension proposal sent by the Joint Director of Agriculture, Kancheepuram in Lr.No.A2/17191/04, dated 11.07.07, so far as the portion of recovery is concerned in directing the fourth respondent to recover a sum of Rs.1,60,056/- and quash the same and forbear the respondents from recovering the said sum from the petitioner. 2. The petitioner is a retired Assistant in the Agriculture Department. The third respondent, by his Proceedings, dated 21.12.2006, passed an order to recover a sum of Rs.55.957/-. Subsequently, the Joint Director of Agriculture (i/c) Kancheepuram, sent a letter, dated 11.07.2007 in ...
R.Srinivasan.Vs. the Management of India Airlines Ltd.,and anr.
Court: Chennai
Decided on: Sep-02-2010
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking an order in the nature of a writ of mandamus, directing the respondents herein not to exclude the petitioner in the scheme for engagement of temporary labour by the respondent in Madras / Chennai, that was approved by the Division Bench of this Court in W.A.No.808 of 2000 and related cases on 11.12.2002. 2. The petitioner herein joined duty under the respondent management as a temporary labour-loader in the year 1989 and worked as such till 1995 and thereafter, he was given one year break. He was again engaged as 'Sufaiwala' between the period July 1992 and June 1993. The petitioner was allotted the work in baggage handling section in the Cargo Division by the respondent in Indian Airlines. He was again given re-employment for a short period in the year 1995. The respondents used to employ workers on temporary basis, on fixed duration spells of 90 days and in view of the fact ...
Rajaprabhu @ Prabhu.Vs. the State Rep. by the Inspector of Police J2 A ...
Court: Chennai
Decided on: Sep-02-2010
1. Challenge is made to a judgment of the Mahila Court, Chennai, made in S.C.No.8 of 2007 whereby the sole accused/appellant stood charged under Sections 302 and 380 of IPC, tried, found guilty of murder and also theft and awarded life imprisonment along with a fine of Rs.25000/- and default sentence under Sec.302 IPC and 5 years Rigorous Imprisonment along with a fine of Rs.5000/- and default sentence under Sec.380 IPC. 2.Short facts necessary for the disposal of this appeal can be stated as follows:(a) P.W.1 a Doctor by profession, is a resident of Door No.6/12, River View Apartment, 1st Crescent Part Road, Gandhi Nagar, Adyar, Chennai. Her daughter Anitha Sheron was doing her II year B.E. at Anna University. The accused came to the house along with his uncle Arul in connection with the purchase of a land. On 8.5.2006, P.W.1 left for her prayer to the Church leaving her daughter Anitha in the house. The son of P.W.1 already left for a movie that day. P.W.10, who is already known to t...
Selvi.Vs. the Superintendent of Police Perambalur District, and anr.
Court: Chennai
Decided on: Sep-02-2010
1. This petition is brought forth by the petitioner mother one Selvi alleging that the detenue is her minor daughter aged 17; that she belonged to the agricultural family; that she has brought her daughter up; that while so, on 10.4.2010, she was found missing when she went to the computer class; that thereafter, when the enquiry was made, she came to know that her daughter was actually kidnapped by the fourth respondent; that a complaint was given on that day itself to the third respondent police; but no steps have yet been taken, and under the circumstances, she was compelled to file this petition before this Court. 2.This day when the matter was taken up by the Court, it was represented by the learned Additional Public Prosecutor for the State that the detenue has actually been secured and she is to be produced before the Court. 3.Accordingly, she is produced. She is also enquired. According to her, she was born on 26.6.1993, and the petitioner is her mother, and the father is also ...
Union of India, Rep. by Its Postmaster General, Southern Region, Tamil ...
Court: Chennai
Decided on: Sep-02-2010
1. The prayer in the writ petition is for issuance of Writ of Certiorarified Mandamus to quash the Judgment and decree dated 14.10.1996 passed in LAOP No.154 of 1983 on the file of the I Additional Sub-Judge, Madurai and to direct the I Additional Sub-Judge, Madurai to proceed afresh for determination of the reference in accordance with law by issuing notice to the petitioner and giving opportunity. 2. The petitioner is the Union of India represented by its Postmaster General, Southern Region, Tamil Nadu, Madurai. The facts leading to the filing of the writ petition could be briefly set out as hereunder:The Madurai Palace Post Office had been functioning in the building comprised in survey No.T.S.1233 from 1899. The extent of the land on which the building is constructed measures 2609 sq.ft. and the constructed area is about 1406 sq.ft. During 1977, the petitioner sought for renewal of the lease in respect of the said premises from the respondents 3 & 4, who were the owners of the prop...
A.Visalakshi, and anr.Vs. State of Tamil Nadu, and ors.
Court: Chennai
Decided on: Sep-02-2010
1. The two petitioners A.Visalakshi and D.Devaki filed O.A.No.7206/1999 on the file of the Tamil Nadu Administrative Tribunal with the prayer to quash the seniority list of Scientific Assistant Grade II issued by the Second Respondent in proceedings Proc.No.A4/18829/97 O.O.No.107/97 dated 20.4.98 in so far as it relates to the applicants herein as the said seniority list is contrary to General Rule 35 (a) and is not based on the rank assigned to the applicants in the list of selected candidates for the post of Scientific Assistant Grade II by the Tamilnadu Public Service Commission and to direct the respondents 1 to 3 herein to revise the seniority list of Scientific Assistant Grade II issued by the Second Respondent in proceedings Proc.No.A4/18829/97 dated 20.4.98 based on the rank assigned O.O.No.107/97 to the applicants herein by the TamilNadu Public Service Commission in the competitive examination held in the year 1989 for Scientific Assistant Grade II and under General Rule 35(a)...
H. Thiyagaragan,and ors.Vs. State Rep. by Inspector of Police, and ors ...
Court: Chennai
Decided on: Sep-02-2010
1. The petitioners, who are the accused in case pending in C.C. No.76 of 2009 on the file of the learned Judicial Magistrate, Kotagiri, seek to quash the proceedings against them. The case arises out of a complaint preferred by the mother of the first petitioner informing that the first petitioner, an estranged son, had sought to obtain properties which had been settled upon her daughters by her late husband and by resort to the community council whose members, acting in support of the first petitioner, had along with him committed several wrongdoings towards causing the petitioner's daughters to part with the property settled in their favour. As the complainant and her daughters were not willing to act as per the diktat of such body which required them to deliver properties to the first petitioner as also execute a power of attorney in his favour, they were subjected to intimidation, put to various difficulties and suffered social ostracisation. On the complaint of the second responde...
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