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Chennai Court February 2011 Judgments

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Feb 04 2011

V.Lakshmi and anr. Vs. the Government of Tamil Nadu and ors.

Court: Chennai

Decided on: Feb-04-2011

ORDER1. These writ petitions are filed by the petitioners challenging the government order in G.O.Ms.No.593, Home (Pol.VII) Department, dated 25.6.2010. By the impugned government order, the Government has decided to transfer the case registered against the petitioners at Chromepet Police Station to the Central Bureau of Investigation and to accord consent to Central Bureau of Investigation under Section 6 of the Delhi Special Police Establishment Act, 1946 to enable the Government of India to extend jurisdiction of Delhi Special Police Establishment (CBI) to investigate the said case against the petitioners, who are Deputy Warden (Ladies Hostel) and Maintenance Supervisor respectively of Sri Balaji Medical College and Hospital, Chromepet, Chennai, a constituent of Bharath Institute of Higher Education and Research, Chennai, a Deemed University.2.1. The petitioners are employed as Deputy Warden (Ladies Hostel) and Maintenance Supervisor of Sri Balaji Medical College and Hospital. The e...


Feb 04 2011

M.Manohar and ors. Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Feb-04-2011

COMMON ORDER1. As the common question of law and facts are involved in all these writ petitions, common order is being passed. For the sake of brevity, facts have been taken from W.P.No.10847 of 2010. 2 The petitioners in all these writ petitions are Secondary Grade teachers working in various schools in the State of Tamilnadu. The petitioners in order to acquire higher educational qualification applied to the District Educational Officer in the district and the teachers employed in Corporation Schools applied to the Educational Officer of the Corporation for permission to join in the Distance Education Course called the Distance mode conducted by SASTRA University, Tanjavur. SASTRA University is a Deemed University recognised by University Grants Commission in the year 2001. The University is also approved by the National Council for Teachers Education (NCTE). The Southern Regional Committee of NCTE in 131st meeting held on 11.04.2007 also granted conditional recognition for awarding ...


Feb 04 2011

Mr.Ravi Prakash Khemka Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Feb-04-2011

O R D E R1. M/s. NEPC India Limited, a company registered under companies Act, has invoked the writ jurisdiction of this Court with the prayer for issuance of a writ in the nature of Certiorari for quashing the order dated 21.07.2008, passed by the Joint Commissioner of Police, Central Zone, rejecting the representation of the petitioner dated 31.10.2007.2. The impugned order reads as under:"This has reference to your complaint dated 31.10.2007, alleging police officials have done mistake in investigating your complaint dated 25.07.2007.Based on your representation dated 31.10.2007, an enquiry was conducted. The enquiry revealed that the officials had dealt with your complaint dated 25.07.2007 in a proper manner and in accordance with procedures. Consequently, no further action was required.This is for your information.sd../-Joint Commissioner of PoliceCentral Zone, Chennai-8"3. The petitioner also prayed for a writ in the nature of Mandamus to direct the respondent police, i.e. the Di...


Feb 03 2011

Antony Waste Handling Cell Private Limited Vs. Mr.Anbalagan and anr.

Court: Chennai

Decided on: Feb-03-2011

ORDER1. The contempt complained of is in respect of an interim order passed by this Court dated 24.10.2009 in M.P.No.1 of 2009 in W.P.No.21717 of 2009, by which this Court has granted an order of interim injunction for a period of four weeks against the first respondent from in any way allotting or extending the project pertaining to the integrated solid waste management system at Koyambedu Wholesale Market Complex, Koyambedu as called for in tender notice D.I.P.R.1452/Tender/2009 to the third respondent in the writ petition, viz., Ramky Enviro Engineers Limited.2. The writ petition has been filed by the petitioner to forbear respondents 1 and 2 from allotting the project in favour of Ramky Enviro Engineers Limited, the third respondent in the writ petition, on the basis that the third respondent is disqualified as per the terms and conditions of the tender and also for a consequential direction to allot the tender to the petitioner company, viz., Antony Waste Handling Cell Private Lim...


Feb 03 2011

K.Ayisha Begum Vs. the Secretary and ors.

Court: Chennai

Decided on: Feb-03-2011

ORDER1. The writ petition is directed against the order of the first respondent in G.O.(D) No.609, Home (Cinema.2) Department, dated 13.6.2003.2.1. The petitioner, who is a resident of Kallidaikuruchi, has applied for permission to run a Touring Cinema Talkies at Kallidaikurichi on 16.2.1999, after fulfilling all formalities of obtaining No Objection Certificates from local Panchayat, the Assistant Commissioner of Sales Tax, and the District Superintendent of Police. It is stated that the licensing authority, viz., the third respondent, has called for objections from the public. The fourth respondent, who is the owner of another theatre by name "Minor Cinies" at Kallidaikuruchi; the fifth respondent, who is a cultivating tenant under the fourth respondent; the sixth respondent, who is the Manager of the fourth respondent's touring theatre; and the seventh respondent, who is running a tea stall in the fourth respondent's touring theatre, have made objections. 2.2. It is stated that the ...


Feb 03 2011

A.M.Muniswamy Vs. the Presiding Officer and anr.

Court: Chennai

Decided on: Feb-03-2011

ORDER1. The writ petition is filed by the management, which is the respondent before the Labour Court, challenging the award passed in I.D.No.9 of 1984, dated 4.8.2004.2.1. The second respondent was appointed as Checking Inspector in the year 1966 in the petitioner/management and he is stated to have worked for 16 years. Without any notice, the petitioner is stated to have terminated the second respondent from service on 22.11.1982. The termination of the second respondent was due to the reason that the second respondent wanted to start an union and he has also submitted an application by way of demand in Application No.134 of 1982. 2.2. The termination was challenged by the second respondent by raising an industrial dispute. The petitioner has filed counter to the effect that the second respondent was working temporarily and he used to inspect vehicles one or two days in a month during the time when the permanent staff are on leave and for that he was paid Rs.15/- per day as salary an...


Feb 02 2011

Dr.R.Senthilnathan and ors. Vs. Medical Council of India and ors.

Court: Chennai

Decided on: Feb-02-2011

COMMON ORDER1. Writ Petition Nos.26180, 26576, 26585 and 27056 of 2010 have been filed by the respective petitioners serving as Government Medical Officers in the State of Tamil Nadu, seeking for issuance of writs of mandamus to forbear the 3rd respondent-Director of Medical Education, Chennai-10, from conducting any counselling for appointment to the post of Associate Professors and Professors in the Tamil Nadu Medical Services in any discipline based on the Draft Seniority List sent along with the proceedings of the said respondent bearing Reference No.78809/E1/1/10, dated 07.10.2010, sent to all the Deans of Medical Colleges/Medical Superintendents and Director of Upgraded Institutes; and consequently direct the 3rd respondent to await the preparation of the final speciality seniority list comprising the panel of Assistant Professors for promotion to the posts of Associate Professors and Professors for the year 2010-11 and to complete the process of re-fitment of Professors in 1511 ...


Feb 02 2011

K.Radhalakshmi Vs. the Secretary and ors.

Court: Chennai

Decided on: Feb-02-2011

ORDER1. The brief facts of the case, sans unnecessary details, leading to the filing of these writ petitions are stated hereunder.2.1. The petitioner in W.P.No.28993 of 2007, who is the fifth respondent in all other writ petitions, viz., K.Radhalakshmi, is stated to have purchased 1.5 Acres of land comprised in Survey Nos.151/1 and 151/2 situated at Ramapuram Village on 1.1.1976 under a registered document, and is stated to have been in possession and enjoyment of the same along with her family members. The extent contains land and buildings.2.2. The said K.Radhalakshmi (petitioner in W.P.No.28993 of 2007) is stated to have been holding major share in M/s.Telace Plants and Equipment Private Limited, a company later impleaded as fifth respondent in W.P.No.28993 of 2007, which company has also been arrayed as sixth respondent in other writ petitions, and she applied for transfer of one acre excess land to the said company in the year 1978 as per the Tamil Nadu Urban Land (Ceiling and Reg...


Feb 02 2011

T.Gopichandar Vs. the Secretary to Government Transport Department and ...

Court: Chennai

Decided on: Feb-02-2011

ORDER1. The writ petition is directed against the order of the second respondent dated 10.4.2008, by which the claim of the petitioner for the purpose of modification of appointment order issued earlier and settlement of terminal benefits came to be rejected. 2.1. The petitioner was appointed as a Work Assistant under the work charged establishment in the erstwhile Tamil Nadu State Transport Department on a monthly pay of Rs.90/- plus usual allowances from 13.8.1971. The Pallavan Transport Corporation was created and it started functioning from 1.1.1972. The Pallavan Transport Corporation started its operation of stage carriages as a public sector undertaking owned and controlled by the government and therefore, the employees of the transport department, who were on roll as on 31.12.1971, were allowed to continue to work as government employees on deputation. 2.2. After the formation of the service rules for the employees of the Transport Corporation, the government issued G.O.Ms.No.37...


Feb 02 2011

National Leprosy Medical Employees Union Vs. the State of Tamilnadu an ...

Court: Chennai

Decided on: Feb-02-2011

COMMON ORDER1. The petitioner in both the Writ Petitions is the Trade Union functioning under the name and style of National Leprosy Medical Employees Union with Registration No.2706/Chennai represented by its Secretary. The Trade Union originally filed O.A.No.2484 of 2000 before the Tamil Nadu Administrative Tribunal seeking for a direction to the 1st respondent to absorb the members of the petitioner Union in any of the posts under the Health Department coming under the control of Director of Public Health and Preventive Medicine by granting age and educational qualification relaxation with retrospective effect.2. The members of the petitioner Union were originally engaged by various NGOs. Some of them are funded by foreign countries. The NGO in which the members of the petitioner were working, were engaged in eradication of leprosy and rehabilitation of such leprosy patients. The members were holding different posts starting from Helper to Medical Practitioner.3. The Original Applic...


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