Chennai Court November 2012 Judgments

R. Thamarainangai and Another Vs. Periyar University Rep.by Its Regist ...

Court: Chennai

(Prayer in both Writ Petitions : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records relating to the order of the respondent dated 20.6.2012 Pe.Pa.Pa/ R6/ Paniyidamatram/ 2012.8 and quash the same only so far as the petitioners are concerned) COMMON ORDER: The two petitioners, who are working as consolidated workers in the respondent University, filed the Writ Petitions challenging an order dated 20.6.2012 wherein and by which the petitioners were posted to work at P.G.Extension Centre of the University created within the campus of Government Arts College, Dharmapuri. 2. Notice of Motion was ordered in the two Writ Petitions. Interim stay was granted for a period of two weeks. Subsequently, it was extended till 1.8.2012. Aggrieved by the grant of interim order, the University filed M.P.No.3 of 2012 in each of the Writ Petition to vacate the interim order. The said applications are supported by the counter affidavit sworn to b...

Dr. P. David Jawahar Vs. the Vice Chancellor, University of Madras and ...

Court: Chennai

(Petitions filed under Article 226 of the Constitution of India seeking for issue of writ of mandamus forbearing the first respondent from in any way proceeding with the appointment to the post of Registrar of Madras University in pursuance to the short-listing of the candidates.) The petitioner is an aspirant for the post of Registrar in the University of Madras. He has also made an application. But however, on coming to know that the Special committee of University Syndicate is trying to short-list the names and on finding that his name has not been included and the inclusion of T.Leo Alexander's name, the petitioner has filed the present writ petition seeking a direction to the first respondent to appoint the Registrar of University of Madras in conformity with the provisions contemplated in Madras University Act, 1923. 2. When the matter came up on 11.9.2012, this Court granted interim order restraining the Vice Chancellor from making appointment to the post of Registrar. But h...

Chinnaraju Reddiar and Others Vs. S. Bhaskaran and Others

Court: Chennai

Reported in: 2013(2)MLJ113; 2013(1)MWN(Civil)506

(Prayer: The second appeal filed under section 100 CPC against the judgement and decree of the learned Subordinate Judge of Poonamallee, dated 21.6.1999 in A.S.No.12 of 1994, confirming the judgement and decree of the learned Principal District Munsif of Poonamallee dated 22.6.1993 in O.S.No.1172 of 1982.) 1. Defendants 1 to 6 are the appellants. The plaintiff and defendants 7 and 8 are the respondents. 2. The plaintiff filed the suit originally seeking the relief of permanent injunction and later, amended the plaint seeking the relief of specific performance. The suit was decreed, granting the relief of permanent injunction. The defendants were directed to execute the sale deed within a period of two months. The appeal preferred by the defendants was dismissed. As against the dismissal of the first appeal, the defendants have preferred this second appeal. 3. Brief facts: The suit property as described in the 'A' schedule is agricultural land, located at Ekkattuthangal Village,...

Jacob Nixon and Others Vs. Nirmala and Another

Court: Chennai

(Prayer: Civil Miscellaneous Second Appeal Revision has been filed under Section 100 of the Code of Civil Procedure as against the fair and decreetal order dated 19.07.2011 passed in C.M.A.No.93 of 2010 on the file of Sessions and District Judge - II, Kancheepuram in reversing the fair and decreetal order dated 23.04.2010 passed in E.A.No.444 of 2009 in E.P.No.2 of 2009 in Poonamallee O.S.No.170 of 2005 on the file of the learned Subordinate Judge, Kancheepuram. This transfer petition has been filed to withdraw the C.M.A.No.3 of 2012 from the file of the District Judge No.2, Kancheepuram and transfer the same to the file of this Court for being tried along with C.M.S.A.No.9 of 2012.) COMMON ORDER 1. The appellant is the decree holder. The appellant filed O.S.No.170 of 2005 on the file of the Subordinate Court, Kancheepuram for specific performance of an agreement of sale dated 15.04.2005 executed by the respondents. An exparte decree was passed in the suit on 11.08.2006. Thereaf...

E. Rajalakshmi, Chennai Vs. J. Girija, Chennai and Others

Court: Chennai

VINOD K. SHARMA,J. 1. A.No.5123 of 2009 has been filed by the applicant / plaintiff for amendment of the plaint in C.S.No.962 of 2008 to incorporate the subsequent events of demolition and reconstruction and sale of property in favour of third parties. 2. A.No.5124 of 2009 has been moved by the applicant / plaintiff under Order I Rule 10(2) r/w 151 of Code of Civil Procedure, for impleading the proposed respondent nos. 10 to 13, being subsequent purchasers, as parties to the suit. 3. The applicant / plaintiff filed a suit for declaration to challenge the release deed executed by defendant no.1 in favour of defendant no.6, with consequential relief of permanent injunction, restraining respondent no.6 from in anyway alienating or creating any encumbrance on the property, acquired under the challenged release deed. 4. It is the case of the applicant / plaintiff, that during the pendency of the suit, defendant no.6 transferred the property in favour of the proposed defendants 10 to 13. 5. ...

R. Poonkothai and Others Vs. K.S. Karupaiah and Others

Court: Chennai

Reported in: 2012(3)MWN(Civil)851

(O.P.No.682 of 2011 is filed under Sections 3, 7 to 10 and 29 of the Guardian and Wards Act, 1890 to appoint the petitioner R.Poonkothai as the guardian of the person of the minor R.Tharun. O.P.No.686 of 2011 is filed under Sections 3, 7 to 10 and 29 of the Guardian and Wards Act, 1890 to appoint the petitioners K.S.Karuppaiah and K.Meena as guardians of the minor child R.Tharun of person and property) COMMON ORDER: Both original petitions were filed by the respective petitioners seeking for appointment of guardian for the minor child R.Tharun, who was born on 16.07.2006 and at present roughly over 6-1/2 years old. While in O.P.No.682 of 2011, the prayer is to appoint the petitioner Mrs.R.Poonkothai, who is the paternal grand mother of the minor child as the guardian of the person of minor child Tharun, in O.P.No.686 of 2011, the two petitioners sought for the appointment of two petitioners as guardian of minor child R.Tharun both for person and property and that the list of properties...

A. Pandian Vs. the Inspector of Police, Central Crime Branch, Egmore

Court: Chennai

(Prayer: Criminal Revision Cases filed under Section 397 and 401 of Cr.P.C. against the common Order dated 19.12.2011 passed in Crl.M.P. No. 4984, of 2011 in C.C. No. 1402 of 2006, Crl.M.P. No. 4986 of 2011 in C.C. No. 19386 of 2007, Crl.MP No. 4982 of 2011 in C.C. No. 21792 of 2005 and M.P. No. 4983 of 2011 in C.C. No. 3198 of 2007 on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai.) COMMON ORDER: 1. These four criminal revision cases have been filed by the petitioner/accused aggrieved by the common order dated 19.12.2011 passed by the learned Chief Metropolitan Magistrate, Egmore, Chennai, by which the petitions filed by him under Section 239 of Cr.P.C. for discharge have been dismissed. 2. The petitioner was arrayed as A-4 in Crime No. 373 of 2005 for the offence punishable under Section 406, 420 and 506 (ii) IPC read with Section 120 (b) IPC. After investigation a charge sheet was filed which was taken on file as C.C. No. 1402 of 2006. Pending trial, the peti...

B. Suresh Vs. Assistant General Manager (Hr and Ic), Bharat Heavy Elec ...

Court: Chennai

Reported in: 2013(1)MLJ77

(Prayer: This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the concerned records from the second respondent, quash the order of the second respondent dated 22.5.2012 bearing No.TP:HR:R:ET2012 and consequently direct the respondents to conduct Standard Blood Sugar Tolerance Test as contemplated under the Medical Examination Rules of the respondents and consider the appointment of the petitioner as Engineer Trainee pursuant to the provisional appointment, dated 31.01.2012.) 1. The petitioner has filed the present writ petition seeking to challenge an order dated 22.5.2012 rejecting his case for employment on the ground that he was medically unfit for being employed in the respondents company at Tiruchirappalli on the basis of the existing rules. 2. When the writ petition came up on 7.6.2012, this court directed notice to be served on the respondents. Pending notice, an interim direction wa...

K. Maran Vs. the State by Inspector of Police, District Crime Branch, ...

Court: Chennai

(Prayer in Crl.R.C.No.96 of 2012: Criminal RevisionPetition filed under Section 397 and 401 of the Criminal Procedure Code against the order dated 08.11.2011 made in C.M.P.No.1722 of 2009 in C.C.No.72 of 2002 on the file of the Judicial Magistrate Coonoor dismissing the application filed by him under section 239 Crl.P.C. to discharge him from the prosecution under Sec.409, 477(A) r/w. Sec.34 r/w.109 IPC.) COMMON ORDER: 1. These Criminal revisions cases are filed against the order dated 08.11.2011 made in C.M.P. Nos. 1722, 1725, 1726, 1720, 1723, 1724 and 1721 of 2009 in C.C.Nos.72, 73, 71, 70, 69, 76 and 77 of 2002 on the file of the learned Judicial Magistrate, Coonoor, by which the petitions filed by the petitioners to discharge them from the purview of prosecution was negatived. 2. The only ground raised at the time of admission of these Criminal Revision Case is that the complaint was of the year 1992. The Calendar Cases have been filed in the year 2002 and that there is no progres...

V. Siva Vs. Tamil Nadu Electricity Board Rep.by Its Chairman and Manag ...

Court: Chennai

Reported in: 2013(1)MLJ29

(Prayer: Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to appoint the petitioner in the regular service of the Ennore Thermal Power Station of the Tamilnadu Electricity Board on compassionate ground as done in the case of the other workers of the ETPS Industrial Cooperative Society, award costs.) The petitioner's father was a member of INDCOSERVE Industrial Cooperative Society, which supplied labour to the Electricity Board. His father died on 16.9.1997 and thereafter his mother V.Shyamala made representation seeking for compassionate appointment in the Electricity Board. It transpires that the representation made by the petitioner's mother was rejected by the Board on 1.8.2005 stating that it was not feasible for compliance inasmuch as her husband was not working in the Electricity Board. Thereafter, the petitioner started sending representations on coming to know that one Nagammal, who allegedly similarly plac...