Chennai Court November 2012 Judgments

M. Mari and Another Vs. the Chairman and Managing Director, Tamil Nadu ...

Court: Chennai

Reported in: 2013(1)CTC673

(Prayers: W.P.No.3614 of 2011 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the respondents 1 to 3 to forbear the 4th respondent from putting up any construction in the passage measuring to an extent of 2 meter breadth and 8 meter length leading to the petitioner's plot bearing No.301, N.S.K. 2nd street, Nehru Nagar, Velachery, Chennai-42 pending consideration of the representation made by the petitioner dated 15.12.2010 before the third respondent pursuant to the order passed by this court in W.P.No.1844 of 2011, dated 28.01.2011. W.P.No.2608 of 2012 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records from the file of the first respondent in respect of order G.O.(D)No.220, dated 26.12.2011 and to quash the same. Contempt Petition No.682 of 2011 is preferred under Section 11 of the Contempt of Courts Act to punish the respondents for havi...

Ramachandran Vs. Baskar Sethupathi Rep., by Power of Attorney Agent, S ...

Court: Chennai

Reported in: 2013(1)CTC395

(Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decree, dated 29.11.2011, passed in I.A.No.1392 of 2010, in O.S.No.127 of 2010, on the file of the Principal District Munsif, Villupuram District. ) The defendant is the revision petitioner herein. 2. The respondent/plaintiff filed the suit for declaration and injunction, stating that the suit schedule property is a vacant site and he is the owner of the suit property and as the revision petitioner/defendant attempted to interfere with his peaceful possession and enjoyment of the suit property and also questioned the title, he filed the suit for the reliefs, as stated above. The respondent/plaintiff also filed an application under Order VI, Rule 17 of C.P.C., within three months from the date of filing of the suit to add the relief of recovery of possession, stating that, after the filing of the suit, the revision petitioner trespassed into the suit property and put up a house constructi...

United India Insurance Co. Ltd. Vs. Jahir HussaIn and Others

Court: Chennai

Reported in: 2013(1)TNMAC205

(Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 21.06.2006 passed in MACOP No.2203 of 2001 on the file of the Motor Accidents Claims Tribunal (III Additional Sub Judge) Trichy.) 1. The appellant/2nd respondent has preferred the present appeal in CMA No.90 of 2007, against the judgment and decree passed in M.C.O.P.No.2203 of 2001, on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichy. 2. The Short facts of the case are as follows:- On 17.05.2001, at about 03.00 p.m., in the afternoon, the petitioner was travelling as a passenger in the Tamil Nadu State Transport Corporation Bus, bearing registration No.TN-55N-0109/3rd respondent, from Trichy to Chennai and the bus was driven in a careful manner by its driver. When the bus was nearing "Balaji Croshers", the 1st respondents vehicle namely "Mahendra Van" bearing registration No.TN-67C-4304, which was driven by its driver in a rash and negligent man...

M/S. Thai Poosam Festival Committee, Rep. by Its Committee Member S.M. ...

Court: Chennai

(Prayer:This Writ Petition is filed under Article 226 of the Constitution of India praying for issue a Writ of Mandamus, directing the 3rd respondent to reopen the Arulmigu Valli Devasena Sametha Subramania Swamy, the deity consecrated at the ground level sanctum sanctorum of Arulmigu Subramania Swamy Thirukoil, Mudis, Valparai, Coimbatore District, permanently for worship in addition to the Velavan deity at first floor.) 1. The Writ petitioner is one Thai Poosam Festival Committee, represented by one S.M.Manivannan of Shop No.25, Mudis Town, Valparai, Coimbatore District. There is Arulmigu Subramaniaswamy Thirukoil, Mudis, Valparai in Coimbatore District. 2. According to the petitioner, the temple is closed by the 3rd respondent. He has filed the writ petition seeking for a direction to the third respondent to reopen the Arulmigu Valli Devasena Sametha Subramania Swamy, the deity consecrated at the ground level sanctum sanctorum of Arulmigu Subramania Swamy Thirukoil, Mudis, Valparai,...

N. Debora Indira Jaba Priya and Another Vs. Ibrahim Sha and Others

Court: Chennai

(Prayer: Appeal filed under Order 41, Rule 1 of Civil Procedure Code read with Section 96 of C.P.C., against the judgment and decree, dated 21.10.2009, passed in O.S.No.2557 of 2007, on the file of the Additional District and Sessions Judge, Fast Track Court, No.III, Chennai - 600 001, in directing the appellants to quit and deliver vacant possession of the schedule mentioned property to the respondents 1 and 2 and also directing the appellants to deliver the original title deeds pertaining to the suit property and similarly, directing the appellants to pay a sum of Rs.68,886/- as costs.) 1. The defendants 1 and 2 are the appellants herein. 2. The respondents 1 and 2 herein filed the suit in O.S.No.2557 of 2007, on the file of the IV Additional Judge, City Civil Court, Chennai, for recovery of possession and to handover all the original title deeds in respect of the property and for costs of the suit. 3. That suit was decreed, as prayed for. Aggrieved by the same, this Appeal has...

Mettur Textiles Mill Quarters Residents Welfare Society, Represented b ...

Court: Chennai

Reported in: 2013(1)MLJ1

(Prayer: Review Application in Rev.Appln.No.164 of 2012 is filed under Order 47 Rule 1 read with Section 114 of Civil Procedure Code against the Order dated 6.9.2012 made in O.S.A.No.222 of 2012 on the file of this Court. Review Application in Rev.Appln.No.165 of 2012 is filed under Order 47 Rule 1 read with Section 114 of Civil Procedure Code against the Order dated 6.9.2012 made in O.S.A.No.223 of 2012 on the file of this Court.) COMMON ORDER R. BANUMATHI, J. In these review applications, the applicant - Mettur Textile Mill Quarters Residents Welfare Society seeks review of the Judgment dated 6.9.2012 in O.S.A.Nos.222 and 223 of 2012 on the ground of error apparent on the face of record and under the premise that certain important aspects were overlooked by the Court while deciding the Original Side appeals. 2. The brief facts are that the Mettur Textile Industries Limited was wound up by an order dated 2.7.1993. The Company was taken over by the Official Liquidator. Adjudication in ...

Minor Kumaresh Narendra Repd by His Mother and Guardian Pushpawathie N ...

Court: Chennai

Reported in: 2013WLR134; 2013(1)CWC513

(PRAYER:Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the 6th respondent in issuing the Draft Assessment Roll published in the Tamilnadu Government Gazette dated 09.08.2006 and quash the same and consequently direct the first, third and fourth respondents herein to proceed with the Land Acquisition At, 1894 as amended therein, in so far the lands comprised in S.Nos.402/1a, 401,402/2, 397 part, 395/3 part, 408/2 part, 408/3, 409,410,415, 418 part, 413, 420, 417/1, 407/1, 407/2 part, 403 part and 423 part Periammapatti village Taluk, now Dindigul District in an extent of 316.89 or thereabouts are concerned and to pay the compensation under the Land Acquisition Act, 1894 by following the dicta laid down in W.P.Nos.119 and 120 of 1974, dated 09.04.1979 and as confirmed in W.A.Nos.677 and 678 of 1979 dated 17.09.1986 on the file of this court.) Petitioner, a minor, represented by his mother, ...

The Branch Manager, the Oriental Insurance Co.Ltd. Vs. Paulchamy and O ...

Court: Chennai

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award made in MCOP No.862 of 2003, dated 10.08.2006, on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, (Fast Track Court), Dindigul.) 1. The appellant/2nd respondent has preferred the present appeal in CMA No.1151 of 2007 against the award made in MCOP No.862 of 2003, dated 10.08.2006, on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, (Fast Track Court), Dindigul. 2. The Short facts of the case are as follows:- The petitioners, who are the legal heirs of the deceased Palanimalai, who died in a Motor Vehicle Accident, claimed compensation of a sum of Rs.2,00,000/- from the respondents 1 and 3 who are the owner's of the vehicles involved in the accident and from the respondents 2 and 4, who are the insurer of the offending vehicles. It was submitted that on 29.2.2000, at about 4.30p.m., when the deceased Palanimalai a...

idbi Bank Ltd. and Another Vs. Debts Recovery Appellate Tribunal and O ...

Court: Chennai

(PETITION under Article 226 of The Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the order dated 25.07.2012 passed in MA.No.109 of 2009 (T) on the files of Debts Recovery Appellate Tribunal, Chennai, quash the same and consequently direct the O.A.No.302 of 2007 on the files of Debts Recovery Tribunal-II, Chennai be disposed of expeditiously within a timeframe fixed by this Hon'ble Court.) CHITRA VENKATARAMAN, J. The present Writ Petition is filed by two of the creditor banks, who formed consortium with ICICI Bank in granting loan to second and third respondents. One of the consortium banks - ICICI Bank is the fourth respondent herein. 2. It is seen from the narration of the facts herein, the fourth respondent - ICICI Bank filed a suit before the Bombay High Court for recovery of amount in C.S.No.4109 of 1997 against the second and third respondents herein, who are the defaulters. The suit was subsequent...

Kallakurichi Co-op Sugar Mill Dhina Coolie Thozhilalar Sangam, Villupu ...

Court: Chennai

Reported in: 2013(1)LW425

(Prayer: This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the second respondent to consider the representation of the petitioner union dated 17.08.2012 to fill up all the existing vacancies or in the future vacancies in the respondent sugar mills by appointing all the eligible and qualified members of the petitioner union as per the list attached instead of filling up 32 vacancies only as notified on 16.08.2012.) 1. This writ petition is filed by the Trade Union representing daily wage workers in the 3rd respondent Cooperative Sugar Mills, with registration No.STA-309/1984. The prayer in this writ petition is for a direction to the second respondent (Commissioner of Sugars, Chennai) to consider the representation of the petitioner union, dated 17.08.2012 to fill up all existing vacancies or the future vacancies in the third respondent sugar mills by appointing all eligible and qualified members of the u...