Chennai Court November 2012 Judgments

The Government of Tamil Nadu Rep. by the District Collector, Periyar D ...

Court: Chennai

Reported in: 2013(1)MLJ70; 2013(1)MWN(Civil)196

(Prayer:- Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, against the judgment and decree passed by the learned Principal Sub-ordinate Judge, Gobichettipalayam and made in I.A.No.12 of 1997 in C.F.R.No.9912 of 1996 dated 22.03.2004.) This memorandum of civil revision petition appears to have been filed against the fair and decreetal order dated 22.03.2004, and made in I.A.No.12 of 1997 in C.F.R.No.9912 of 1996 on the file of the learned Principal Sub-ordinate Judge, Gobichettipalayam. 2. The respondent herein has filed the suit in O.S.No.562 of 1989 against the revision petitioners being the Government of Tamil Nadu represented by District Collector, Periyar District, Erode and the Tahsildar, Sathiyamangalam seeking the relief of declaration and perpetual injunction in respect of the suit property. 3. Despite the contest made by the civil revision petitioners, the present suit was decreed as prayed for with costs by the respondent herein. Impugning the d...

M. Pugalvanan Vs. the District Collector, Villupuram District and Anot ...

Court: Chennai

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to enhance the compensation as per the revised estimate and disburse the same within a reasonable time as this Court may deem fit.) 1. Heard Mr.P.Venkataraman, learned counsel for the petitioner and Ms. V.M. Velumani, learned Spl.G.P. for the respondents. 2. The petitioner has prayed for a direction to the first respondent to enhance the compensation as per the revised estimate and disburse the same within a reasonable time. 3. According to the petitioner, he is the owner of the property in Survey No.5/10A2 situated at Pukkulam Road, Thiyagadurgam, Kallakurichi Taluk, Villupuram District, totally measuring an extent of 100 square meters comprised in Patta No.529 and the land is residential in nature with RCC roof building. The petitioner is a Mason and earning on daily wage basis. He purchased the property of an extent of 1352 Sq.Ft. on ...

K. Mayakannan and Another Vs. the Chairman and Managing Director Tamil ...

Court: Chennai

(Prayer in both Writ Petitions: Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records relating to the 1st and 2nd respondents Proceedings made in (Per) FB TANGEDCO Proceedings No.22 dated 25.10.2012 and quash the same as illegal and consequently direct the respondents to appoint the petitioner to the post of Mazdoor (Trainee) with all attendant benefits.) 1. These two petitioners claiming to be entitled for absorption under the Tamil Nadu Electricity Board (renamed as TANGEDCO) are seeking to challenge the Board proceedings in (PER) FB TANGEDCO Proceedings No.22 dated 25.10.2012 and after setting aside the same seeks for a consequential direction to appoint the petitioners as Mazdoors (trainees) with all attendant benefits. 2. The case of the petitioners was that the petitioner and other employees are contract labourers and their name should be included in the Circle list sent for absorption. They obtained informat...

M/S. Flemingo Duty Free Shop Private Ltd. Rep. by Its General Manager ...

Court: Chennai

Reported in:

ComparativeCitatation:
2013WLR246

(Prayers: Writ Petition No.30001 of 2012 is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of the respondent relating to the impugned Goods Detention Notice dated 02.11.2012 in G.D.N.No.142/2012-13 and quash the same. Writ Petition No.30124 of 2012 is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of the respondent relating to the impugned compounding Notice dated 04.11.2012 in G.D.No.142/2012-13 levying tax and compounding fee under the Tamil Nadu Value Added Tax Act and quash the same.) Common Order: 1. Writ Petition No.30001 of 2012 is filed praying to issue a Writ of Certiorari, calling for the records of the respondent relating to the impugned Goods Detention Notice dated 02.11.2012 in G.D.N.No.142/2012-13 and quash the same. 2. Writ Petition No.30124 of 2012 is filed praying to issue a Writ of Certiorari, calling for the records...

S. Balakrishnan Vs. K. Chittibabu and Another

Court: Chennai

(Second appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of the Subordinate Judge, Kancheepuram dated 02.09.2010 made in A.S.No.45 of 2006 confirming the Judgment and Decree of the Additional District Munsif, Kancheepuram dated 07.03.2006 made in O.S.No.490 of 2001.) The unsuccessful plaintiff, who lost the suit before the trial court and the appeal before the lower appellate court, is the appellant in the present second appeal. The appellant filed the suit O.S.No.490/2001 on the file of Additional District Munsif, Kancheepuram for a declaration that he is the absolute owner of the suit property, which is described to be 74 cents of punja land comprised in Survey No.265/2C in Wallajahbad village, Kancheepuram Taluk, Kancheepuram District. Besides the relief of declaration, the appellant herein/plaintiff had also prayed for the relief of permanent injunction against the respondents herein/defendants not to interfere with his alleged peaceful pos...

S.B. Raju Vs. the Commissioner Hindu Religious and Charitable Endowmen ...

Court: Chennai

Reported in: 2013(1)MLJ45

(Petition under Article 226 of The Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka.No.22101 /2008/R1 dated 12.10.2011 and quash the same and directing the respondents to renew the lease agreement dated 12.04.2008 in favour of petitioner in respect of the land comprised in S.No.17/2 an extent of 0.65, S.No.17/3 of an extent 6.93 and S.No.20/1A of an extent of 5.50 acres of total extent 12.70 acres situate at No.66, Kathiramangalam, Sirkazhi Taluk, Nagapattinam District for any further period.) The petitioner was granted lease in respect of 12 acres and 70 cents of land situate at Kathiramangalam in Sirkazhi Taluk of Nagapattinam District by the third respondent for a period of three years from 01.07.2008 to 30.06.2011 and the lease rent was fixed at the rate of Rs.80,000/- per year. 2. The first respondent passed the order dated 19.3.2009 direct...

Thirumal Vs. C.M. Rathnakumar and Others

Court: Chennai

Reported in: 2013(1)MLJ(Crl)460

(Prayer:Criminal Revision Case filed under Section 397 read with Section 401 of Cr.P.C, praying to set aside the order dated 31.05.2012 passed by the learned Chief Judicial Magisrate, Dharmapuri in Crl.M.P.No.21 of 2011.) 1. The Revision is filed by the petitioner questioning the correctness of the order dated 31.05.2012 passed by the Court below, by which the private complaint filed by the petitioner against the respondents, who against the dismissal of the private complaint made against the police officer in respect of registering an FIR. 2. According to the petitioner, he had three brothers namely Arunkumar, Vettriselvam and Thirumalaiselvam of whom Vettriselvan was employed as Project Manager in G.R.M. Estate India Limited, Secunderabad and he was paid a sum of Rs.7,84,200/- as annual salary. Out of the salary received from such employment, the petitioner's brother purchased gold coins and other golden jewellery and the same were stolen along with cash of Rs.35,000/- by uniden...

T. Shanmugam Vs. Union of India, Rep. by Secretary to Government, Mini ...

Court: Chennai

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying for issue a writ of certiorarified mandamus, calling for the connected records pertaining to the impugned order bearing No.A-11013 /09/2007-PE-II Dt:30.08.2011 issued by the first respondent and to quash the same and consequently direct the respondents 1 to 3, to implement the resolution of the Board of Trustees dated 30.05.2007 and the subsequent resolution dated 11.12.2009 by creating/upgrading Physiotherapist (UG), Class-III post, as Senior Physiotherapist, Class-I, in the scale of pay of Rs.9100-15100(pre-revised) w.e.f. the date of first proposal which was approved by the Board of Trustees on 30.05.2007 and to grant promotion to the petitioner to the aforesaid post w.e.f. 30.05.2007 with all consequential benefits both monetary and otherwise. ) 1. The petitioner joined Chennai Port Trust, the 3rd respondent, as Physiotherapist on 02.08.1984. It was a Class-III post. Chennai Port Trust passe...

T. Senguttuvan Vs. S.M. Kandhan (A) Murugesan

Court: Chennai

K. VENKATARAMAN, J 1. The present application is taken out to reject the election petition. 2. The election petition has been filed to set at naught the election of the returned candidate namely, the applicant herein from 54, Vepanahalli Constituency, Krishnagiri District in the state of Tamil Nadu in the election held on 13.04.2011 and for declaration of the result made on 13.05.2011 as null and void and to direct the respondents 1 to 4 to declare the election petitioner as the successful and elected candidate in the said constituency in the election held on 13.04.2011. 3. For the sake of convenience, the applicant will be referred as the returned candidate, the first respondent as the election petitioner and the other respondents as per their status in the election petition. 4. The Election petitioner has filed the Election Petition under Sections 80 to 84 r/w Section 100(1)(b)(d)(ii)(iv) of the Representation of the People Act, 1951 (herein after called as the Act). 5. The election ...

K. Renuka Vs. V. Rajamanickam and Others

Court: Chennai

Reported in: 2012(4)MLJ(Crl)749

(Prayer: Criminal Revision Petition filed under Section 397 and 401 of Cr.P.C. against the order 13.05.2004 passed in C.M.P. No. 10125 of 2003 in C.C. No. 728 of 2001 on the file of the learned Judicial Magistrate No.V, Coimbatore.) 1. The present Criminal revision case is filed as against the order dated 13.05.2004 passed by the learned Judicial Magistrate No.V, Coimbatore in C.M.P. No. 10125 of 2003 in C.C. No. 728 of 2001, whereby the petition filed by the petitioner under Section 319 of Cr.P.C. to include two more persons as accused 2 and 3 in C.C. No. 728 of 2001 was dismissed. 2. The brief facts of the case is that the petitioner was employed as an Assistant Inspector in the office of the Assistant Director, Internal Audit and she discharged her duties sincerely without giving any room for any complaint. The respondents were also working in the same office as Assistant Inspector, Deputy Inspector and Assistant Inspector respectively. Apart from this official position, the respond...