Chennai Court February 2012 Judgments
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M.G.Subramani Vs. the Principal Secretary to Government and ors.
Court: Chennai
Decided on: Feb-20-2012
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to grant lease to the petitioner society for a period of five years and to grant permission in favour of the petitioner society to carry out quarry operation in Poondi Village, in S.No.117 and S.No.49, and in Edarkundram Village in S.No.127-1, Chengalpattu Taluk, Kancheepuram District, as a special case.ORDER1. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.2.At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the first respondent is directed to consider the appeal,dated 27.05.2011, filed by the petitioner, before the first respondent, under Rule 8 (1) and 8 (10-A) of the Tamil Nadu Minerals Concession Rules, 1959, and pass appropriate orders, on merits and in accordance with law, within a stipulated...
T.Palanimuthu (Deceased) Vs. the Commissioner
Court: Chennai
Decided on: Feb-20-2012
PRAYER: This petition came to be numbered by transfer of O.A.No. 5186 of 2001 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to call for the records and quash the final orders dated 15.5.2001 passed by the Commissioner Cuddalore Municipality, Cuddalore in his proceedings in Na.Ka.No.c1/11688/98 and consequently direct the respondents to refund the amount recovered pursuant to the impugned order.O R D E R1. Thiru T.Palanimuthu has filed this writ petition with the prayer for issuance of a writ in the nature of Certioari, to quash the final order dated 15.05.2001 passed by the Commissioner, Cuddalore Municipality, imposing recovery of Rs.2,91,530/- (Rupees two lakhs ninety one thousand five hundred and thirty only) with the consequential relief of refund the amount recovered from the petitioner in pursuance to the impugned order. 2 It is not disputed that during pendency of this writ petition, petitioner died and legal represe...
P.Premavathy Vs. J.Venkatesan
Court: Chennai
Decided on: Feb-20-2012
Civil Miscellaneous Appeal filed under Section 28 of hindu Marriage Act and Section 19 of the Family Courts Act against the Order dated 20.10.2008 made in F.C.O.P.No.260 of 2004 on the file of Principal Family Court, Chennai.JUDGMENTR.BANUMATHI,J1. Challenge in this appeal is the order in F.C.O.P.No.260 of 2004 dated 20.10.2008 on the file of Principal Family Court, Chennai granting divorce on the ground of desertion [Section 13 (1) (i-b) of Hindu Marriage Act]. Unsuccessful wife is the Appellant.2. Appellant-wife is a Post Graduate with degrees M.A., M.Ed., in Tamil discipline and working as a teacher in Madras Port Trust and Dock Educational Trust Higher Secondary School, Chennai-81. Respondent-husband is working in Ashok Leyland Company. Appellant parents gave an advertisement in the Matrimonial column in the newspaper The Hindu dated 10.06.2001 [Ex.P13]. In response to the said advertisement, Respondent's father sent Ex.R1-bio-data of the Respondent. Marriage between the Appellant ...
Dr.R.Prabhaakaran Vs. University of Madras.
Court: Chennai
Decided on: Feb-20-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of writ of declaration, declaring the action of the 1st respondent approving the appointment of the 3rd respondent by order dated 30.11.2011 bearing Ref.No,.A-Ii/RSK/Pachaiyappa's Trust/2011/1259 to the post of the principal in the 2nd respondent as illegal, arbitrary and contrary to principles of natural justice.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of quo-warranto, to challenge the appointment of 3rd respondent as Principal of Pachaiyappa's college, Chennai.2. The challenge to the appointment of respondent no.3 as Principal is on the ground that the 3rd respondent does not have essential qualification prescribed by the Statutory rules, governing appointment of Principal of a college.3. The submission of the petitioner is that respondent no.3 did have 55% marks in his Masters degree, which is pre-requisite for appointment as Princ...
Grace Samuel Vs. Rani at Porkilai.
Court: Chennai
Decided on: Feb-20-2012
Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 21.10.1998 made in A.S.No.58 of 1996 on the file of the II Additional District Judge, Pondicherry, confirming the Judgment and Decree dated 25.10.1995 passed in O.S.No.868 of 1992 on the file of the First Additional District Munsif, Pondicherry.J U D G M E N T1. The Appellant/Defendant has filed the present Second Appeal as against the Judgment and Decree dated 21.10.1998 in A.S.No.58 of 1996 passed by the Learned Second Additional District Judge, Pondicherry in confirming the Judgment and Decree dated 25.10.1995 in O.S.No.868 of 1992 passed by the Learned First Additional District Munsif, Pondicherry.2. The First Appellate Court, viz., the Learned Second Additional District Judge, Pondicherry, while passing the Judgment in A.S.No.58 of 1996, has observed that trespasser is a person in wrongful possession, who has hostile animus against the person, who is entitled to legal possession of the property. By ...
Ms.Tamilnadu State Marketing Corporation Ltd. Vs. the Chief Commission ...
Court: Chennai
Decided on: Feb-20-2012
Prayer: Petition filed under Article 226 of Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records of the 5th respondent in PAN/GIR:AAACT2964P and quash the impugned order in AAACT2964P/2010-11, dated 7.2.2012 and direct the 5th respondent to grant stay of collection of tax and interest amounting to Rs.54,13,61,975/- for the assessment year 2009-10 till the disposal of appeal by the third respondent.O R D E R1. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Certiorarified Mandamus to call for and quash the impugned order of the fifth respondent and to direct the fifth respondent to grant stay of the collection of tax and the interest thereon, for the assessment year 2009-10, till the disposal of the appeal preferred before the third respondent.2. The main contention of the learned counsel appearing on behalf of the petitioner is that the impugned order of the fifth respondent, dated 7.2.2012, directing ...
Ms. Sathya Suppliers Vs. the District Collector
Court: Chennai
Decided on: Feb-20-2012
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to issue the sale bills with the name and address of the stockyard in the bills issued by the second respondent for any permitted vehicles namely lorry, tractor and licensed bullock carts and also permit the petitioner to use loading machine for loading the sand from his stockyard by considering the representation of the petitioner dated 27.01.2012.ORDER1. Mr.V.Jayaprakash Narayanan, learned Additional Government Pleader, takes notice for the respondents.2. With the consent of the learned counsels appearing for the parties concerned, this writ petition is taken up for disposal.3. It has been stated that the petitioner is doing business as a dealer in sand and other building materials. The petitioner is a registered dealer in the records of the sales tax department of the government of Tamil Nadu. Since, the bills issued by the second respondent do not c...
R.Panchumani Vs. the Regional Transport Officer
Court: Chennai
Decided on: Feb-20-2012
Writ Petition (MD).No.11479 of 2011 is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondent to return the petitioner's driving license No.TN-59-19890000899 within the time frame fixed by this Hon'ble Court pending disposal of the case in Crime No.2516 of 2011 of Dharapuram Police Station, Tiruppur District.Writ Petition (MD).No.11501 of 2011 is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondent to return the petitioner's original driving license within a time limit that may be fixed by this Hon'ble Court.Writ Petition (MD).No.12242 of 2011 is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 1st resppondent to return the driving license of the petitioner bearing D.L.No.TN 20 Z1-19850002713 to him forthwith.Writ Petition (MD).No.12651 of 2011 is filed under Article 226 of the Constitution of ...
S.Marimuthu (Died) Vs. G.Venu
Court: Chennai
Decided on: Feb-20-2012
Second Appeal filed under Section 100 CPC. as against the judgment and decree, dated 28.07.2005, passed by the II Additional Subordinate Judge, Coimbatore, in A.S. No.55 of 2004, reversing the judgment and decree, dated 26.07.2005, passed in O.S.No.3903 of 1996, by the District Munsif Court, Coimbatore.J U D G M E N T1. The appellants herein filed a suit as plaintiffs in O.S.No.3903 of 1996, on the file of the District Munsif Court, Coimbatore, seeking prayer--- a) for permanent injunction restraining the defendant, his men servants, hirelings, and family members from interfering with the plaintiff's peaceful possession and enjoyment of the suit property in any manner whatsoever; b) for granting mandatory injunction directing the defendant to remove the constructions put up by him in the suit space of 2' on the southern side of the plaintiff's house at his cost; c) for directing the defendant to pay the cost of the suit to the plaintiff;2. The averments made in the plaint, in brief, ar...
N.Mohammed Farook Vs. Union of India
Court: Chennai
Decided on: Feb-20-2012
PRAYERWrit Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration, declaring the Section 135(1)(e) of the Electricity Act, 2003 as illegal, conflicting and overlapping with Section 126 of the Electricity Act, 2003 and consequently, forbearing the second respondent from proceeding further pursuant to issue of Form 9 dated 21.01.2011 under Tamil Nadu Electricity Supply Code, 2004 by issue of writ in nature of Mandamus.ORDER1. This Writ Petition, at the instance of a consumer, seeks a Writ of Declaration, to declare Section 135(1)(e) of Electricity Act, 2003 as illegal and overlapping Section 126 of the said Act.THE FACTS:2. The petitioner is the Correspondent of Naina Mohammed College of Arts and Science and Crescent Matriculation School, at Rajendrapuram, Aranthangi Taluk in the district of Pudukkottai. The College obtained a service connection in S.C.No.319. The College also obtained a temporary service connection in S.C.No.1 ...
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