Chennai Court February 2012 Judgments
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V.M.Karmegam and ors. Vs. R.Soundrajan and ors.
Court: Chennai
Decided on: Feb-15-2012
PRAYER: This petition came to be numbered by transfer of O.A.No. 2732 of 2001 from the file of the Tamil Nadu Administrative Tribunal, to call for the records of the 1st respondent in Pro.No. AB2/ 3787/ 2001 dated 27.3.2001 quash the same in so far as it relates to respondents 3 to 5 herein and issue consequential directions to promote the Forest Watchers in Dindigul Circle as Forest Gurad in all the vacancies in Dindigul Circle.O R D E R1. The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the promotion order of the respondents 3 to 5 to the post of Forest Guard.2 The grievance of the petitioners is that as per the statutory rules governing the service conditions of the employees in the forest department, the seniority is fixed circlewise. The rule was therefore amended vide G.O.Ms.No.259 dated 8.9.1998 reads as under: Accordingly, the Government directed:-(i) in Rule 2, the clause if they possess the physical and educational qualifications prescribed fo...
Chandramohan Vs. Shanmugavalli
Court: Chennai
Decided on: Feb-15-2012
PrayerThese Second Appeal and Cross Appeal are filed against the Judgement and Decree dated 31.8.2007 passed in AS.No.27/2007 by the learned Principal District Judge, Madurai, partly reversing the Judgement and Decree dated 19.2.2007 passed in OS.No.474/2002 by the learned I Additional Sub Judge, Madurai.JUDGEMENT1. These Second Appeal and Cross Appeal are filed against the Judgement and Decree dated 31.8.2007 passed in AS.No.27/2007 by the learned Principal District Judge, Madurai, partly reversing the Judgement and Decree dated 19.2.2007 passed in OS.No.474/2002 by the learned I Additional Sub Judge, Madurai.2. The Defendant in OS.No.474/2002 on the file of the I Additional Sub Judge, Madurai, is the Appellant in this second appeal. The above said suit was instituted by the Plaintiff/respondent in this second appeal for partition of half share in the suit items and for rendition of accounts. The suit properties are 18 in number. The properties belonged to two sisters, namely, Chinnam...
Chinnasami, Son of Duraisamy Vs. the Territory Manager
Court: Chennai
Decided on: Feb-15-2012
JUDGMENT(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)1. The writ appeal is filed against the order, dated 14.02.2011, in W.P.(MD)No.5619 of 2011 dismissing the writ petition filed by the appellant herein. The said writ petition was filed by the appellant for a writ of certiorari to quash the Selection Proceedings passed by the 2nd respondent, selecting the 3rd and 4th respondents as Dealers for Retail Outlet (Petrol Pump) at Somarasampettai in Trichy District.2.It is seen from the narration of facts in the documents placed before us, the property offered for locating the Petrol Pump by the 3rd and 4th respondents is stated to be a Trust property, situated in S.F.Nos.6/1 and 6/6 in Somarasampettai, Trichy District. Pointing out to the terms of the Trust Deed that the income of the property has to be used only for charity and hence the property shown by the 3rd and 4th respondents cannot be used for putting-up a retail outlet, learned counsel for the appellant submitted...
The Divisional Manager Vs. T. Vasantha
Court: Chennai
Decided on: Feb-15-2012
Second Appeal filed under Section 100 of C.P.C. against the Judgment and Decree dated 20.10.2003 made in A.S.No.65 of 2003 by the learned Principal District Judge, Vellore District, Vellore, confirming the Judgment and Decree dated 30.06.2003 made in O.S.No.145 of 2000 by the learned Sub Judge, Gudiyatham.JUDGMENT1. This appeal is directed against the judgment and decree passed by the first appellate court in A.S.No.65 of 2003 dated 20.10.2003 in confirming the judgment and decree passed by the trial court in O.S.No.145 of 2000 dated 30.06.2003.2. The appellants are the defendants and the respondent is the plaintiff before the trial court.3. The case of the plaintiff before the trial court in brief are as follows:The plaintiff is the mother of one Saravanan. Saravanan died intestate leaving behind him the plaintiff as his only heir. Saravanan was a lorry driver. He was the sole bread winner of the family. Saravanan died in a road accident on 03.02.1996. The deceased had one unmarried s...
S.Perumal Vs. the Director of School Education
Court: Chennai
Decided on: Feb-15-2012
This writ petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus forbearing the 1st to 3rd respondents herein from approving the appointment of 5th respondent as Headmaster of Danish Mission Higher Secondary School, Tiruvannamalai.O R D E R1. The petitioner, an ex-student of Danish Mission Higher Secondary School, Tiruvannamalai-606 601, filed this writ petition forbearing the respondents 1 to 3 from approving appointment of the 5th respondent as Headmaster of the school.2. The case of the petitioner is that he studied in the said school during 2007-2008 and during that period he applied for scholarship from the Government. The management during the academic year 2008-09 did not pay the scholarship amount to the petitioner and other students. Therefore, complaints were made to the District Collector in 2010. After enquiry by the District Collector, a case has been registered against the 5th respondent and two others under Sections 420, 468...
K.Kanniappan Vs. the Director General of Police
Court: Chennai
Decided on: Feb-15-2012
PRAYER: This petition came to be numbered by transfer of O.A.No. 3948 of 2001 from the file of the Tamil Nadu Administrative Tribunal, to direct the respondents to consider the claim of the petitioner for promotion as Dy. Supdt. of police Cat-I by appointment by recruitment by transfer without reference to punishment suffered in PR No.11/95 in regular panel of the year 2001-2001 with all consequential service and monetary benefits.O R D E R1. The petitioner prays for issuance of a writ in the nature of mandamus, directing the respondents to consider the case of the petitioner for promotion to the post of Deputy Superintendent of Police Category I by appointment by transfer, without reference to punishment suffered in the year 2001-2001, with all consequential service and monetary benefits.2. The petitioner was directly recruited as Sub Inspector of Police on 15.10.1976 and was promoted to the post of Inspector on 26.8.1988. During his service, the petitioner was awarded 100 rewards inc...
Ramachandran Vs. Govindasamy(Died) and ors.
Court: Chennai
Decided on: Feb-15-2012
Second Appeal filed under Section 100 of C.P.C. against the Judgment and Decree dated 29.4.2004 in A.S.No.22 of 2003 on the file of the court of Principal Subordinate Judge at Nagapattinam reversing the judgment and decree dated 27.8.2003 in O.S.No.598 of 2000 on the file of the District Munsif, at Nagapattinam.JUDGMENT1. This appeal is directed against the judgment and decree passed by the First Appellate Court made in A.S.No.22 of 2003 dated 29.4.2004 in setting aside the judgment and decree passed by the trial Court by reversing its findings made in O.S.No.598 of 2000 dated 27.8.2000, a suit filed by the plaintiff seeking for the relief of declaration of their title and permanent injunction in respect of item-1 and recovery of possession in respect of item-1 and recovery of possession in respect of item 2 and for the relief of ascertainment of mense profits and to pass decree thereon.2. The first plaintiff is the appellant and the defendants and the second plaintiff are added as res...
G. Velliangiri Vs. the Deputy Registrar of Cooperative Societies
Court: Chennai
Decided on: Feb-15-2012
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, calling for the records relating to the impugned Notice to furnish the Security and Consequential Order of attachment passed by the 1st respondent in CEP.No.2/2006-07; R.C.No.2559/2007/Ne.Ma.dt. 31.03.2009 and CEP.No.220/2007-08; R.C.No.123/2008-09/Ne.Ma. Dated 31.03.2009 and quash the same and award the costs of this Writ petition.ORDER1. This writ petition has been filed, challenging the notice issued by the first respondent, Under Section 167 of the Tamil Nadu Cooperative Societies Act, 1983, and the interim order of attachment, dated 31.03.2009, attaching the property belonging to the second petitioner, who is the wife of the first petitioner. The second respondent had issued a notice, dated 31.03.2009, under Section 167 of the Tamil Nadu Cooperative Societies Act, 1983, calling upon the petitioners to furnish security for a sum of Rs.5,21,900/-, to satisfy the ...
M.Selvi Siva Sakthi Deve Vs. J.Lalithamani
Court: Chennai
Decided on: Feb-15-2012
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent herein to consider and dispose of the representation of the petitioner, dated 30.1.2012 and conduct a joint survey with respect to the route Indra Nagar to Tirupur New Bus Stand of 1st respondent Mini Bus bearing Registration Nos.TN-21 A 6999 and TN 38 B 2075 in accordance with law.ORDER1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the second respondent.2. By consent of both the parties, the writ petition is taken up for final hearing and disposal.3. The learned counsel appearing on behalf the petitioner has submitted that it would suffice if the second respondent is directed to dispose of the representation, dated 30.1.2012, on merits and in accordance with law, within a specified period.4. The learned Government Advocate appearing on behalf of the second respondent, has no objection for suc...
N.Murugan Vs. the District Collector
Court: Chennai
Decided on: Feb-14-2012
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 records comprised in impugned communication in Na.Ka.No.29/2011 A, dated 29.7.2011 on the file of the second respondent, quash the same with consequential direction directing the second respondent to grant the compensation as claimed by the petitioner or refer the case to the first respondent for determination of compensation as per section 7(3) of the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997.ORDER1. This writ petition came to be posted before this court on being specially ordered by the Hon'ble Chief Justice.2.The petitioner claiming to be the owner of the land in Survey Nos.35/1 in No.158, Pillaipakkam Village, Sriperumbudur Taluk, Kancheepuram District, has filed the present writ petition seeking to challenge an order dated 29.7.2011 issued by the Special Tahsildar, Land Acquisition for SIPCOT, Irungattukotta...
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