Chennai Court February 2012 Judgments
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The Secretary to Government Vs. S.Ganesan
Court: Chennai
Decided on: Feb-10-2012
PrayerThe Writ Appeal is filed under Clause 15 of the Letters Patent Act against the order dated 01.02.2012 passed in M.P.(MD) Nos.1 and 2 of 2012 in W.P.(MD) No.7482 of 2011 on the file of this Hon'ble Court.JUDGMENT(Judgment of the Court was delivered by N.PAUL VASANTHAKUMAR,J.)1. This Writ Appeal is filed against the common order of the learned Single Judge, made in M.P.(MD) Nos.1 and 2 of 2012 in W.P.(MD) No.7482 of 2011 dated 01.02.2012.2. In M.P.(MD) No.1 of 2012, the respondent herein prayed for a direction to the appellants herein to pay the respondent and his children a sum of Rs.5,00,000/- as interim compensation for the sufferings and in M.P.(MD) No.2 of 2012, the respondent has prayed for transferring the petitioner's wife from the Government Rajaji Hospital to Appollo Speciality Hospital, Madurai or any other Speciality Hospital and the appellants herein may be directed to bear all the expenses incurred in giving treatment to the respondent's wife. Direction was issued in ...
P.Sivaji Poosari Vs. the Commissoner
Court: Chennai
Decided on: Feb-10-2012
Writ Petition (MD).No.4364/2009 is filed under Article 226 of the Constitution of India praying for issue of a writ of Certiorari to call for the records relating to the order of the 1st respondent made in D.Dis.R.P.35/2008 D2 dated 3.4.2009 which was delivered to the petitioner on 12.5.2009 confirming that part of the order of the 2nd respondent permitting the 3rd respondent to file an application under Section 64(1) of the H.R.&C.E. Act made in R.C.8881/2007/B1/20.6.2008 and quash the same.Writ Petition (MD).No.4365/2009 is filed under Article 226 of the Constitution of India praying for issue of a writ of Certiorari to call for the records relating to the proceedings of the 1st respondent made in R.Dis.A.P.34 of 2008 D2 dated 3.4.2009 which was delivered to the petitioner on 12.5.2009 reversing the order of the 2nd respondent, directing the 3rd respondent to approach the Civil Court made in R.C.8881/2007/B1/dated 20.6.2008 and quash the same.ORDER1. Both these Writ Petitions...
Sulochana Vs.
Court: Chennai
Decided on: Feb-10-2012
Appeal against the judgement and decree dated 29.8.2007 passed by the Principal District Court at Perambalur, in O.S.No.1 of 2004.JUDGMENT1. This appeal is focussed by the plaintiffs in the suit, as against the judgement and decree dated 29.8.2007 passed by the Principal District Court at Perambalur, in O.S.No.1 of 2004, which was one for partition.2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.3. The facts giving rise to the filing of this appeal, as stood exposited from the records, could succinctly and precisely be set out thus:(i) The appellants herein, as plaintiffs filed the suit as against the sole defendant, seeking partition in respect of the two schedules of properties, with the following prayer:(i) to pass a preliminary decree for partition and separate possession of plaintiffs' 19/24 share in 'A' Schedule property.(ii) To declare 1st plaintiff's = share in 'B' Schedule property.(...
A.Anjaladevi Vs. the Block Development Officer
Court: Chennai
Decided on: Feb-10-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, call for the records relating to the proceedings of the second respondent in his proceeding No.7 dated 21.12.2001 and quash the same.O R D E R1. This Writ Petition is filed praying to issue a Writ of Certiorari, call for the records relating to the proceedings of the second respondent in his proceeding No.7 dated 21.12.2001 and quash the same.2. The petitioner was appointed as Panchayat Clerk of the second respondent Panchayat, Manamadurai Union, by the first respondent in proceeding Na.Ka.B.4/3329/2001 dated 17.8.2001. The appointment was consequent to the vacancy that arose after retirement of one Shanmugasiva, who retired on 30.7.2001. This was based on resolution No.13 dated 6.8.2001 of the panchayat. Petitioner was working as a clerk in the said panchayat. All of sudden, by the impugned proceedings dated 21.12.2001, petitioner was temporarily removed from service. Petitione...
D.Rajalingam Vs. the Government of Tamil Nadu
Court: Chennai
Decided on: Feb-10-2012
Writ Petition in W.P.No.34693 of 2002 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records and quash the order of the first respondent in Letter No. 988/G/2000-1 dated 21.6.2000 rejecting the appeal filed by the petitioner confirming the order of the second respondent made in ARC No. 1971/1991 dated 28.10.1998. Writ Petition in W.P.No.34694 of 2002 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records and quash the order of the first respondent in Letter No. 993/G/2000-1 dated 22.6.2000 rejecting the appeal filed by the petitioner confirming the order of the second respondent made in ARC No. 990/1992 dated 10.11.1998.Writ Petition in W.P.No.34842 of 2002 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records and quash the order of the first respondent in Letter No. 991/G/2000-1 dated 30.5.2000 rejecting th...
Winergy Drive Systems India Pvt Vs. Assistant Commercial Tax Officer
Court: Chennai
Decided on: Feb-10-2012
Prayer in W.P.No.3004 of 2012: Petition filed seeking for a Writ of Certiorari to call for the records of the case from the file of the first respondent herein, quash the impugned detention notice of the first respondent in GD No.5295/2011-12 dated 01.02.2012 served on 2.2.2012 detaining the petitioner's goods. Prayer in W.P.No.3005 of 2012: Petition filed seeking for a Writ of Certiorari to call for the records of the case from the file of the third respondent herein, quash the impugned detention notice of the first respondent in GD No.5295/2011-12 dated 2.2.2012 detaining the petitioner's goods.C O M M O N O R D E R1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate for taxes, appearing on behalf of the respondent.2. By consent of both the parties, these writ petitions are taken up for final disposal.3. In view of the similar orders passed by this Court, in a number of writ petitions, including the order, dated 21.12.2010, made in W.P.No.2905...
Tancof Vs. Mr.David Karunakaran
Court: Chennai
Decided on: Feb-10-2012
Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari, to call for the records of the Labour Court, Cuddalore, relating to the award passed in I.D.No.77 of 2002, dated 24.03.2007, and to quash the same.O R D E R1. The petitioner is the Liquidator of Tamil Nadu Cooperative Oilseeds Growers Federation Ltd., (for short 'TANCOF'). In this Writ Petition, the Liquidator has challenged the award passed by the Labour Court, in I.D.No.77 of 2002, dated 24.03.2007. By the impugned award, the Labour Court set aside the termination of the first respondent, directing his reinstatement with backwages.2. It is the claim of the first respondent that he was working as an Assistant in the petitioner-TANCOF from the year 1990. But, however, by order dated 1.8.2001, he was terminated from service, contrary to the principles of natural justice. As against the order of removal from service, the petitioner raised an Industrial Dispute, before the Conciliati...
Tamil Nadu Pattathari Vs. the State of Tamil Nadu
Court: Chennai
Decided on: Feb-10-2012
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 relating to G.O.(Ms)No.181, School Education (C2) Department, dated 15.11.2011 passed by the first respondent and quash the same insofar as it prescribes Teacher eligibility test for persons who have already completed certificate verification conducted by the Teachers Recruitment Board for appointment as BT Assistants is concerned and consequently to direct the respondents 1 and 2 to appoint the members of the petitioners Association as BT Assistant on the basis of the statewide employment seniority as has been done in the case of secondary grade teachers.ORDER1. This writ petition is filed by an Association known as Tamil Nadu Pattathari Asiriyargal Velaivaippu Sangam (Tamil Nadu Graduate Teachers Employment Opportunity Association) represented by its Secretary. In this writ petition, the Association has challenged on behalf ...
Marakkal Vs. the Superintending Engineer
Court: Chennai
Decided on: Feb-10-2012
Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 03.03.1999 made in A.S.No.109 of 1998 on the file of Sub-Court, Bhavani, Erode District, confirming the Judgment and Decree in O.S.No.370 of 1990 on the file of the Additional District Munsif Court, Bhavani, dated 05.08.1998.J U D G M E N T1. The Appellant/Plaintiff has projected this Second Appeal as against the Judgment and Decree dated 03.03.1999 in A.S.No.109 of 1998 on the file of the Sub-Court, Bhavani, Erode District in confirming the Judgment and Decree dated 05.08.1998 in O.S.No.370 of 1990 on the file of the Additional District Munsif Court, Bhavani.2. The First Appellate Court, while passing the Judgment in A.S.No.109 of 1998 (filed by the Appellant/Plaintiff) on 03.03.1999 has opined that 'without prejudice to the right of the Appellant/Plaintiff in any manner', the electricity connection from Service Connection No.60 has been given to the 3rd Respondent/3rd Defendant's another Well and for g...
V.S.Murugan Vs. the Indian Overseas Bank
Court: Chennai
Decided on: Feb-10-2012
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 from the file of the 4th respondent made in No.SLM/RECY/EC-15/63-5613, dated 16.12.2011 addressed to the first respondent, copy of which marked to the petitioner, quash the same and to further direct the fourth respondent to furnish the breakup details and relevant documents pertaining to the proceedings quantifying the interest to the tune of Rs.37,09,722/- as noted in the proceedings dated 18.1.2008 and subsequently to Rs.90,37,307/- as noted in the show cause notice dated 16.12.2011 and to forbear the fourth respondent from taking any coercive action against the first respondent to recover the aforenoted interest amount and also from taking any action against the petitioner without furnishing the breakup details as requested by the petitioner vide his letters dated 24.12.2011 and 11.01.2012.ORDER1. This writ petition is fil...