Chennai Court February 2012 Judgments
K.Senkamarai Selvi Vs. the Additional Asst. Elementary Educational Off ...
Court: Chennai
Decided on: Feb-29-2012
PRAYER: This petition came to be numbered by transfer of O.A.No. 6929 of 2001 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the order of the Additional Asst. Elementary Educational Officer, Memalaiyanur, Villupuram District, in Na.Ka.No.929/A1/97 dt.03.09.2001.O R D E R1. The petitioners, being aggrieved by the order passed by the respondent to recover the incentive increment with retrospective effect, have invoked the extraordinary writ jurisdiction of this Court.2 The petitioners were appointed as Secondary Grade Teacher in the year 1988. All the petitioners had qualification of teacher training and on the recommendation of V Pay Commission, the petitioners were granted advance increment in view of additional qualification held by them.3 The State of Tamil Nadu, thereafter issued a letter stating therein that incentive increment was not available for the teachers training qualification to the teachers recruited a...
Tag this Judgment!Ms.Sueera Alloys Global Pvt. Ltd Vs. the Additional Commissioner of Cu ...
Court: Chennai
Decided on: Feb-29-2012
Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus, calling for the records relating to the Miscellaneous order No.04/2012-CEx in A.49/2011-CEx. Dated 14.2.2012, passed by the 2nd respondent and quash the same as arbitrary and unsustainable in law and further direct the 2nd respondent to dispose of the appeal of the petitioner, A.No.49/2011, on merits without insisting any deposit on any amount by the petitioner.O R D E R1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for 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 the petitioner would deposit 25% of the total amount payable by the petitioner, as duty and penalty, as pre-deposit, for the hearing of the appeal, in Appeal No.49/2011, pending on the file of the second respondent.3. The learned counsel appearing on behalf of the first respondent had no objection for this Court ...
Tag this Judgment!S.Krishna Kumar Vs. the Home Secretary
Court: Chennai
Decided on: Feb-28-2012
Prayer: Writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ in the nature of Mandamus, forbearing the respondent authorities from harassing the petitioner and his family members in respect of the civil liabilities arising out of his partnership business viz. M/s.Current Trends having office at 28/15 Indira Nagar Avinashi Road Tiruppur Tiruppur District-641 603.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Prohibition, restraining respondent nos. 5 & 6 from harassing the petitioner, regarding civil dispute between the parties.2. The petitioner is a partner of M/s.Current Trends, carrying on business of manufacturing of readymade garments and is exporting it to various countries throughout the world. The petitioner is in business since 1995.3. The case of the petitioner is that till March 2010, there was no default on the part of petitioner to meet the liabilities of the supp...
Tag this Judgment!Velayutham Vs. Gulam Moideen
Court: Chennai
Decided on: Feb-28-2012
Second Appeal filed under section 100 of CPC against the Judgment and decree dated 30.01.2009 passed in Appeal Suit No.12 of 2007 by the Principal District Court, Thanjavur confirming the Judgment and decree dated 11.12.2006 passed in Original Suit No.11 of 2003 by the Principal Sub Court, Thanjavur.JUDGMENT1. Challenge in this second appeal is to the concurrent Judgments and decrees passed in Original Suit No.11 of 2003 by the Principal Sub court, Thanjavur and in Appeal Suit No.12 of 2007 by the Principal District Court, Thanjavur.2. The appellants herein as plaintiffs have instituted Original Suit No.11 of 2003 on the file of the trial Court for the reliefs of specific performance and perpetual injunction, wherein the present respondents have been shown as defendants.3. The materials averments made in the plaint are that the defendants have made arrangements to covert the suit items 1 and 2 as house sites for the purpose of selling the same. The first defendant with regard to first ...
Tag this Judgment!Mr.G.Venkatesan Vs. the Secretary to Government
Court: Chennai
Decided on: Feb-28-2012
Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 to 5 to initiate appropriate action against the 6th respondent as per the petitioner's representation, dated 27.07.2011 against the Katta Panchayat order of Social Boycott of the petitioner and his family and to restore water supply connection to the petitioner's residence, situated at Sekkumedu Village, Vaniyambadi Taluk, Vellore District.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a Writ, in the nature of Mandamus, directing the respondents 1 to 5 to initiate appropriate action, against the 6th respondent, as per the petitioner's representation, dated 27th July, 2011, against the Katta Panchayat order of Social Boycott of the petitioner, and his family and to restore water supply connection to his residence.2. The petitioner is a native of Sekkumedu Village and is residing with his family, comprising of, his wife a...
Tag this Judgment!Ms.Saketh India Limited Vs. the Deputy Director of Geology
Court: Chennai
Decided on: Feb-28-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to forbear from interfering with the petitioner's right to transport the quarried granite on payment of necessary seigniorage in respect of Government quarry lands measuring 1-28-5 Hectares comprised in Survey No.30 (Part), situated in Panchapalli Village of Palacode Taluk, Dharmapuri District till the disposal of the petitioner's renewal application dated 05.10.2001.O R D E R1. Heard the learned counsels appearing for both sides.2. This writ petition has been filed praying for the issuance of a writ of Mandamus to direct the respondents to forbear from interfering with the petitioner's right to transport the quarried granite on payment of necessary seigniorage, in respect of the Government quarry, comprised in Survey No.30 (Part), situated in Panchapalli Village of Palacode Taluk, Dharmapuri District, till the disposal of the petitioner's ...
Tag this Judgment!Subbukutti Vs. the Superintendent of Police.
Court: Chennai
Decided on: Feb-28-2012
Prayer: Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus, forbearing the respondents 1 to 4 from proceeding with the enquiry pursuant to the summons dated Nil issued by the 2nd respondent on the complaint lodged by the 5th respondent relating to the land comprised in S.No.485/C Soorianallur Village in Dharapuram Taluk, Tirupur District.O R D E R1. The petitioners have approached this Court with a prayer for issuance of a writ in the nature of Prohibition, restraining respondent respondents 1 to 4 from entertaining or proceeding with the complaint filed by respondent no.5, alleging land grabbing by petitioners.2. It is not disputed that respondent no.5 had filed civil suit No. 424 of 2008 in the Court of District Munsif Court, Dharapuram, for recovery of possession, and for mandatory injunction in respect of land, measuring 0.33 acres.3. The prayer made in the civil suit is for recovery of possession, thereby admitting that petitioners are in p...
Tag this Judgment!The Accountant General Vs. S.Natarajan and ors.
Court: Chennai
Decided on: Feb-28-2012
JUDGMENT1. (Judgment of the Court was made by CHITRA VENKATARAMAN,J.) The Accountant General is the appellant in this writ appeal filed against the order of the learned Single Judge dated 31.08.2010 in W.P.(MD)No.949 of 2008.2. The writ petitioner/first respondent in the writ appeal sought for a Writ of Certiorarified Mandamus to quash the proceedings of the appellant herein dated 21.11.2005 and consequently, direct the appellant herein as well as the Tahsildar, Adi Dravidar Welfare - second respondent herein to pay the pension and DCRG as per G.O.Ms.No.160, dated 23.08.2005 to the writ petitioner.3. The first respondent/writ petitioner retired as a Special Grade Assistant Teacher on 30.06.2000. Admittedly, the first respondent/writ petitioner was working as Primary School Headmaster on 01.06.1988 and thereafterwards, he joined another Panchayat Elementary School as Secondary Grade Teacher on 09.07.1989 and he attained superannuation on 30.06.2000.4. The appellant herein received the p...
Tag this Judgment!Mr.G.Vairam Vs. the Divisional Engineer
Court: Chennai
Decided on: Feb-28-2012
Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records, pertaining to an order made in Se.Mu.Ka.No.3357/2010-11/A2, dated 15.6.2011, passed by the first respondent and to quash the same and consequently, to direct the first respondent, to permit the petitioner to run the petty shop, near the gate of Salem Mohan Kumaramangalam Government Hospital, Salem.O R D E R1. The petitioner has approached this Court, with a prayer for issuance of a Writ, in the nature of Certiorari, to quash the allotment order, dated 15th June, 2011, passed by the first respondent, vide which, third respondent has been allowed to run a petty shop.2. The Writ Petition prima facie is misconceived, as the petitioner does not have locus standi to challenge, the allotment in favour of the third respondent, in view of the fact that the petitioner has also been allotted alternate site, in lieu of the previous site, held by him, vide...
Tag this Judgment!R. Ravivarmaraja Vs. the Director of Medical and Rural
Court: Chennai
Decided on: Feb-28-2012
Prayer: Petition under Article 226 of the Constitution of India praying to issue a writ of Certiorari, to call for the records in connection with the files related to the petitioner regarding the proceedings issued in Ref.No.36645/ESI/SC/2/98 dated 31.01.2001 by the Director of Medical and Rural Health Service (ESI) Chennai 6 and quash the same.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order dated 31.01.2001, imposing punishment of stoppage of one increment with cumulative effect.2. The petitioner joined the department as Junior Assistant and was promoted as Assistant and posted to ESI Begampur, Dindigul District. The petitioner joined the new place of posting as Assistant and proceeded on 20 days leave. The petitioner thereafter extended his leave. The petitioner was referred to Medical Board at Headquarters Hospital at Dindigul. He was declared medically fit to assume duty on 28.06.1994.3. The p...
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