Chennai Court March 2012 Judgments
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Surya Vs. Pakkirisa
Court: Chennai
Decided on: Mar-02-2012
Prayer in CRP No.1235 of 2006: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure against the order dated 24.3.2006 in I.A.No.266 of 2004 in I.A.No.223 of 2004 in O.S.No.138 of 2004 on the file of Principal District Judge Cuddalore. Prayer in CRP No.1236 of 2006: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure against the order dated 24.3.2006 in I.A.No.269 of 2005 in I.A.No.927 of 2002 in O.S.No.99 of 2005 on the file of Principal District Judge Cuddalore. Prayer in CRP No.1579 of 2006: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 24.3.2006 in I.A.No.39 of 2005 in O.S.No.138 of 2004 on the file of Principal District Judge, Cuddalore. COMMON ORDER1. Since the issue involved in all these revision petitions are common and relate to a trust called Deivasigamani Pillai Sadavarthy Charity Trust, these revisions were heard together and are disposed of by this common order.2. C.R...
Tmt.Kanniammal Vs. the Village Administrative
Court: Chennai
Decided on: Mar-02-2012
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 consider the representation of the petitioner dated 15.11.2011 and subsequent Legal Notice dated 5.1.2012 and pass appropriate orders in furtherance of the receipt of the Land Tax for the dry land of the petitioner found in Survey No.2/12, of Kabu Kandigai Village, Tiruttani Taluk, Tiruvellore District.ORDER1. Mr.M.L.Mahendran, the learned Government Advocate, takes notice for the respondents.2. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the second respondent is directed to dispose of the representation, dated 15.11.2011, on merits and in accordance with law, within a specified period.3. The learned Government Advocate appearing on behalf of the respondents, has no objection for such an order being passed by this Court.4. In view of the submi...
Jamia Masjith Vs. the District Collector
Court: Chennai
Decided on: Mar-02-2012
Writ petition is filed under Article 226 of Constitution of India for the issuance of writ of certiorarified mandamus calling for the entire records in connection with the rejection order in letter No.Mu.Mu.Q.19945/11 dated 15.07.2011 issued by the 1st respondent and quash the same and forbear the 5th respondent from erecting any construction in the pathway used by the Muslim community people to carry dead bodies to the burial ground comprised in Survey No.220/A, Kalavai village, Arcot Taluk.O R D E R1. Petitioner prays for issuance of writ, in the nature of certiorari, to quash the order 15.07.2011, passed by the District Collector, with a further prayer for injunction restraining the 5th respondent from raising any construction in the pathway used by the Muslim community people, to carry dead bodies to the burial ground comprised in Survey No.220/A, Kalavai village, Arcot Taluk.2. The submission of the petitioner is that vide Gazette Notification dated 11.02.1959, land in S.No.220/A,...
Mr.Selvanayagam Vs. the Secretary to Government
Court: Chennai
Decided on: Mar-02-2012
Prayer in 26569/2011: Writ petition is filed under Article 226 of Constitution of India for the issuance of a Wit of Certiorarified Mandamus, calling for the records relating to the Charge Memo issued by the 1st respondent the Agricultural Production Commissioner and Secretary to Government Chennai-9 in i) Govt. Letter No. 3963/AA2/2006-17 Agriculture (AA2) Department dated 27.07.2010 (Chettipatty PACB) ii) Govt. Letter No. 29144/AA2/2005-20 Agriculture (AA2) Department dated 27.07.2010 (Thennangudi North PACB) iii) Govt. Letter No. 38817/AA2/2005-19 Agriculture (AA2) Department dated 27.07.2010 (Peravurani PACB) iv) Govt. Letter No. 39045/AA2/2005-23 Agriculture (AA2) Department dated 30.09.2010 (Paingal PACB) v) Govt. Letter No. 29146/AA2/2005-20 Agriculture (AA2) Department dated 01.10.2010 (Narthamalai PACB) quash the same as illegal issued by the Government after inordinate delay of 10 years without there being any proper explanation for the same, consequently direct the responden...
B.Vijaya Vs. Subbiah Reddiar
Court: Chennai
Decided on: Mar-02-2012
Appeal filed under Section 100 of C.P.C. against the judgment and decree made in A.S.No.142 of 1986 dated 31.7.2003 passed by the Principal Subordinate Judge, Villupuram confirming the judgment and decree made in O.S.No.956 of 1984 dated 21.1.1986 passed by the Principal District Munsif Villupuram.JUDGMENT1. This appeal is directed against the judgment and decree passed by the First Appellate Court in A.S.No.142 of 1986 in confirming the judgment and decree passed by the trial Court in O.S.No.956 of 1984 dated 21.10.1986, since the said appeal was remanded by this Court in the judgment made in Second Appeal.No.497 of 1988 dated 16.7.2001 after setting aside the judgment and decree passed by the then first appellate Court dated 14.9.1987, in allowing the appeal.2. The appellants herein were the legal representative of the deceased plaintiff S.Balu and the respondent was the defendant before the trial Court.3. The case of the plaintiff before the trial Court as stated in the plaint are a...
Mr.S.Jagadeesan Vs. the Tamil Nadu Electricity Board
Court: Chennai
Decided on: Mar-02-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to adopt the method of calculation of gratuity of the petitioner in accordance with the calculation provided under the Payment of Gratuity Act 1972, and pay the petitioner the difference in gratuity amounting to Rs.23,481/- with interest from the date the same has become due.ORDER1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to adopt the method of calculation of gratuity of the petitioner in accordance with the calculation provided under the Payment of Gratuity Act 1972, and pay the petitioner the difference in gratuity amounting to Rs.23,481/- with interest from the date the same has become due.2. Though the writ petition has been filed for the relief as above, learned counsel for the petitioner pleads that a similar issue was considered by this Court and an order has been passed in W.P.(MD)No.33...
Ms.PolyspIn Exports Ltd Vs. Union of IndiA.
Court: Chennai
Decided on: Mar-02-2012
Both Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring that this petitioner is legally and lawfully entitled to employ women workers in all these three shifts including the night shifts.COMMON ORDER1. Both Writ Petitions are filed praying to issue a Writ of Declaration declaring that the petitioner is legally and lawfully entitled to employ women workers in all the three shifts including the night shifts.2. The prayer in the writ petitions is vague and misconceived. However, the grounds raised in the writ petitions reveal that the petitioner management is aggrieved by Section 66(1)(b) of the Factories Act, 1948 which imposes certain restrictions on women workers employed in industrial units. That was challenged by one Smt.R.Vasantha in W.P.Nos.4604 to 4606 of 1999 batch and E.Padmanabhan,J, in a common judgment reported in 2001-II LLJ 843 declared Section 66(1)(b) of the Factories Act, 1948 as unconstitutional and v...
P.Muniyasamy Vs. the State
Court: Chennai
Decided on: Mar-02-2012
PrayerCriminal Revision case filed under Section 397 r/w. Section 401 Cr.P.C., praying this Court to call for the records in C.A.No.12 of 2011, dated 21.09.2011, on the file of the Principal Sessions Judge, Ramanathapuram which is confirmed by the judgment passed in C.C.No.16 of 2010, dated 29.06.2011, on the file of the Chief Judicial Magistrate, Ramanathapuram and to set aside the same.ORDER1. This Criminal Revision Case has been preferred against the judgment of the appellate court,namely the Principal Sessions Judge, Ramanathapuram, dated 21.09.2011 pronounced in C.A.No.12 of 2011, on the file of his Court, confirming the judgement pronounced by the Chief Judicial Magistrate, Ramanathapuram, dated 29.06.2011, in C.C.No.16 of 2010, both in respect of conviction and in respect of sentence.2. The petitioner, who figured as the sole accused stood charged for the offence under Section 304-A I.P.C based on the allegation that on 29.04.2008 at about 22.30 hours, he drove the Tractor beari...
Mr.Ravi Vs. Mr.Karunamurthy
Court: Chennai
Decided on: Mar-02-2012
Civil Revision Petition filed under Section 115 of the Civil Procedure Code, against the order passed by the Chairperson cum Assistant Commissioner (Revenue Court) Cuddalore, in C.T.P.No.18 of 2010, dated 12.09.2010 signed on 12.09.2011, under the provisions of the Tamilnadu Cultivating Tenants' Protection Act, 1955.O R D E R1. The respondent/tenant in C.T.P.No.18 of 2010, on the file of the Revenue Court, Cuddalore, is the revision petitioner herein.2. The landlords, viz., respondents herein has filed the above petition, seeking eviction of the revision petitioner, who is admittedly, their cultivating tenant, on the ground that the revision petitioner has failed to pay arrears of rent, despite the judgment and decree passed in O.S.No.63 of 2006.3. While ordering eviction, the Presiding Officer of the Revenue Court, Cuddalore, without following the provisions of Section 3 (4) (b) of the Tamil Nadu Cultivating Tenants' Protection Act, 1955 ( hereinafter referred to as 'the Act') ordered...
M.Kulanthaivelu Vs. the Principal Secretary to the Government.
Court: Chennai
Decided on: Mar-02-2012
PRAYER in W.P.(MD)No.13178 of 2011Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in G.O.Ms.No.160, Environment and Forest (FR-14) Dated 26.11.2009 issued by the first respondent published in the Tamil Nadu Government Gazette on 28.04.2010 and quash the same as illegal insofar as it relates to the petitioner's lands in Survey Nos.750/1,2,3 & 4 and Survey Nos.753/1A1, 2,1B,1C,1D,753/3,4A, 4B and 753, 1F, Bodi North Hills Village, Bodinayakkanur Taluk, Theni District and consequentially to forbear the respondents from in anyway interfering into the petitioners right to hold such lands.PRAYER in W.P.(MD)No.7970/2010: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from in anyway taking possession of our patta lands of the petitioner and his family members ...
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