Chennai Court April 2012 Judgments
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M.J.Leela Vs. the Commissioner and Secretary to Government
Court: Chennai
Decided on: Apr-19-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Mandamus to direct the respondent to grant special grade with effect from 01.04.1987 as per G.O.281 Finance dated 02.04.1987 and fix the salary as per G.O.91 dated 26.02.1997 by considering the representation dated 27.12.1999.1 and 2 to absorb theO R D E R1. The petitioner joined as Health Visitor in the department of Health & Family Welfare on 08.04.1963, and after rendering 34 years of service, retired, on attaining the age of superannuation on 30.05.1996.2. The salary of Health Visitors was fixed at Rs.705/-, which was revised to Rs.1350 - 2200/-. The pay scale was granted to petitioner on the representation filed by Health Visitor Association, pointing out that the cadre of Health Visitor is unified cadre of Health Supervisor (female) / Sector Health Nurses under the Multi Purpose Health workers scheme, therefore, the scale of pay for Health Visitor and Sector Health Nurse sh...
A.Sivakumar Vs. Joint Commissioner of Police
Court: Chennai
Decided on: Apr-19-2012
This writ 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 punishment order issued by the second respondent herein in his proceedings P.R.No.38/PR.II/CZ/2006 dated 30.6.2009 and confirmed by the first respondent in his proceedings P.R.No.38/PR.II/CZ/2006, CZO.No.767/2009 dated 7.10.2009 and quash the same and consequently direct the respondents to grant all consequential service and monetary benefits.O R D E R1. Heard the learned counsels appearing for both sides.2. This writ petition has been filed praying that this Court may be pleased to call for and quash the impugned order of the second respondent, dated 30.6.2009, and confirmed by the first respondent, in his proceedings, dated 7.10.2009, imposing the punishment of dismissal from service, on the petitioner.3. It has been stated that the petitioner had joined the Police Department, as a police constable, o...
Mrs.K.Seetha Vs. the District Collector
Court: Chennai
Decided on: Apr-19-2012
PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondent's order bearing Na.Ka.G.M.1/277/2011, dated 01.07.2011, quash the same and direct the respondent to issue transport permits on payment of necessary seigniorage to transport the total quantity of 1,778.948 cbm of marketable granite quarried during the currency of the lease and now lying at the said quarry lands measuring 2.29.5 hectares, comprised in Survey Nos.17/9A, 9B, 10A, 18/9, 10,19/4,6,7,8,12 (part) and 460/13 (part) situated in Keelamangalam and Pasuvanthanai Villages, Ottapidaram Taluk, Thoothukudi District.ORDER1. By consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for final disposal.2. The brief facts, which are necessary for the disposal of the above Writ Petition, are set out hereunder:(a) The petitioner was granted a granite quarrying lease by the Gove...
Radhakrishnan Vs. State of Tamil Nadu Rep by Its Secretary,
Court: Chennai
Decided on: Apr-19-2012
HCP No.1856 of 2009:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents to produce the detenu N.K. Gopal @ Kannan @ Mani, S/o Kolanthai Gounder, aged 52 years, Convict No.7298 now confined in Central Prison, Salem before this Court and set him at liberty.HCP No.862 of 2010:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents to produce the detenu Radhakrishnan, S/o Periannan, now confined at Central Prison, Salem before this Court and set him at liberty.COMMON ORDERG.M. AKBAR ALI,J.,HCP No.1856 of 2009:1. The detenu in HCP in 1856 of 2009 is a convict now confined in the Central Prison, Salem. He was arrested on 5.3.1974 and sentenced to death by the trial court and on appeal, the same was commuted to life imprisonment on 7.1.1976 by this court. He is also undergoing a sentence for an offence under Sec.307 IPC whi...
R.Venkatesan Vs. the Divsional Engineer
Court: Chennai
Decided on: Apr-19-2012
PRAYER:This petition came to be numbered by transfer of O.A.No. 7818 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 passed by the first respondent vide Se.Mu.Ka.No.3867/2001/Aaaa.4 dated 15.10.2001 and direct the respondents to reinstate the petitioner in service as Road worker with all consequential benefits.O R D E R1. The petitioner passed V Std. and after verification of his original certificate, was appointed as Road Worker (Salai Paniyalar) by the respondent on 13.04.1998 on a consolidated pay of Rs.1000/- (Rupees one thousand only). The petitioner successfully completed training and given appointment in the time scale of Rs.2550/- (Rupees two thousand five hundred and fifty only) on 19.04.1999.2. The petitioner served with the impugned order dated 15.10.2001 terminating his service on the ground that V Std. Pass certificate submitted by the petitioner was bogus.3. The translated copy of the ...
Ms.CaplIn Point Laboratories Limited Vs. the Deputy Commissioner of In ...
Court: Chennai
Decided on: Apr-19-2012
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking the relief of issuance of writ of mandamus to forbear the 1st and 2nd respondents from initiating and or continuing any recovery proceedings for recovery of the disputed demand relating to the assessment year 1995-96 in respect of which an appeal and stay petition are pending before the 5th respondent, pending disposal of the said appeal and the petition for stay by the said respondent.ORDER1. The Writ Petition is filed seeking the relief of issuance of writ of mandamus to forbear the 1st and 2nd respondents from initiating and or continuing any recovery proceedings for recovery of the disputed demand relating to the assessment year 1995-96 in respect of which an appeal and stay petition are pending before the 5th respondent, pending disposal of the said appeal and the petition for stay by the said respondent.2. The petitioner is engaged in the manufacture and sale of pharmaceutical products. Relevant as...
A.Mohammed Musthafa Vs. A.Abdul Majid and ors.
Court: Chennai
Decided on: Apr-19-2012
B. Rajendran, J1. This writ appeal has been filed against the order passed by the learned Single Judge directing the Chief Executive Officer, Tamil Nadu Wakf Board to appoint an interim Muthavalli in the light of the order passed by this Court dated 08.03.2010 in C.R.P.(PD) (MD)No.304 of 2009 .2. According to the appellant, the writ petition filed at the instance of the third party who was not a party to the Civil Revision Petition and who has not made any representation by himself, is not maintainable. According to him, instead of the writ petitioner one Janab T. Basha Bai and other Muslim Jamathars submitted a mahazar before the second respondent Chairman of the Tamil Nadu Wakf Board to appoint an interim Muthavalli, whereas the writ petitioner has not given any representation and the writ petition filed at his instance is not maintainable.3. At the time of admission, we have heard the appellant counsel.4. It is made very clear that the appellant was a party to the Civil Revision Pet...
Nadar Saraswathi Higher Vs. the Chief Educational Officer and anr.
Court: Chennai
Decided on: Apr-19-2012
PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of certiorarified Mandamus, calling for the records relating to the order passed by the 2nd respondent in his proceedings m.jp.K.3129/ m B/2011 dated 21.09.2011 and quash the same as illegal and consequentially to direct the 2nd respondent to approve the appointment of Mr.K.Logeshwaran as Physical Education Teacher (PET) with effect from 22.08.2011 within the period that may be stipulated by this Court.ORDER1. The petitioner is an aided Higher Secondary School. The total strength of students in the school is 4488 and the Higher Secondary section alone has 1014 students among 4488. There are two Physical Education Teachers and one Physical Education Director employed by the School, apart from one Mr.Logeshwaran, who was appointed on 02.09.2011 in the sanctioned post.2.The petitioner sought for approval of the appointment of said Logeshwaran. But, the second respondent returned the same on...
S. Esaki Pandian Vs. the General Manager and ors.
Court: Chennai
Decided on: Apr-19-2012
ORDER1. The prayer in this Writ Petition is to declare the appointment of 200 candidates of the Tuticorin District for the post of Conductor in the first respondent Transport Corporation, by the first respondent in the month of August 2010 as null and void and consequently to direct the respondents 1 and 2 to fill up the said 200 vacancies for the post of Conductor with the aspirant of Tirunelveli District.2. It is to be noted that those 200 candidates are not impleaded as necessary parties to the writ petition. In view of non-joinder of necessary parties, this writ petition is not maintainable.3. Accordingly, this writ petition is dismissed. However, there will be no order as to costs.To1. The District Employment Officer, Tirunelveli District, Tirunelveli.2. The District Employment Officer,...
P.Manivasagam Vs. the District Collector
Court: Chennai
Decided on: Apr-19-2012
Prayer: Writ Petition came to be numbered under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents forbearing their men, agents and subordinates from any manner interfering with the petitioner's peaceful possession and enjoyment of all that piece and parcel of property, measuring 5 acres in S.No.357/2A1, and 79 acres in S.No.357/2B1, together with 5 HP motor pumpset in Vepilaimuthampatti Village, Dharmapuri Taluk and District, as per Patta No.1043, except by due process of law and pass such further or other orders.O R D E R:1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of mandamus forbearing the respondent No.1, 2 and 3, District Collector, Revenue Divisional officer and the Tahsildar from interfering with the peaceful possession of the petitioner.2. The averments made in the supporting affidavit, reads as under:"1. I am the petitioner herein.2. I humbly submit that I am the absolute owner i...
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