Chennai Court April 2012 Judgments
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R.Sivaprakasam Vs. the Director of Backward Classes
Court: Chennai
Decided on: Apr-11-2012
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent herein inNa.Ka.No.23234/2011/PNal dated 22.7.2011 and quash the same directing the second respondent to hand over the key of he premises bearing Door No.77, Gandhi Road, Thiruvallur Town, Thiruvallur District.O R D E R1. The petitioner has approached this Court for an issuance of writ petition in the nature of certiorari with consequential relief of issuance of writ in the nature of mandamus, calling for the records of the second respondent herein inNa.Ka.No.23234/2011/PNal dated 22.7.2011 and quash the same, and further directing the second respondent to hand over the key of he premises bearing Door No.77, Gandhi Road, Thiruvallur Town, Thiruvallur District.2. In support of the petition, the affidavit filed reads as under:2. I most respectfully submit that the property bearing Door No.77, Gandhi Road,...
P.Arokiam Vs. the Director of School Education
Court: Chennai
Decided on: Apr-11-2012
Prayer :Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records relating to the order of the 1st respondent in Na.Ka.No.94373/A5/E1/2007 dated 5.12.2007 and quash the same and consequently direct the respondents to regularize the service of the petitioner as Games Marker at 5th respondent school from 9.1.1995 and to pay time scale of pay from that date as per G.O.Ms.No.527 dated 30.12.1997 and absorb him as Office Assistant as per Government letter No.235 dated 23.11.2006 and also as per letter of 1st respondent in Na.Ka.No.07348-01-R8 dated 24.1.2007.O R D E R1. In this Writ Petition, the petitioner seeks to challenge an order passed by the Director of School Education dated 5.12.2007. By the impugned order, the Director of School Education informed the petitioner that he was appointed as a Marker by the 5th respondent St.Aloysius Higher Secondary school and paid Rs.300/- as salary from and out of special Sports Fun...
Ms.Amirthaalaksshmi Spinning Mills Private Limited, Vs. the Secretary ...
Court: Chennai
Decided on: Apr-11-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the third respondent's letter bearing Lr.No.A/Cs.Br/HT/A2/F.HT SC No.111/D.582-1/2012, dated 16.03.2012 issued for the petitioner, quash the same as being violative of the Tamil Nadu Tax on Sale or Consumption of Electricity Act, 2003 and also unconstitutional.O R D E R1. Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records of the third respondent's letter bearing Lr.No.A/Cs.Br/HT/A2/F.HT SC No.111/D.582-1/2012, dated 16.03.2012 issued for the petitioner, quash the same as being violative of the Tamil Nadu Tax on Sale or Consumption of Electricity Act, 2003 and also unconstitutional. 2. Mr.V.Jayaprakash Narayanan, learned Additional Government Pleader takes notice on behalf of the first respondent and Mr.S.K.Rameshwar, learned counsel takes notice on behalf of the respondents 2 and 3. By consent, the writ petition ...
Kumareswaran Vs. Subalakshmi
Court: Chennai
Decided on: Apr-11-2012
Civil Miscellaneous Appeals filed under Section 28 of Hindu Marriage Act and Section 19 of the Family Courts Act against the Common Order dated 27.06.2011 made in H.M.O.P.Nos.228 of 2007 and 79 of 2010 on the file of Family Court Judge, Madurai.COMMON JUDGMENT(Judgment of the Court was made by R.BANUMATHI)1. Appellant-husband filed H.M.O.P.No.228 of 2007 under Section 13 (1) (i-a) of Hindu Marriage Act seeking divorce on the ground of cruelty. Respondent-wife filed H.M.O.P.No.79 of 2010 under Section 9 of the Act seeking restitution of conjugal rights. By the common judgment dated 27.6.2011, divorce petition filed by the Appellant-husband came to be dismissed and the petition filed by the Respondent-wife came to be allowed. Being aggrieved by the common order, Appellant-husband preferred these appeals. 2. When the appeals came up for hearing, stating that they have compromised the matter, Appellant and Respondent have filed joint Me...
T.S.T.Company Pvt. Ltd. Vs. the Regional Transport Authority
Court: Chennai
Decided on: Apr-11-2012
Petition 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 of the 2nd respondent dated 04.02.2004 passed in Appeal No.1052 of 2003 confirming the order of the 1st respondent dated -/09/2003 passed in R.No.B1/5106/2002 and quash the same and to direct the 1st respondent to grant the renewal of the spare bus permit with condition to do peak hour service to the petitioner's vehicle bearing Regn. No. TN 45 C 1056 for the route "Trichy Junction to Srirangam" with shuttles between Srirangam and BHEL.Petition 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 of the 2nd respondent dated 04.02.2004 passed in Appeal No.976 of 2003 of 2003 confirming the order of the 1st respondent dated 14/08/2003 passed in R.No.A2/84656/90 and quash the same and to direct the 1st respondent to grant the renewal of ...
M.Muthuswami Vs. the Secretary to Government
Court: Chennai
Decided on: Apr-11-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of quo warranto to show cause as to how the third respondent holds the post of Director of Public Libraries and to direct the first respondent thereby declare the third respondent as unfit to continue in the post of Director of Public Libraries in view of lack of required educational qualification.ORDER1. Whether a Director of Public Libraries can be appointed without minimum qualification as per the statutory rules? is the question that arises for consideration in this writ petition.2. The writ petitioner filed the present writ petition for the issuance of writ in the nature of quo warranto to show cause as to how the third respondent is holding the office of the Director of Public Libraries when he is lacking even the minimum qualification prescribed for the said post.3. When the writ petition came up on 14.2.2011, on noticing that the petitioner has earlier filed a writ pet...
The Branch Manager Vs. K.Thangam
Court: Chennai
Decided on: Apr-11-2012
PRAYER Civil Miscellaneous Appeal and Cross objection are filed, against the award, dated 11.02.2008, made in WC.No.175 of 2006 on the file of the Deputy Commissioner for Workman Compensation, Dindigul.COMMON JUDGMENT1. While CMA is filed by the 2nd respondent insurer against the award of compensation in favour of the claimant, the Cross objection is filed by the claimant for enhancement of compensation.2. The parties are referred to as per their rank in the claim petition.3. The facts which are relevant for consideration herein are as follows : The claimant at 12.30pm on 02.12.2005 travelled in a mini lorry bearing Registration No.TN.57-D-3499 belonging to the 1st respondent and insured with the 2nd respondent along with soap material and one state transport corporation bus bearing Registration No.TN01-N-6196 was going in front of the same and the state transport bus driver suddenly stopped the bus, as a result, the mini lorry, which was going behind the bus dashed against the transpo...
Bhaskar Srinivasan Vs. the Revenue Divisional Officer,
Court: Chennai
Decided on: Apr-11-2012
Writ petition is filed under Article 226 of Constitution of India for issuance of a writ of mandamus to direct the 1st respondent to consider and pass orders on the appeal dated 16.03.2009 submitted by the petitioner against the orders of the 2nd respondent dated 22.12.2008 for the grant of patta in respect of the lands comprised in survey No.245/2, Pothur village, Ambatur Taluk, Tiruvallore District measuring to an extent of 1 Acre 36 cents, after affording opportunity of personal hearing to the petitioner and within a time fixed by this Hon'ble Court.O R D E R1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of mandamus, to direct the 1st respondent to dispose of the statutory appeal filed by the petitioner on 16.03.2009 against the order of 2nd respondent passed on application for the grant of patta.2. By way of Sale Deed dated 05.10.2006, registered as Doc.No.8642/ 2006 at S.R.O. Redhills, the petitioner had purchased the land measuring 1 ...
T.Vedhagiri Vs. the Joint Engineer,
Court: Chennai
Decided on: Apr-11-2012
Writ petition is filed under Article 226 of Constitution of India for issuance of a writ of mandamus directing the respondents to distribute fresh electricity connection in favour of the petitioner's name for the property situated at 2.26, Uurandakulam Street, Kalpakkam, Kanchipuram District, Pin- 603 102 subsequently considering the representation submitted by the petitioner dated 22.12.2010 pending before the 1st respondent.O R D E R1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of Mandamus, directing the respondents to take final decision on the application moved by the petitioner for grant of separate electricity connection, for the portion in possession of the petitioner as joint owner.2. The petitioner is working at Abudhabi since 1986 and is co-owner of the property comprised in Door No.2/26 & 27 Uurandakulam Street, Sadras, Kalpakkam, bearing Survey No.257/6 measuring of 5.25 cents at Meyyur Village No.75, Thirukazhukundram Talu...
Subbiah Gounder at Subbanna Gounder Vs. Pagathal and ors.
Court: Chennai
Decided on: Apr-11-2012
Civil revision petitions preferred against the order dated 26.10.2010 passed by the District Munsif Court, Palladam in I.A.Nos.1398 & 1399 of 2010 in O.S.No.106 of 1975 (District Munsif Court, Tiruppur).COMMON ORDER1. Inveighing the order dated 26.10.2010 passed by the District Munsif Court, Palladam in I.A.Nos.1398 & 1399 of 2010 in O.S.No.106 of 1975 (District Munsif Court, Tiruppur), respectively, these revision petitions are filed.2. Heard both sides.3. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the lower Court.4. A summation and summarisation of the germane facts absolutely necessary for the disposal of these revisions would run thus:(i) The original suit was filed by three persons, namely, 1.Suppathal, 2.Palanathal and 3.Pagathal as against the following five defendants:1. Subbiah Gounder2. Murugaswamy3. Kumaraswamy Gounder4. Murugaswamy Gounder5. Subbiah Gounder(ii) The suit was decreed ex-p...
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