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Chennai Court April 2012 Judgments

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Apr 09 2012

P.Singaravelu Vs. the Government of Tamil Nadu,

Court: Chennai

Decided on: Apr-09-2012

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 the impugned order of the first respondent in G.O.2(D)No.84, Industries (E1) Department dated 23.10.2007 and quash the same insofar as the imposition of penalty of dismissal from service in the disciplinary proceedings pursuant to the charge memo issued by the second respondent in Rc.No.13523/E1/94, dated 11.11.1995 is concerned and to direct the respondents to reinstate the petitioner in service and permit him to retire from service with effect from 31.8.1999 with all consequential benefits.ORDER1. The petitioner has come forward to file the present writ petition seeking to challenge an order of punishment imposed by the Government vide G.O.(2D)No.84, Industries Department, dated 23.10.2007. By the impugned order, the petitioner who was working as an Assistant Director of Geology and Mining at Dharmapuri, was remo...


Apr 09 2012

S.Ramalingam Vs. the Government of Tamilnadu and ors.

Court: Chennai

Decided on: Apr-09-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ in the nature of Certiorari, to call for the entire records pertaining to the impugned order of Government letter passed by the 1st respondent in No.168 dated 11.10.2001 and the consequential proceeding issued by Director / 2nd respondent in Na.Ka.No.30069/ET1/2001 dated 18.10.2001 and the portion of order passed by the 5th respondent in No.AG(A&E)/PEN P12/3/R69-631/RTD/2001-2002/293 dated 21.09.2001 insofar as the portion of the order withholding the gratuity amount of Rs.15,000/-and to direct respondents to release the said amount and disburse the same to the petitioner and to award the consequential benefits.O R D E R1. The petitioner joined as Secondary Grade Teacher on 05.08.1964 and was promoted as Elementary School Headmaster on 22.12.1984. The petitioner was awarded Special Grade in Elementary School Headmaster post with effect from 22.12.1984 and he retired from service on ...


Apr 09 2012

Mr.M.Radhakrishnan Vs. the Director of Rural Development

Court: Chennai

Decided on: Apr-09-2012

This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.3023 of 2001 from the file of the Tamil Administrative Tribunal, with a prayer for the issuance of Writ of Certiorarified Mandamus to call for the records, pertaining to the order, bearing R.O.C.No.10986 of 1998.K3, dated 25.10.1999, and the order, bearing R.O.C.No.10986/98.K3, dated 5.3.2000, of the second respondent and to quash the same, insofar as it relates the petitioner and further, to direct the respondent to include the name of the petitioner in the seniority list of Assistant in the appropriate place, by reckoning the seniority from the date of appointment as Assistant viz., 23.08.1987, with all consequential benefits such as retrospective promotion, seniority, arrears of pay etc.,O R D E R1. The petitioner is working as Assistant in Thondamuthu Block, at Coimbatore District. The Government of Tamil Nadu, decided to integrate Ministerial Service with Grama Sevak ...


Apr 09 2012

Zeenath Begum Vs. the State of Tamil Nadu and anr.

Court: Chennai

Decided on: Apr-09-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a Writ in the nature of Mandamus, directing the 1st respondent to issue a necessary notification in the Government Gazette to notify the amendment introduced in Bill No.7 of 2011 dated 10.02.2011 in the Legislative Assembly under the Tamil Nadu Preservation of Private Forest Act, 1949.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 State of Tamil Nadu to issue notification in the Government Gazette to notify the amendment introduced vide Bill No.7 of 2011 dated 10.02.2011 by the Legislative Assembly under the Tamil Nadu Preservation of Private Forest Act, 1949 (hereinafter referred to as "the Act") and pass such other or further orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case.2. The petitioner along with her sons purchased land measuring 14.23.50 Hectares in S.No.785/1C1G (2.23.0...


Apr 09 2012

Muthammal and ors. Vs. V.Pavunambal and ors.

Court: Chennai

Decided on: Apr-09-2012

Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 23. 08. 1994 in A.S.No.61 of 1992 on the file of the Learned Principal Subordinate Judge, Chengalpattu confirming the Judgment and Decree dated 31. 03. 1992 in O.S.No.345 of 1990 on the file of the Learned District Munsif, Maduranthagam.J U D G M E N T1. The Appellants/Defendants 2 and 3 have focussed this instant Second Appeal adverting upon the Judgment and Decree dated 23. 08. 1994 in A.S.No.61 of 1992 passed by the Learned Principal Subordinate Judge, Chengalpattu in affirming the Judgment and Decree dated 31. 03. 1992 in O.S.No.345 of 1990 passed by the Learned District Munsif, Maduranthagam.2. After filing of the Second Appeal, the 1st Appellant/2nd Defendant has expired and the 2nd Appellant/3rd Defendant, who is already on record, has been recorded as Legal Representative of the deceased 1st Appellant/2nd Defendant. Also, the Appellants 3 and 4 have been brought on record as Legal R...


Apr 09 2012

V.S.Kamal Vs. L.Rajagopal and ors.

Court: Chennai

Decided on: Apr-09-2012

Civil revision petitions preferred against the judgement and decree dated 22.11.2011 passed by the Subordinate Judge, Ranipet (Camp), Arakkonam, in R.C.A.Nos.2 and 3 of 2012 confirming the order dated 26.3.2010 passed by the District Munsif, Arakkonam in R.C.O.P.Nos.5 of 1999 and 7 of 2000.COMMON ORDER1. nveighing the judgement and decree dated 22.11.2011 passed by the Subordinate Judge, Ranipet (Camp), Arakkonam, in R.C.A.Nos.2 and 3 of 2012 confirming the order dated 26.3.2010 passed by the District Munsif, Arakkonam in R.C.O.P.Nos.5 of 1999 and 7 of 2000, these civil revision petitions are focused.2. R.C.O.P.NO.5 of 1999 was filed by the tenants under Section 9(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act for depositing the rent in Court. R.C.O.P.No.7 of 2000 was filed by the landlords for eviction.3. Heard both sides.4. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the Rent Controller.5. ...


Apr 09 2012

T.Selvaraj Vs. the Executive Engineer

Court: Chennai

Decided on: Apr-09-2012

PRAYER:This petition came to be numbered by transfer of O.A.No. 8010 of 2001 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the impugned order passed by the first respondent under proceedings No.Pa.A2/26/2001 dated 05.10.2001 and the consequential order of recovery passed by the second respondent under proceedings No.4/2/2001/Ka.Ka. Dated 05.12.2001.O R D E R1. The petitioner joined P.W.D. Department as Maistry on 21.08.1965. The service of the petitioner was provincialised on 24.11.1970 vide order dated 08.01.1971.2. The Government of Tamil Nadu decided to merge certain cadres at the time of implementation new pay scales. The post of Maistry Grade I was merged with the Work Inspector Grade I and re-designated as Work Inspector Grade I. The order of merger was passed on 03.02.1973 and the pay scale of the petitioner was fixed in the pay Scale of Rs.180-5-240-10-270.3. The Chief Engineer, Public Works Department soug...


Apr 09 2012

Mrs. Latha Rajagopalan Vs. S.Sampath Kumar and ors.

Court: Chennai

Decided on: Apr-09-2012

Plaint filed under Order VII Rule C.P.C and Order IV Rule 1 O.S.Rules directing partition and separate possession of plaintiff's 1/8th share in the plaint 'A and B' Schedule properties, directing the defendants to pay the costs of the suit.1. The Plaint averments, in brief, are as follows:a) The property bearing Old Door No.15, New No.31, Rangan Street, T.Nagar, Chennai 600 017 more fully described in the 'A' Schedule annexed to the plaint was the absolute property of one V.Srinivasan. He died intestate on 20.06.2001 leaving behind him the plaintiff Latha Rajagopalan and the defendants 1 to 7 and also one S.Kalyani (no more) as his legal representatives to inherit the said property. The said Kalyani, who was none other than the mother of the plaintiff, died on 01.10.2003 leaving behind the plaintiff and the defendants 1 to 7 as her legal representatives. The movables described in plaint 'B' schedule were the absolute properties of Kalyani and the deceased Kalyani did have a common 1/9t...


Apr 09 2012

Ms.Mahaveer Button Manufacturing Company Vs. V.Manoj

Court: Chennai

Decided on: Apr-09-2012

Civil revision petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by Act 23/73 and 1 of 1980 against the judgment and decree dated 20.01.2009 passed by the learned VII Judge, Small Causes Court at Madras in R.C.A.No.807 of 2007 in confirming the order and decree dated 24.10.2007 passed by the learned XIII Judge, Small Causes Court at Madras in RCOP No.649 of 1994.ORDER1. Animadverting upon the judgment and decree dated 20.01.2009 passed by the learned VII Judge, Small Causes Court at Madras in R.C.A.No.807 of 2007 in confirming the order and decree dated 24.10.2007 passed by the learned XIII Judge, Small Causes Court at Madras in RCOP No.649 of 1994, this civil revision petition has been focussed by the tenants.2. The parties, for convenience sake, are referred to here under according to their litigative status and ranking before the Rent Controller.3. A thumbnail sketch of the relevant facts, absolutely necessary and germane for t...


Apr 09 2012

P. Kaveri Vs. the Group Commandant of Cisf and ors

Court: Chennai

Decided on: Apr-09-2012

This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the compulsory retirement of the petitioner by the impugned order No.V-11014/APS/305/LS/2009/8957 dated 1.9.09 passed by the 3rd respondent herein, namely, the Inspector General of CISF, Air Port Sector H Qrs., Office of the Addl. Director General Airport Sector, Central Industrial Security Force (Ministry of Home Affairs), Block No.13, CGO Complex, Lodhi Road, New Delhi-3 by which the name of the petitioner was struck off from the rolls and quash the same and direct the respondents to re-instate the petitioner, P.Kaveri, in Service, with full backwages, attendant benefits and continuity of service.O R D E R1. Heard the learned counsels appearing on behalf of both sides.2. This writ petition has been filed by the petitioner challenging the order of the third respondent, dated 1.9.2009, enhancing the penalty of reduc...


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