Chennai Court April 2012 Judgments
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P.Murugan Vs. Mr.Ashiq Chatterji, I.A.S.
Court: Chennai
Decided on: Apr-03-2012
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 records of the 3rd respondent issued in L.Dis.2585/A6/1 dated 13.10.2001 by the Assistant Treasury Officer, Chidambaram / 3rd respondent fixing the pension of the petitioner at Rs.2650/- per month and effecting recovery of Rs.23,356/- from the monthly pension of the petitioner in instalments since August 2001 and quash the same and direct the respondents to pay the monthly pension of Rs.3250/- as already fixed under G.O.Ms.No.200 Finance (Pay Cell) Department dated 18.05.1999 to the petitioner together with arrears of monthly recoveries so far made and interest on the arrears of difference of pension at 18%.O R D E R1. The petitioner joined as Police Constable on 12.10.1951 and was promoted as Head Constable on 24.12.1962. The petitioner was temporarily promoted as Sub-Inspector of Police on 13.11.1972 and regularized on 19.03.1975.2. The pet...
Subhash Chandra Kapoor Soo of Parshotham Ram Kapoor, Vs. Inspector of ...
Court: Chennai
Decided on: Apr-03-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records relating to non bailable warrant of arrest dated 20.12.2011 in C.C.No.180/2011 issued by the fifth respondent and all consequential proceedings taken thereto for causing him to be extradited and quash the same.ORDER1. Sri Varadaraja Perumal Temple at Suthamalli village in Ariyalur District is a famous and ancient Vaishnavite Shrine. It was found during April, 2008 that there were theft of 18 idols from the temple. The Executive Officer of the temple appointed by the HR&CE Department had lodged a complaint on 14.4.2008 with Udayarpalayam Police Station and it was registered as Crime No.65 of 2008 under the offences involving Sections 457 and 380 IPC, pursuant to which the investigation was carried on.2. It transpired that the Metal Idols were stolen from the temple before April, 2008. Three persons were arrested i.e., M/s.Marisamy, Srir...
J.Shanmugham Vs. the Government of Tamil Nadu
Court: Chennai
Decided on: Apr-03-2012
PRAYER: This petition came to be numbered by transfer of O.A.No. 3971of 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 of the second respondent in Pa.Mu.No.183469/ Ko.No./S4/2000, Public Health and Preventive Medicine Department, Chennai 6 dated 19.02.2001 and direct the respondents to appoint the petitioner in any alternative post in accordance with G.O.Ms.No.125, Municipal Administration and Water Supply (Na.Pa.) Department, dated 27.05.1999 and grant him all attendant benefits.O R D E R1. The petitioner is a discharged Cholera Mazdoor and was working at Sholingar Panchayat Union prior to his discharge from service. The petitioner was initially appointed by the Commissioner of Sholingar Panchayat Union on 20.06.1990 and posted at the Primary health Centre, Katpadi. The period for which the petitioner worked reads as under:SL.No. Proceedings No. & datePeriod of employmentNa.Ka.A1/2443/90...
A.Nirmala Alias Nirmala Mary Vs. the Secretary and ors.
Court: Chennai
Decided on: Apr-03-2012
PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to give the benefit to the petitioner under Moovalur Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme vide her application dated 02.02.2010.ORDER1. The petitioner states that her father expired during her childhood days. Her mother died, while she was studying in the college. Her only brother also died within one year of the demise of her mother. In the said circumstances, she was not able to continue her further studies. Taking pity on the petitioner, the St.Joseph Matriculation School, Tanjore permitted her to take tuition classes and she earned Rs.1,500/- per month. The only moral support was that her paternal uncle Mr.C.Tharmaraj, who was residing at Thiruvaiyaru, Tanjore District.2.While so, one Advocate by name Dossprakash came forward to marry her without dowry and also he was prepared to spend for the marriage. The marriage was sc...
T.N.Jayaraman Vs. Subramaniam
Court: Chennai
Decided on: Apr-03-2012
Civil revision petition preferred against the order dated 14.09.2011 made in E.P.No.15 of 2010 in O.S.No.17 of 2001 on the file of the Principal Subordinate Judge, Gobichettipalayam.ORDER1. Animadverting upon the order dated 14.09.2011 passed by the learned Principal Subordinate Judge, Gobichettipalayam in E.P.No.15 of 2010 in O.S.No.17 of 2001, this civil revision petition is focussed.2. Synoptically and succinctly, the germane facts absolutely necessary for the disposal of this revision would run thus:Indubitably and indisputably, the money decree was passed by the Sub Court. Subsequently, an appeal was filed for nothing but to be dismissed. Thereupon, two EPs were filed before the Munsif Court because of the change of pecuniary jurisdiction of the Courts concerned. Those two EPs were dismissed. The third EP, so to say, E.P.No.15 of 2010 was filed before the Sub Court, which originally passed the decree when it had the pecuniary jurisdiction. It appears enquiry was conducted relating...
Subhiksha Trading Services Limited Vs. Devadashan Nadar Rep.by His Pow ...
Court: Chennai
Decided on: Apr-03-2012
This civil revision petition is preferred under Article 227 of the Constitution of India as against the docket order dated 03.12.2011passed by the learned Principal District Munsif (Rent Controller), Alandur in M.P.Sr.No.12109 of 2011 in RCOP No.49 of 2010.ORDER1. Heard the learned counsel for the petitioner.2. This civil revision petition is focussed as against the return of MPSR No.12109 of 2011 in RCOP No.49 of 2010, which was one for getting the ex parte order of eviction set aside by the learned Rent Controller. 3. The learned counsel for the revision petitioner would portray and project the case of the revision petitioner to the effect that no notice was served as contemplated under law, on the revision petitioner in the said RCOP wherein the eviction order was passed by the court below by proceeding exparte showing as though despite service of notice, there was no appearance on the part of the revision petitioner. 4. According to the learned counsel f...
The Management Sundaram Brake Linings Limited Vs. the Presiding Office ...
Court: Chennai
Decided on: Apr-03-2012
Prayer: Writ Petition in W.P.No.34971 of 2002 is filed under Article 226 of the Constitution of India seeking for the relief of issuance of writ of certiorari to call for the records of the 1st respondent in I.D.No.56 of 1997 and quash its award dated 28.1.2002.Writ Petition in W.P.No.13934 of 2008 is filed under Article 226 of the Constitution of India seeking for the relief of issuance of writ of certiorarified mandamus to call for the records in respect of the Order dated 28.1.2002 passed by the 1st respondent herein the Presiding Officer, the Principal Labour Court, Chennai in I.D.Nos.56 of 1997 and quash the portion of the order contained in Para 12 that giving discretion to the 2nd respondent either to pay Rs.25,000/- or afford employment to the petitioner considering permanent disability and the unemployment resulting from the accident on humanitarian grounds, and further direct the 2nd respondent to reinstate the petitioner in service with all benefits, back wages, continuity o...
L.Babu Vs. the Deputy Commissioner (Ct)
Court: Chennai
Decided on: Apr-03-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Certiorari, to call for the records relating to proceedings of the Deputy Commissioner (CT), Madurai bearing ROC10718/2001/A5 dated 07.09.2001 and to set aside the same as illegal and arbitrary.O R D E R1. The petitioner was included in the gradation list as Assistant for the year 1999, though he was originally appointed as Junior Assistant in Commercial Tax Department, on compassionate ground. The petitioner is a physically handicapped person.2. The petitioner, after working nearly 5= of years as Junior Assistant, was transferred to Commercial Tax-I Office, Madurai as Junior Assistant on 24.05.1996. As per the seniority list circulated on 29.02.2000, the petitioner was shown as '2' and was shown to be technically qualified for promotion.3. The petitioner was accordingly promoted as Assistant 'A2' in the Office of Deputy Commercial Tax Officer, Periyakulam, vide order dated 10.02.200...
R.Sekar Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Apr-03-2012
PRAYER: Writ petition came to be numbered by transfer of O.A.No. 6628 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 of removal from service passed by the third respondent vide proceedings in C.No.1.PR/OS/PR.2(3)/04 dated 31.07.1998 with consequential relief for issuance of a writ in the nature of mandamus, directing the respondents to reinstate the petitioner into service with all consequential monetary and service benefits.O R D E R1. The petitioner joined Police department in the year 1975 and was promoted as Junior Assistant in the year 1982. The petitioner fell sick and could not report for duty from 13.01.1992, as he was undergoing treatment for his mental illness.2. After getting medical fitness certificate from the competent Medical officer, the petitioner approached the department to join duty on 14.07.1995, but he was not taken back to duty.3. The petitioner instead was directed ...
A.G.Chinnappan Vs. the Commissioner and Secretary
Court: Chennai
Decided on: Apr-03-2012
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus direct the respondents herein to return and re-vest the lands as detailed in the schedule herein namely: Schedule: Village Name: Kondasamuthiram, Taluk Name: Gudiyatham, District: Vellore, S.No.1, Name of the petitioner: A.G.Chinnappan,(in WP No. 8679/2012),Name of the petitioner: A.G.Subramani,(in WP No. 8680/2012)and Name of the petitioner: A.R. Anjaneyalu Naidu,(in WP No. 8681/2012) respectively Survey No.80/2B, Extent: 1.16 acres (1/3rd share) Survey No.81/2B, Extent: 0.60 Acres (1/3rd Share), Survey No. 82/2, Extent: 0.56 Acres (1/3rd share) to the petitioner herein since the same is not required for the usage of the Tamil Nadu Housing Board inasmuch as it has no Scheme or funds to construct any housing scheme over the lands.ORDER1. All the three writ petitioners claimed to be owners of land, which were originally acquired and subsequently notified as not required for acquisition under G.O.N...
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