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Chennai Court June 2012 Judgments

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Jun 21 2012

M.Neetha Reddy Vs. Tamil Nadu Electricity Board and ors.

Court: Chennai

Decided on: Jun-21-2012

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents 1 to 4 to receive, consider the application and provide Electricity service connection to the flats comprised in Survey NO.44/37 (Plot No.36), Ist Main Road, Ramappa Nagar, Perungudi, Chennai -600 096 together with common passages, and terrace therein, without insisting on production of completion Certificate/No Objection Certificate from the 5th respondent.O R D E R1. The petitioner has filed this writ petition praying for a writ in the nature of mandamus directing the Chairman Tamil Nadu Electricity Board to grant electricity connection to the building developed by the petitioner.2. The petitioner purchased the property on 27.3.1992 from one E.C.George, through his Power Agent V.J.Chocko and obtained patta in her name. She is in possession and enjoyment of the vacant land. The petitioner undertook construction of new residential building consisti...


Jun 21 2012

G.Marudhachalam Vs. Anandhi

Court: Chennai

Decided on: Jun-21-2012

Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to stay all further proceedings in M.C.No.77 of 2005 on the file of the Judge, Family Court, Coimbatore, as per the order dated 14.11.2006 till the disposal of the above revision and to call for the entire records in M.C.No.77 of 2005, on the file of the Judge, Family Court, Coimbatore and to set aside the order dated 14.11.2006.ORDER1. The brief facts of the case is as follows:-The respondent herein / wife had filed a maintenance case in M.C.No.77 of 2005, on the file of Family Court, Coimbatore, against her husband, the revision petitioner herein, stating that she had married him on 31.08.2001 as per Hindu Customs and Rites at Vinayaka Temble, Echanari. The marriage expenses of Rs.50,000/- was incurred by the parents of the wife. The wife further stated that at the time of marriage, 10 sovereigns of gold ornaments had been given. The revision petitioner had already married one Nageswari and through her he had t...


Jun 21 2012

Mr.T.Rajasekar Vs. the Commissioner, and ors.

Court: Chennai

Decided on: Jun-21-2012

Prayer: This petition has been filed seeking for a writ of Certiorari to call for the records relating to the impugned orders passed by the third respondent herein in his proceedings Se.Mu.Na.Ka.No.2451/2011-1/A1 dated 9/01/2012 and the consequential orders passed by the third respondent herein in his proceedings Se.Mu.Na.Ka.No.2451/2011-2/A1, Se.Mu.Na.Ka.No.2451/2011-3/A1 dated 09/01/2012, and quash the same.O R D E R1. Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.2. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner, had submitted that it would suffice, if the impugned order of the third respondent, dated 09.01.2012, suspending the petitioner from the post of Trustee of Arulmighu Kumaran Thirukoil, Thiruvannamalai Town, Thiruvannamalai District and the proceedings of the third respondent, dated 09.01.2012, asking him to hand over the charge of the administration ...


Jun 21 2012

R.Gopal Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Jun-21-2012

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other appropriate writ order or direction in the nature of Mandamus directing the 2nd respondent to release the Lands of the petitioners' family from the land Acquisition proceedings published in G.O.Ms.499 Housing and Urban Development dated 26.6.1984 Under subsection (1) of Section 4 of the Land Acquisition Act 1894 (Central Act I of 1894) with regard to a larger extent including Survey No.66/1 and Survey No.66/2 in which petitioner family lands to the extent of Acre 1.05 in Survey No.66/1 and Acre 0.62 1/2 in Survey No.66/2 were sought to be acquired, have lapsed since no award has been passed till date and the acquisition proceedings are dropped by the Government and that the 2nd respondent has no right or claim over the said lands.O R D E R1. The Government of Tamil Nadu issued a notification under Section 4 of the Land Acquisition Act, 26.6.1984 showin...


Jun 21 2012

R.Balaji Vs. Rajendran

Court: Chennai

Decided on: Jun-21-2012

Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to call for the entire records connected in C.C.No.252 of 2003, dated 07.06.2005, on the file of the Judicial Magistrate-II, Thiruppur and enhance quantum of punishment against the order passed by the Courts below.ORDER1. The revision petitioner / complainant has preferred this Criminal Revision in Crl.R.C.No.1433 of 2005 against the judgment of conviction and sentence passed in C.C.No.252 of 2003, dated 07.06.2005, on the file of the Judicial Magistrate-II, Thiruppur, and has prayed for enhancement of sentence and fine imposed on the respondent herein / accused.2. The complainant's case is as follows:-The accused had borrowed a sum of Rs.1,00,000/- from the complainant on 05.06.2002, agreeing to repay the same with interest at the rate of 24% per annum. On demand made by the complainant, the accused issued a cheque for a sum of Rs.1,00,000/- drawn on Indian Overseas Bank, Tiruppur. When the complainant presented...


Jun 21 2012

M.N.Allapitchai Vs. Kaja Mian Wakh by Its Muthavalli and ors.

Court: Chennai

Decided on: Jun-21-2012

Civil revision petition filed under Article 227 of the Constitution of India as against the fair and decreetal order dated 14.03.2011 passed by the learned I Assistant Judge, City Civil Court, Madras in I.A.No.15664 of 2010 in I.A.No.10439 OF 2009 in O.S.No.4463 of 1995.ORDER1. Animadverting upon the fair and decreetal orders dated 14.03.2011 passed by the learned I Assistant Judge, City Civil Court, Madras in I.A.No.15664 of 2010 in I.A.No.10439 of 2009 in O.S.No.4463 of 1995, this civil revision petition is focussed.2. The long and short of the germane facts, in a few broad strokes could be encapsulated thus:The revision petitioner herein filed the suit for bare injunction; after contest the suit was dismissed; as against which, review application was filed. After hearing both sides, the said review application was dismissed.3. Being aggrieved by and dissatisfied with the order of the review application, this revision has been focussed.4. When the matter has come up for hearing, the ...


Jun 21 2012

The Director M/S. Macro Marvel Projects Ltd., Chennai and Another Vs. ...

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on: Jun-21-2012

(Petition dt.24.10.2011 is filed by the petitioner praying to set aside the order passed by the District Forum in CMP.259/2011 in CC.No.104/2009.) JUSTICE R. REGUPATHI, PRESIDENT [Open Court] 1. The respondent/ complainant originally filed a complaint, claiming relief for damages against the deficiency of service, to the extent of Rs.19 lakhs with cost of Rs.5000/-, and subsequently filed a petition for amending the prayer, in order to get additional relief, regarding the refund of electricity deposits, and thereby the total claim comes to an extent of RS.25,66,000/-, and since the total claim amount exceeds the pecuniary jurisdiction of the District Forum, the opposite parties opposed the same, by way of a petition under Sec.11 of the Consumer Protection Act, and prayed for return of the complaint, in order to present before the proper forum. Subsequently, on hearing the objections, the complainant has withdrawn the amendment. On that basis the District Forum came to a conclusion that...


Jun 20 2012

Vellathai Vs. Tamil Nadu State State Express

Court: Chennai

Decided on: Jun-20-2012

PrayerCivil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 11.3.2004 in M.C.O.P.No.642 of 2003 on the file of Motor Accident Claims Tribunal (First Additional Sub-Court, Tirunelveli).JUDGMENTR.BANUMATHI,J.1. Being dissatisfied with the quantum of compensation awarded for the death of deceased Ganeshan alias Suresh in M.C.O.P.No.642 of 2003 on the file of Motor Accident Claims Tribunal (First Additional Sub-Court, Tirunelveli), parents of deceased filed this appeal seeking enhancement of compensation.2. Brief facts are that deceased S.Ganeshan @ Suresh was a Marine Technology Degree holder and was employed in OMCI Marine Services Private Limited, Mumbai. On 7.6.2002, deceased was riding the 2nd respondent's TVS Suzuki motor cycle bearing Registration No. TN-72 H 6697 from Kallakurichi to Thuraiyur along with his cousin brother - Devendran as the pillion rider to give invitation to his relative at Thuraiyur for a function. W...


Jun 20 2012

G.Karthikayan Vs. the Secretary to Government

Court: Chennai

Decided on: Jun-20-2012

PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents and their men preventing the petitioner from transporting the Crusher Dust, Blue Metals, M.Sand from Tamil Nadu to Kerala through Puliyarai Check post at Shencottah Taluk, Tirunelveli District.ORDER1. The petitioner has filed the present writ petition, seeking to forbear the respondents from preventing the petitioner from transporting the Crusher Dust, Blue Metals, M.Sand from Tamil Nadu to Kerala through Puliyarai Check post at Shencottah Taluk, Tirunelveli District.2. The petitioner states that he is engaged in transport business in the name and style of M & S Corporation and he transports goods through lorry for past 10 years. He states that he transports the goods through his vehicles in and around Tamil Nadu and also to Kerala.3. His grievance is that when he transported Crusher Dust, the same was prevented by the respondents. Accordin...


Jun 20 2012

K. Subramaniam Vs. the District Forest Officer

Court: Chennai

Decided on: Jun-20-2012

Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the 1st respondent to appoint the petitioner as Forest Guard with retrospective effect from the date of appointment of his immediate junior so selected pursuant to his selection on the basis of interview held on 30.11.99 and further tests thereafter and grant consequential benefits within a time frame.ORDER1. The petitioner has filed this writ petition, for issuance of a Writ in the nature of Mandamus, directing the 1st respondent to appoint the petitioner as Forest Guard with retrospective effect from the date of appointment of his immediate junior in pursuant to his selection in the interview dated 30.11.99 and further tests, with consequential benefits, within a time frame.2. The petitioner belongs to Backward Class and had passed Higher Secondary Course Examination with Science Subject. The petitioner was serving as Physical Training Instructor (Part-Time) in ...


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