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Chennai Court June 2012 Judgments

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Jun 19 2012

M.Sivakumar Vs. the Special Commissioner of Land Administration and or ...

Court: Chennai

Decided on: Jun-19-2012

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents 2 to 5 herein from interferring with the petitioner's possession and enjoyment over the subject land comprised in S.No.77/2A, situated in No.8, Keelkuppam Village, Pochampalli Taluk, Krishnagiri District measuring to an extent of 1.42.5 hectares till the finalisation of the Revision Petition dated 03.06.2005 and consequently, direct the first respondent to take appropriate proceedings against the second respondent/Tahsildar, Pochampalli Taluk, Krishnagiri District for the wilful disobedience of the orders passed in Ref.K4/20539/05 dated 13.06.2005 by the first respondent.O R D E R1. The petitioner has filed the present Writ of Mandamus praying for an issuance of an order by this Court in forbearing the respondents 2 to 5 from interfering with his possession and enjoyment over the subject land comprised in S.No.77/2A, situated in No.8, Kee...


Jun 19 2012

The Branch Manager. Vs. Vasanthakumari Alias Vasantha and ors.

Court: Chennai

Decided on: Jun-19-2012

PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 as against the judgment and decree of the Motor Accident Claims Tribunal Sub Judge, Padmanapapuram in M.C.O.P.No.44 of 2000 dated 19.01.2006. JUDGMENT1. This appeal is filed by the Insurance Company challenging the quantum of compensation.2. A Police Constable, aged about 42 years died in an accident that took place on 06.05.2000. The wife, daughter, son and mother of the deceased Purushothaman, as the legal representatives of the deceased made a claim for a sum of Rs.9 Lakhs, as against which the Tribunal has awarded a sum of Rs.6,82,940/- as compensation.3. The details of the award made are as under:Loss of dependency Rs.5,24,640/-Transport expenses Rs. 3,300/-Funeral expenses Rs. 2,000/-Loss of articles Rs. 3,000/-Loss of love and affection Rs.1,00,000/-Loss of consortium Rs. 50,000/- -------------Total Rs.6,82,940/- -------------4. The first contention of the learned counsel for the In...


Jun 19 2012

A.ibrahim Gani. Vs. the Director of Teacher Education

Court: Chennai

Decided on: Jun-19-2012

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to regularize and approve the admission of the petitioner in the first year Diploma in Teacher Education course at the fourth respondent institute for the academic year 2005-2006.O R D E R1. The Learned Counsel for the petitioner informs this Court that the Writ Petition has become an infructuous one and also made an endorsement to that effect in the case bundle.2. Recording the said fact, this Court dismisses the Writ Petition as an infructuous one. Consequently, connected Miscellaneous Petition is also closed. No costs....


Jun 19 2012

Devakumar. Vs. the Presiding Officer and anr.

Court: Chennai

Decided on: Jun-19-2012

Writ petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records pertaining to the order dated nil in I.A.No.393 of 2009 in I.D.No.410 of 2001 passed by the first respondent, quash the same and consequently permit the petitioner to implead himself as L.R. In the place of his deceased father P.Durairaj so as to get all the legal dues and benefits which may be payable to his father based on the award to be passed by the first respondent.O R D E R1. This writ petition is filed challenging the order made in I.A.No.393 of 2009 in I.D.No.410 of 2001 passed by the first respondent and to permit the petitioner to implead himself as the legal heir in the place of his deceased father P.Durairaj so as to enable him to get all the legal dues and benefits which may be payable to his father based on the award to be passed by the first respondent.2. The case of the petitioner is that his father P.Durairaj was employed as a Conductor...


Jun 19 2012

R.Lalitha Vs. the Territory Manager and ors.

Court: Chennai

Decided on: Jun-19-2012

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorified mandamus to call for the records relating to the impugned mark sheet dated 31.10.2011 published by the 1st respondent and quash the same so far it relates to awarding marks to the 4th respondent towards the heading of residency and non-awarding marks to the petitioner in respect of the heading namely capability to provide infrastructure and facility and consequently direct the 1st respondent to award marks to the petitioner under the headings of capability to provide infrastructure and facility and cancel the marks already awarded to the 4th respondent under the headings of residency and award the dealership accordingly to the petitioner.O R D E R1. The petitioner has approached this Court, with a prayer for issuance of a writ in the nature of Certiorari, to quash the impugned mark sheet dated 31.10.2011, published by the Territory Manager (Retail) Chennai, and...


Jun 19 2012

Tamilnadu Association Vs. the Secretary to Government, and ors.

Court: Chennai

Decided on: Jun-19-2012

Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the third respondent to relax the upper age limit upto 10 years for the persons with disability in the appointment under the ICDS Scheme as provided under Section 38(1)(b) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and according to G.O.(Ms) No.704 dated 15.4.1964 issued by the public (services-A) department, Government of Tamil Nadu and also as per the proceedings of the second respondent in D.O.Letter No.5910/DAW 3,1/2012 dated 24.5.2012.O R D E R1. The prayer in the writ petition is to issue a writ of mandamus directing the third respondent to relax the upper age limit upto 10 years for the persons with disability in the appointment under the Integrated Child Development Scheme as provided under Section 38(1)(b) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,...


Jun 19 2012

K.Viswanathan Vs. the Secretary to Government

Court: Chennai

Decided on: Jun-19-2012

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ in the nature of Certiorari, to quash the order passed by the second respondent vide R.C.No.7477/E2/2011 dated 16.08.2011 with consequential relief of writ in the nature of mandamus, directing the respondents to grant Selection Grade in the post of Junior Inspectors, by taking their total service from their initial date of appointment as Sericulture Demonstrators (earlier Operatives).O R D E R1. The petitioners have approached this Court with the prayer for issuance of writ in the nature of Certiorari, to quash the order R.C.No.7477/E2/2011 dated 16.08.2011 with consequential relief of issuance of writ in the nature of mandamus, directing the respondents to grant Selection Grade in the post of Junior Inspectors, by taking their total service from their initial date of appointment as Sericulture Demonstrators (earlier Operatives).2. The petitioners joined the Sericulture department of ...


Jun 19 2012

V.Dharmaraj. Vs. Y.Rajeswari

Court: Chennai

Decided on: Jun-19-2012

Civil revision petition preferred against the order dated 13.3.2012 passed by the Additional District Judge, Fast Track Court I, Chengalpattu in I.A.No.7 of 2012 in O.S.No.548 of 2004.ORDER1. Animadverting upon the order dated 13.3.2012 passed by the Additional District Judge, Fast Track Csourt I, Chengalpattu in I.A.No.7 of 2012 in O.S.No.548 of 2004, this civil revision is filed.2. Heard the learned counsel for the revision petitioner.3. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this civil revision petition, at the entertaining stage itself, would run thus:(i) The suit O.S.No.548 of 2004 was filed by the plaintiff-S.P.Venkatram, through his Power Agent. The suit was decreed, granting certain reliefs; as against which, the defendants preferred the appeal in A.S.No.61 of 2007. During the pendency of the appeal, the plaintiff/the respondent in the appeal died, however, no steps were taken to implead the LRs of the respondent in the appeal. Whereupo...


Jun 19 2012

St.Josephs Middle School Vs. the Government of Tamil Nadu and ors.

Court: Chennai

Decided on: Jun-19-2012

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring that Section 14(A) of the Tamil Nadu Recognised Private Schools (Regulation) Act as amended through Act 11 of 1999 and the condition imposed in the recognition order that no grant will be given to Middle Sections of the Petitioner School for ever are concerned as null and void with consequential direction to the respondents to grant aid to the Middle Sections of the Petitioner School from 01.06.1995 for 6th standard 01.06.1996 for 7th standard and from 01.06.1997 for standards 6 to 8 by sanction of required number of posts and upgrade the Primary School Head Master Post as Middle School Head Master Post with monetary benefit from 01.06.1995 and to approve the appointment of N.Elgin Joseph appointed as Head Master of the School from 02.06.2004 with salary and other benefits.O R D E R1. The petitioner has filed this Writ Petition for a Declaration declaring that Section 14(...


Jun 19 2012

R.Balasubramanian Vs. M.K.Vasu and ors.

Court: Chennai

Decided on: Jun-19-2012

Civil revision petitions preferred against the judgement and decrees dated 13.12.2011 passed by the I Additional Subordinate Judge, Coimbatore, in R.C.A.Nos.18 & 19 of 2010 confirming the order dated 24.2.2009 passed by the Rent Controller & Revenue Divisional Officer, Coimbatore, in Na.Ka.Nos.3582/2005/A2 & Na.Ka.No.11414/2005/A2.COMMON ORDER1. Animadverting upon the judgement and decrees dated 13.12.2011 passed by the I Additional Subordinate Judge, Coimbatore, in R.C.A.Nos.18 & 19 of 2010 confirming the order dated 24.2.2009 passed by the Rent Controller & Revenue Divisional Officer, Coimbatore, in Na.Ka.Nos.3582/2005/A2 & Na.Ka.No.11414/2005/A2, these civil revision petitions are filed.2. A thumbnail sketch of the germane facts could be set out in a few broad strokes thus:(i) The tenant by name M.K.Vasu and another tenant by name M.K.Balan  the first respondent herein in both the revisions, filed two RCOPs before the authorised officer, under Section 9(...


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