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Chennai Court June 2012 Judgments

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Jun 14 2012

P.Senthilnathan Vs. the Secretary, and anr.

Court: Chennai

Decided on: Jun-14-2012

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified mandamus, calling for the records relating to letter ref. No. 800/2019-25 Sa.Ma.Pe.Se.(Vi.Ni.2) dated 4.6.2012 of the 1st respondent herein and quash the same and direct the respondents to grant licence in favour of the petitioner to run the Cable TV Network under the name and style of Moon Star Cable TV Network at "B" Block, Ground Floor Legislative Assembly Members Residential Quarters, Chennai 2.O R D E R1. The petitioner is having Cable TV Network and called in the name and style of Moon Star Cable. The petitioner is also servicing the quarters in which the members of the Legislative Assembly are situated within the Omanthurar Government Estate at Chennai-2.2. The petitioner was given a permission letter dated 20.08.2001 by the Deputy Speaker on behalf of the Principal Secretary of the Assembly Secretariat asking him to provide the cable TV connection to the MLA quarters on an Ex...


Jun 14 2012

V.Durairaj and ors. Vs. P.Aranganatham Pillai and ors.

Court: Chennai

Decided on: Jun-14-2012

Civil revision petition filed under Article 227 of Constitution of India against the order dated 08.12.2006 made in I.A.SR No.17532 of 2006 in O.S.No.1396 of 1994 on the file of the Principal District Munsif, Kallakurichi.ORDER1. Animadverting upon the order dated 08.12.2006 passed in I.A.SR No.17532 of 2006 in O.S.No.1396 of 1994 by the learned Principal District Munsif, Kallakurichi, this civil revision petition is focussed.2. When the matter came up for hearing, Mr.D.Babu Varadarajan, the learned counsel for the petitioners and Mr.S.Sounthar, the learned counsel for the fourth respondent were present. Heard both.3. I am of the considered view that no notice to the other respondents who happened to be the legal representatives of the original deceased defendant Aranganatham Pillai is required. The fourth respondent also is one among the L.Rs. of the deceased Aranganatham Pillai.4. The short point for consideration is as to whether the trial Court was justified in simply returning the...


Jun 14 2012

M/S. Srf Limited Vs. Commissioner of Central Excise, Chennai-i

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on: Jun-14-2012

Per D.N. Panda, J. 1. Pursuant to the order of the Hon'ble High Court,  Madras in C.M.P.948/2004 disposed on 12.9.2011 remanding the matter to the Tribunal for its consideration.  The matter came  up for hearing today.  The order under challenge by Revenue before the Hon'ble High Court was against the order of the Tribunal dated 11th July, 2005 holding that CENVAT credit on furnace oil   used for generation of power and transmitted to other company  was admissible to appellant. 2. When the remand matter was  taken up for hearing, submission of the appellant was that Appeal   Nos.E/388/2008  and E/562/2010 being of the same nature  pending before the Tribunal, all the three  may be heard together and disposed of. Revenue agreed to such submission. It was submitted by the ld. Counsel that different amount of duty demand and levy of  penalty are involved in all the three appeals for the same cause of disallowance ...


Jun 13 2012

Y.Mary. Vs. the Government of Tamilnadu, and ors.

Court: Chennai

Decided on: Jun-13-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first and second respondents to sanction / approve the post of Physical Education Teacher in L.M.S. Girls Higher Secondary School, Marthandam falling within the purview of the fourth respondent herein and regularize the petitioner services with effect from 01.12.1999 with arrears of salary from 01.12.1999 including the difference of pay from 02.06.2004 according to the applicable scale of pay inclusive of all increments and attendant benefits.ORDER1. This writ petition is filed by the petitioner seeking for a direction to respondents 1 and 2 to sanction and approve the post of Physical Education Teacher in L.M.S. Girls Higher Secondary School, Marthandam under the control of the fourth respondent and to regularize the services of the petitioner with effect from 01.12.1999 including the difference of pay from 02.06.2004.2. The writ petition was admitte...


Jun 13 2012

iyyankutty Vs. Vasanthakumari

Court: Chennai

Decided on: Jun-13-2012

This Second Appeal filed under Section 100 C.P.C. against the judgment and decree dated 07.01.2010 made in A.S.No.50 of 1993 on the file of the Subordinate Court, Padmanabhapuram, reversing the judgment and decree dated 05.02.1993 passed in O.S.No.271 of 1987 on the file of the Principal District Munsif, Padmanabhapuram.ORDER1. The plaintiff was successful before the trial Court and lost before the lower appellate Court, is the appellant.2. The appellant/ plaintiff filed a suit in O.S.No.271 of 1987 on the file of the Principal District Munsif, Padmanabhapuram, against the respondent/defendant praying for a judgment and decree to declare that in respect of the suit property measuring 3/th cents in resurvey No.295/6 at Thumbacode Village, Kanyakumari District, he is the owner of the said property and for mandatory injunction directing the respondent/defendant to remove the offending construction put up on the said property. It is averred by the appellant/plaintiff that the plaint schedu...


Jun 13 2012

K.JudIn Vs. the District Elementary

Court: Chennai

Decided on: Jun-13-2012

PRAYERWrit petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the recores relating to the proceedings in Na.Ka.No.1978/B1/2011 dated 06.07.2011 on the file of the 1st respondent and quash the same and further directing the respondents 1 and 2 to disturb the petitioner's salary.ORDER1. The petitioner was appointed as B.T.Assistant in History in the third respondent school on 05.06.2008 in the vacancy caused due to the dismissal of one Mr.Alagesan. The said Mr.Alagesan filed W.P.(MD) No.5698 of 2008, questioning the order dismissing him from service and the writ petition is still pending.2. Even if Mr.Alagesan continued in service, he could have retired on 31.05.2010, on attaining the age of superannuation. Considering the said fact, the first respondent passed an order dated 01.04.2011, approving the appointment of the petitioner with effect from 01.06.2010. The petitioner could be entitled to approval from th...


Jun 13 2012

Jeyapriya Vs. State, Rep by

Court: Chennai

Decided on: Jun-13-2012

PRAYERWrit Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent in her proceedings Na.Ka.No.7682/A4/2011, dated 07.03.2012 and quash the same and consequently direct the first respondent to investigate the petitioner's complaint dated 18.08.2011 and pass orders.ORDER1. Heard Mr.E.Somasundaram, learned counsel appearing for the petitioner, Mr.M.Govindan, learned Special Government Pleader, who takes notice on behalf of respondents 1 and 2 and Mr.T.K.Gopalan, learned counsel, who takes notice on behalf of respondents 3 to 8. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.2. The petitioner has come up with the present Writ Petition challenging the impugned order passed by the second respondent dated 07.03.2012 and for a direction to the first respondent to investigate the complaint of the peti...


Jun 13 2012

K.Sathyavathi. Vs. the Superintendent, and anr.

Court: Chennai

Decided on: Jun-13-2012

Prayer: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the respondents their men or whomsover acting their on behalf from bringing petitioners husband M. Krishnan who detained under Black Market Act confined in Central Jail Coimbatore with handcuffs and chain as and when he has to be produced before the Magistrate Courts or to be produced before the Advisory Board, High Court, Madras.O R D E R1. The petitioner is the wife of one M.Krishnan. He has been detained by the Executive Magistrate cum District Collector by an order dated 3.5.2012 under the Central Act 7 of 1980 under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act. The authority found that the petitioner's husband is a black-marketer and liable to be detained in the Central Prison, Coimbatore. The detention order dated 3.5.2012 is not under challenge in this Writ Petition. On the contrary, the petitioner/wife contends that as and...


Jun 13 2012

The Management of Tamilnadu State Transport Corporation. Vs. the Presi ...

Court: Chennai

Decided on: Jun-13-2012

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari, calling for the records relating to the Award made in I.D.No.2 of 2004 dated 21.11.2006 on the file of the first respondent and quash the same.O R D E R1. The petitioner is the State owned Corporation, having their Divisional Office at Salem. In this writ petition, the petitioner has chosen to challenge the Award passed by the 1st respondent/Labour Court in I.D.No.2 of 2004 dated 21.11.2006. By the impugned award, the Labour Court directed reinstatement of the second respondent/workman with backwages and other attendant benefits together with the suit cost of Rs.250/-.2. The writ petition was admitted on 18.08.2008. Pending the writ petition, an order of interim stay was granted for a period of four weeks. Subsequently, the Management filed MP.No.2 of 2008 for vacating the interim order. However, no orders have been passed till date. The Workman filed M.P.No.3 of 2008 for payment of las...


Jun 13 2012

H.T.L.Limited (Formerly Hindustan Teleprinters Ltd) Vs. the Secretary ...

Court: Chennai

Decided on: Jun-13-2012

This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the 3rd respondent and quash attachment dated 10.3.2007 of attaching the properties in Survey No.SF No.25/Part, 28/Part,  29/Part, 27/Part,  30/1 Part, 30/2 Part, 31/Part, 32/Part & 34 /Part in Alandur village, Guindy Industrial estate belonging to the petitioner.O R D E R1. The learned counsel appearing for the petitioner had submitted that this Court may be pleased to permit the petitioner to withdraw the writ petition. He had also submitted a letter, dated 12.6.2012, before the High Court Registry.2. In view of the same, the writ petitioner is permitted to withdraw the writ petition. Hence, the writ petition is dismissed, as withdrawn. No costs. Connected M.P.No.1 of 2007 is closed....


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