Chennai Court June 2012 Judgments
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Jayachandran Alias J.J.Chandru. Vs. K.Jagan Mohan
Court: Chennai
Decided on: Jun-12-2012
Prayer: These Civil Revision Petition is filed under Section 25 of the Tamil Nadu Building (Lease and Rent) Control Act, against the order and decreetal order dated 06.09.2007 made in R.C.A.No.932/2006 on the file of VII Judge, Small Causes Court, Chennai confirming the order and decreetal order dated 31.07.2006 made in RCOP No.30/2005 on the file of X Judge, Small Causes Court, Chennai.O R D E R1. This revision is directed against the fair and decreetal order passed by the RCAA in RCA No.932/2006 dated 06.09.2007 in confirming the order of the learned Rent Controller passed in RCOP No.30/05 dated 31.07.2006 in fixing the fair rent for the demised premises at Rs.20992/- per month from the date of the said petition.2. The petitioner was the respondent/tenant and respondent herein was the petitioner/landlord before the learned Rent Controller.3. The case of the petitioner before the learned Rent Controller would be as follows:-The property bearing Old Door No.31, New Door No.59, 48th Str...
Marappa Gounder. Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jun-12-2012
Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the order passed by the first respondent in G.O.Ms.No.407, Revenue Department dated 24.07.2000 and the consequential order passed by the fourth respondent in Na.Ka.8710/2002 Aa 6 dated 04.03.2005 and quash the same, in so far as the orders fix the value of the lands at Rs.1,13,222/- per acre, in respect of the land in R.S.No.75 Ekkaraithathapalli Village, Sathyamangalam Taluk, Erode District.O R D E R1. The petitioners challenge the order of the first respondent in G.O.Ms.No.407, Revenue Department dated 24.07.2000 and the consequential order passed by the fourth respondent in Na.Ka.8710/2002 Aa 6 dated 04.03.2005.2. Upon violation of condition that the assignee has effected sale of the property assigned in his favour to the petitioners herein, the original assignment came to be cancelled. Thereafter, upon the request of the petitioners...
Poshak Industries. Vs. State of Tamil Nadu
Court: Chennai
Decided on: Jun-12-2012
Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a writ of certiorari, to call for the records relating to the impugned Notification of the respondent in G.O.(2D) No.74 Labour and Employment dated 10.12.2004 and quash the same.O R D E R1. The petitioner has filed the present writ petition for issuance of a writ of certiorari in calling for the records pertaining to the impugned Notification of the respondent in G.O.(2D) No.74 Labour and Employment dated 10.12.2004 and to quash the same.2. The petitioner is engaged in the export of readymade garments and having factory at No.15, Race Course Road, Guindy, Chennai 600 032 and units at No.8, Vijayaragava Lane, Vijayaragava Road, T. Nagar, Chennai 600 017. According to the petitioner, the nature of tailoring industry, particularly involved in the export of readymade garments, is such that it requires a different consideration than that of the other industries, particularly the irony in the min...
The Lakshmi Mills Company Ltd. Vs. the Deputy Chief Inspector of Facto ...
Court: Chennai
Decided on: Jun-12-2012
Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a writ of certiorari, calling for the records of the first respondent in Proceedings Na.Ka.No.A/8568/05 and quash the order dated 7.8.2006.O R D E R1. The petitioner-Company has filed the present writ petition for a writ of certiorari in calling for the records of the first respondent in Proceedings Na.Ka.No.A/8568/05 dated 7.8.2006 and to quash the same.2. The learned counsel for the petitioner submits that the first respondent/Deputy Chief Inspector of Factories, Division No.II, Housing Unit, Coimbatore has passed the impugned order dated 7.8.2006 by merely mentioning that nine workmen mentioned in the Annexure to the order should be made permanent after completion of 480 days of service in a period of 24 calendar months.3. The plea of the petitioner is that as per the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, only an individual work...
Mrs.Vasuki. Vs. the Tamil Nadu Slum Clearance Board.
Court: Chennai
Decided on: Jun-12-2012
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, for the relief as stated therein.O R D E R1. The petitioner has filed the present Writ of Certiorarified Mandamus in calling for the order of the second respondent in Na.Ka.No.23214/05/B4, dated 05.10.2006 and to quash the same. Further, the petitioner has sought for issuance of a direction to the respondents in allowing her to continue in possession of the premises at C.S.Colony, Third Cross Street, Indira Nagar, Chennai-600 020.2. According to the petitioner, she is the allottee in respect of a vacant land measuring at about 100 sq.ft. for the purpose of running a Bunk Shop at C.S.Colony, Indira Nagar, Chennai. She has been running the Bunk for ten years. She has been allotted a house by the First Respondent/Tamil Nadu Slum Clearance Board and she is residing at First Street, Indira Nagar, Chennai. She applied for the allotment of area measuring 1...
Minor Suresh Alias Loganathan Vs. the Branch Manager United India Insu ...
Court: Chennai
Decided on: Jun-12-2012
Civil revision petition filed under Article 227 of the Constitution of India against the fair and final order passed in I.A.No.165 of 2011 in MCOP No.313 of 2007 dated 07.04.2011 on the file of the MACT/FAST TRACK COURT NO.2 at Gobichettipalayam.ORDER1. Animadverting upon the order dated 07.04.2011 passed in I.A.No.165 of 2011 in MCOP No.313 of 2007 by the MACT/FAST TRACK COURT No.2 at Gobichettipalayam., this civil revision petition is focussed.2. Heard both sides.3. The germane facts absolutely necessary for the disposal of this revision petition would run thus:The revision petitioners represented by their next friend mother M.Vijaya filed I.A.No..165 of 2011 for withdrawal of a sum of Rs.93,138/- on the ground that the minors require the amount for educational and medical expenses. However, the lower Court rejected the prayer of the petitioners.4. Being aggrieved by and dissatisfied with the said order, this revision has been filed on various grounds.5. This is a matter wherein the ...
P.Raveendran Vs. the District Collector
Court: Chennai
Decided on: Jun-12-2012
Writ Appeal under Clause 15 of the Letters Patent against the order of the learned Single Judge, dated 20.04.2012, made in W.P.(MD)No.5410/2012.JUDGMENT(Judgment of the Court was delivered by R.BANUMATHI,J)1. Aggrieved by the dismissal of the Writ Petition in W.P.(MD)No.5410 of 2012 (Dated 20.04.2012), the Appellants have preferred this Writ Appeal.2. An extent of 2 acres 75 cents of land in Survey No.45/2, Sadayamangalam Village, Kannangudi Post, Devakottai Taluk, Sivagangai District, was assigned to the 4th Respondent, by the proceedings of the 3rd Respondent in D.A.21/1405, dated 29.02.1996. In the Writ Petition, the Appellants sought for cancellation of the said assignment proceedings of the 3rd Respondent, issued to the 4th Respondent, and also sought for a direction to the 2nd Respondent to assign the said land in favour of the Government Middle School, Sadayamangalam. The Appellants have alleged that even though the assignment was made in favour of the 4th Respondent on 29.02.19...
Siva Blue Metals Vs. the District Collector
Court: Chennai
Decided on: Jun-12-2012
COMMON JUDGMENTB. RAJENDRAN, J1. In view of the issues involved in these appeals are one and the same, both the appeals are taken up together and a common judgment is delivered by consent of both parties.2. The unsuccessful writ petitioner is the writ appellant herein. The writ petitioner has filed the writ petitions challenging the show cause notices issued to the petitioner company. The petitioner challenged the first show cause notice dated 14.09.2011, whereby, the petitioner was called upon to submit his explanation as to why he should not be directed to pay Rs.2,21,48,000/-, Rs.20,76,375/- and Rs.25,000/- towards cost of the mineral quarried more than the permitted limit, seigniorage fee and penalty respectively. While vide the second show cause notice dated 24.09.2011 he was called upon to explain on the violations of Rule 36 (5) (b) of the Tamil Nadu Minor Mineral Concession Rules, 1959, (hereinafter referred to as the 'Rules') which is liable for action under Section 36 (5) (h)...
Ms. N.A.K.G. Cotfibres Private Vs. the Zonal Manager
Court: Chennai
Decided on: Jun-12-2012
Petition filed under Article 226 of The Constitution of India praying for a Writ of Certiorari calling for the records of the second respondent pertaining to the 13 (2) demand notice issued under SARFAESI Act, 2002 dated 09.05.2011 and quash the same.ORDERB. RAJENDRAN, J1. This writ petition is filed by the borrower, seeking to quash the notice dated 09.05.2011 issued by the respondents/Bank under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as SARFAESI Act.2. (i) Though the petitioner accepts the amount borrowed from the respondents bank and also admit the liability to pay, the main grievance of the petitioner is that the classification of their account as 'Non-performing Asset' (NPA) is unreasonable as they have paid Rs.90 lakhs on 31st March 2011 and therefore, the classification of their loan account as Non-performing Asset is not in accordance with the guidelines issued by the Re...
X.Lazer. Vs. the Director of Collegiate Education and ors.
Court: Chennai
Decided on: Jun-12-2012
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 3rd respondent herein to allow the petitioner to rejoin duty forthwith as Assistant Professor (Zoology) in the 3rd respondent college.O R D E R1. The petitioner, has sought for a mandamus, directing the 3rd respondent to permit him to rejoin duty forthwith as Assistant Professor (Zoology) in Muslim Arts College, Thiruvithamcode.2. Facts deduced from the supporting affidavit are as follows:The petitioner was appointed as Assistant Professor of Zoology in the 3rd respondent college on 17.07.1987 and he joined duty on 20.07.1987. The college is recognised by Government of Tamilnadu and affiliated to Manonmaniam Sundaranar University, Tirunelveli. Due to some misunderstanding with his wife, a complaint was lodged by her against the petitioner and his parents, alleging that they demanded dowry from her parents. The learned Principal Assistant Sessions Judge, Nage...
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