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Chennai Court June 2012 Judgments

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Jun 12 2012

Baskaran, the Divisional Manager, Indian Overseas Bank Vs. Arumugam

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on: Jun-12-2012

(The appeal having come before us for final hearing on 04.06.2012, upon hearing the arguments of both sides and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following :-) A.K.ANNAMALAI, JUDICIAL MEMBER. The opposite party is the appellant. 1. The complainant availed a jewel loan by pledging 172 grams of his jewel from the opposite party bank on 21.10.2004 and obtained a loan of Rs.48.000/- which was subsequently paid on 18.10.2005 and settled the entire loan amount and when demanded for return of the jewels, the opposite party refused to return the same on the ground since another pending loan is to be settled by the complainant and thereafter jewels could be returned and the opposite party is entitled to detain the jewels by invoking lien over the account. Hence, after giving legal notice, the complainant filed a consumer complaint against the opposite party praying direction to return the jewels and for the compensat...


Jun 11 2012

Mrs.S.Jayasankar Vs. the Tahsildar and ors.

Court: Chennai

Decided on: Jun-11-2012

Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the respondents to survey the land and effect mutation in the revenue records in favour of the petitioner in respect of the land bearing Survey No.208 Pazhanthandalam Village, Sriperumbudur Taluk, Kanchipuram District.O R D E R1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of mandamus, directing the respondents 1 and 2, to survey the land of the petitioner and effect mutation in the revenue records in favour of the petitioner with respect to the land bearing Survey No.208 Pazhanthandalam Village, Sriperumbudur Taluk, Kanchipuram District.2. In support of this writ petition, the petitioner has placed on record a copy of the application which is addressed to the first Respondent.3. The contention of the learned counsel for the petitioner is that inspite of receipt of application the first respondent has not taken any steps to p...


Jun 11 2012

Prem Anand, Hereditary Trustee. Vs. the Commissioner

Court: Chennai

Decided on: Jun-11-2012

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 pertaining to the impugned circular of the respondent vide Na.No.50838/2008 K-4, dated 27.03.2012 and quash the same.ORDER1. The petitioner has filed the present writ petition seeking to challenge the impugned circular, dated 27.03.2012 issued by the Commissioner of the Hindu Religious and Charitable Endowment Department. By the impugned circular dated 27.03.2012, the Commissioner of HR&CE informed all Zonal Joint Commissioners and Assistant Commissioners of the HR&CE Department that in respect of temples in which hereditary trustees are administering the temple as well as where there are scheme decrees, the trustees of the concerned temple were appointed as Public Information Officers. This became necessary because of the delay that caused in getting information from those temples for an information seeker and that a recommendatio...


Jun 11 2012

N.S.P. Knitting Mills. Vs. Tamil Nadu Generation and Distribution Corp ...

Court: Chennai

Decided on: Jun-11-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent vide his Circular in Lr.No.Dir/F/FC/R/D.No. /10 dated 26.11.2010 and the Bill No.231 dates 01.12.2010, 31.12.2010 and 31.01.2011 passed by third respondent insofar as it relates to levy of cross subsidy surcharge, quash the same as arbitrary and illegal and consequently direct the third respondent to adjust the amount paid by the petitioner in HT SC No.231 towards Cross subsidy surcharge in the future current consumption bills.O R D E R1. This Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent vide his Circular in Lr.No.Dir/F/FC/R/D.No. /10 dated 26.11.2010 and the Bill No.231 dates 01.12.2010, 31.12.2010 and 31.01.2011 passed by third respondent insofar as it relates to levy of cross subsidy surcharge, quash the same as arbitrary and illegal and c...


Jun 11 2012

N.Kannaiyan Vs. the District Adi Dravidar and Tribal Welfare Officer.

Court: Chennai

Decided on: Jun-11-2012

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to restore the fixation of petitioner's seniority with reference to the date of his initial appointment, namely, 03.12.1987 and grant all consequential benefits to the petitioner.O R D E R1. The petitioner has focussed the Writ of Mandamus praying for an issuance of an order by this Court in directing the respondent to restore the fixation of his seniority with reference to the date of his initial appointment on 03.12.1987 and grant him all consequential benefits.2. The petitioner was working as a Secondary Grade Teacher at Adi Dravidar Welfare Middle School, Azhinjimangalam, Nagapattinam Block, Nagapattinam District. He was initially appointed as Secondary Grade Teacher on 02.12.1987 and joined duty as such on 03.12.1987. His service in the post of Secondary Grade Teacher were regularized with effect from 03.12.1987. He was appointed in th...


Jun 11 2012

S.N.Kulasekaran. Vs. S.Packiaraj

Court: Chennai

Decided on: Jun-11-2012

Civil Revision Petition filed under Article 227 of the Constitution of India for a direction to the learned IX Assistant Judge, City Civil Court at Chennai to dispose of unnumbered E.A.No....of 2012 (S.R.No.16889 of 2012) in E.P.No.457 of 2007 on its file by issuing a fresh warrant for delivery of possession to the Bailiff pursuant to the order of delivery passed in E.A.No.593 of 2012 in E.P.No.457 of 2007 on 21.2.2012 pending on his file by issuing a fresh warrant to the Bailiff, directing him to remove all the obstructors whoever may be in the suit property at the time of the execution of the warrant for delivery of possession by the bailiff, cause the illegal construction made pendente lite in the suit property, demolish and deliver vacant possession to the decree holder without any further delay.JUDGMENT1. This civil revision petition is filed seeking direction to the learned IX Assistant Judge, City Civil Court, Chennai to dispose of the unnumbered E.A.No.......of 2012 (S.R.No.168...


Jun 11 2012

D.Nandakumar Alias Mani Vs. A. Pushkaran and anr.

Court: Chennai

Decided on: Jun-11-2012

Appeal filed under Section 173 of the Motor Vehicles Act 1988 against the judgment and decree in dated 11.09.2006 made in M.C.O.P.No.2445 of 2002 on the file of IV Judge, Small Causes Court, (Motor Accidents Claims Tribunal), Chennai.JUDGMENT1. In this appeal, the injured in a road accident, seeks enhancement of compensation amount.2. The learned counsel for the appellant would submit that though 65% disability has been assessed by the doctor, the Tribunal awarded only Rs.40,000/- towards disability and it has no basis. Further, under all other heads, only less compensation has been awarded.3. On the other hand, the learned counsel for the Insurance Company would submit that the Doctor who issued the disability certificate has not treated him. In the light of the evidence adduced, the Tribunal awarded him just compensation.4. On 26.07.2001, the appellant had sustained injuries in the road accident. Then, he was 20 years old. He was a mason; but, the Tribunal made him a cooli for want o...


Jun 11 2012

Ms.Dharani Sugars and Chemical Limited. Vs. the Chairman.

Court: Chennai

Decided on: Jun-11-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the second respondent in and by his Lr.No.SET/T/AE2/D6/F.HIGL/D963/11-12, dated 02.03.2012, and quash the same and consequently directing the respondents to give consent to the petitioner's Sugar Mill, situated at Karaipoondi Village, Polur, Thiruvannamalai District to draw electricity supply from its own co-generating unit to the staff quarters of the petitioner's Sugar Mill.O R D E R1. This Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the second respondent in and by his Lr.No.SET/T/AE2/D6/F.HIGL/D963/11-12, dated 02.03.2012, and quash the same and consequently directing the respondents to give consent to the petitioner's Sugar Mill, situated at Karaipoondi Village, Polur, Thiruvannamalai District to draw electricity supply f...


Jun 11 2012

Sarasu. Vs. the Secretary to Government and ors.

Court: Chennai

Decided on: Jun-11-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to consider and pass orders on the objections of the petitioners dated 15.11.2010 to the notice of the fourth respondent dated 2.11.2010 passed in his proceedings No.Na.Ka.A/12/10 with regard to acquisition of the petitioners land for construction of bye-pass road and in the light of the report of the third respondent sent in his proceedings No.Na.Ka.6332/2010 A7 dated 21.07.2011.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the second respondent to consider and pass orders on the objections of the petitioners dated 15.11.2010 to the notice of the fourth respondent dated 2.11.2010 passed in his proceedings No.Na.Ka.A/12/10 with regard to acquisition of the petitioners land for construction of bye-pass road and in the light of the report of the third respondent sent in his proceedings No.Na.Ka.6332/2010 A7 dat...


Jun 11 2012

A.Anbukudivendan Vs. the Director General of Police and ors.

Court: Chennai

Decided on: Jun-11-2012

PRAYER: This petition came to be numbered by transfer of O.A.No.6914 of 2001 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to set aside the order of punishment imposed by the second respondent vide Proc.Rc.No.117/25132/PR.N(1)/98 dated 27.12.1998 as confirmed by the first respondent vide Rc.No.113672/AP.I(1)/99 dated 12.08.1999.O R D E R1. The petitioner while serving as Constable in B3 Fort Police Station (Crimes), Chennai, was served with charge memo P.R.No.41/97 alleging that he violated Rule 20(i) of the Tamil Nadu Civil Servants Conduct Rules 1973, on the allegation that the petitioner along with Mr.Jesudoss, Grade I Constable had threatened one Thiru Madakannu, a scrap dealer who was apprehended under Goondas Act, and under threat, demanded bribe for Rs.500/- (Rupees five hundred only or Rs.1000/- (Rupees one thousand only) and in this process, collected more than Rs.6,000/- (Rupees six thousand only) as bribe.2. The ...



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