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Chennai Court June 2012 Judgments

Jun 27 2012

S.Anthonysamy Vs. the Secretary to Government

Court: Chennai

Decided on: Jun-27-2012

PrayerWrit Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to regularise the petitioners as Skilled Assistant Grade I with effect from the date of promotion to the post of skilled Assistant Grade I as per the order of the first respondent passed in G.O.Ms.No.14 dated 08.03.2010 with all monetary and attendant benefits on the date of promotion.ORDER1. The petitioners are the Electricians in Skilled Assistant Grade II, Madurai Corporation. They have sought for a direction to regularise them as skilled Assistant Grade I as per the order in G.O.Ms.No.14 Municipal Administration and Water Supply Department dated 08.03.2010 with all monetary benefits.2. The petitioner has sought for injunction in M.P.No.2 of 2010 restraining the Corporation from in any way regularizing the post of Skilled Assistant Grade I without following the seniority in the promotion to the post of Skilled Assistant Grade I (fitter/Ele...

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Jun 27 2012

F.Nirmalkumar David Vs. the Director, Gandhigram Institute.

Court: Chennai

Decided on: Jun-27-2012

W.P.(MD) No.1331 of 2012Writ Petition filed under Article 226 of theConstitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned amendment dated 12.04.2006 to clause 16 of the Recruitment Rules, 2003 of the Service Rules reframed with effect from 01.04.2006 stating that every employee shall retire on attaining the age of 58 years and the impugned list of retiring employees dated nil issued by the 1st respondent and the impugned relieving order dated 31.01.2012 issued in the 1st respondent's Reference GIRH/ESTT/2011-2012/1124 dated 31.01.2012 and quash the same so far as the petitioner is concerned and direct the respondents to reinstate the petitioner in service together with backwages and all the attendant benefits including continuity of service and to allow the petitioner to be in continuous service till the petitioner attains the age of superannuation on completion of 60 years on 31.01.2004 and to pay the petit...

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Jun 27 2012

M.Murugan. Vs. the District Collector,

Court: Chennai

Decided on: Jun-27-2012

W.P.No.3031 Prayer in W.P.No.7385/2011: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to execute the lease deed in favour of the petitioner as per the order of the respondent issued in Na.Ka.No.59/Mines/2011 dated 07.03.2011 and to permit the petitioner to conduct quarrying operation as per the said order and also to issue transit receipt for transporting the minerals. Prayer in W.P.No.3031 of 2011: Writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to forbear the respondents herein from in any way granting quarry lease in favour of any third party in respect of item No.6 of tender notification re. N.K.No.1458/2009/Mines dated 08.02.2011 for S.No.932/1 Part III situated at Shanmugasundarapuram, Aundipatti, measuring 2.50.0 hectares for a lesser price and consequently directing the first respondent herein to consider the highest offer ...

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Jun 27 2012

P.Paramasivan Vs. the Secretary to Government and ors.

Court: Chennai

Decided on: Jun-27-2012

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, to direct the 2nd and 3rd respondents herein to implement the rules of reservation as enshrined under Articles 16(4) or 16(4A) of the Constitution of India and as per the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of Appointments or Posts in the services under the State) Act, 1993 and the University Grants Commission Guidelines of 2006 with effect from the date of the representation by the petitioner to the Government, that is from 7.8.2006 as applicable to the Backward classes, Scheduled Castes and Scheduled Tribes in the appointment/promotion to the post of Principals in the six Government Aided Arts and Science colleges under the management of Pachaiyappa's Trust.O R D E R1. The petitioner, claiming to be the General Secretary of Social Justice Protection Forum, has sought for a direction to resp...

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Jun 27 2012

P.Kothandapani. Vs. Government of Tamil Nadu,

Court: Chennai

Decided on: Jun-27-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to waive the interest of Rs.87,466/- for the periods from 31.12.2008 to December 2011 since the fifth respondent society was not functioning in the said periods for which the petitioner had sent representations to the respondents 1 and 2 on 24.5.2012.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to waive the interest of Rs.87,466/- for the periods from 31.12.2008 to December 2011 since the fifth respondent society was not functioning in the said periods for which the petitioner had sent representations to the respondents 1 and 2 on 24.5.2012.2. Mr.L.P.Shanmugasundram, learned Special Government Pleader takes notice on behalf of the respondents 1, 2, 4 and 5. Ms.V.M.Velumani, learned Special Government Pleader takes notice on behalf of the third respondent. By consent, the writ petiti...

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Jun 27 2012

V.Manimegalai. Vs. the District Collector

Court: Chennai

Decided on: Jun-27-2012

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 first respondent in his proceedings in Na.Ka.No.5714/A1/2011 dated 30.11.2011 and quash the same.O R D E R1. Heard the learned counsels appearing on behalf of the parties concerned.2. The present writ petition has been filed by the petitioner challenging the order, dated 30.11.2011, issued by the first respondent, cancelling the Documents writers Licence of the petitioner, for a period of 3 months, from the date of receipt of the said order.3. The main contention of the learned counsel appearing for the petitioner is that Rule 16 of the Tamil Nadu Document Writers Licence Rules, 1982, empowers the District Registrar to suspend or cancel the licence of the document writers, if the said licence had been issued, authorising the persons to practice as a document writers in the offices of the District Registrar or the Sub-Registrar. Howev...

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Jun 27 2012

S. Sathiyamoorthy. Vs. Deputy General Manager

Court: Chennai

Decided on: Jun-27-2012

Writ Petition filed under Article 226 of Constitution of India, seeking writ of certiorarified mandamus, calling for the records on the file of the first respondent vide Charge Sheet No.PER:IRD:CHN:VIG: CS:69:2004 dated 30.05.2004 and the impugned removal notice of the first respondent, vide Ref. No. PER:IRD:CHN:4876:2004 dated 06.12.2004, quash the same and further direct the respondents to grant salary for the period of suspension.ORDER1. The writ petition has been filed seeking an order in the nature of writ of certiorarified mandamus, calling for the records on the file of the first respondent vide Charge Sheet No.PER:IRD:CHN:VIG: CS:69:2004 dated 30.05.2004 and the impugned removal notice of the first respondent vide Ref. No. PER:IRD:CHN:4876:2004 dated 06.12.2004 and quash the same and further direct the respondents to grant salary for the period of suspension.2. It is seen that the writ petitioner herein had been removed from the services of Vijaya Bank with superannuation benef...

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Jun 27 2012

Rasa Gounder Vs. T.Raja Sulochana and ors.

Court: Chennai

Decided on: Jun-27-2012

Civil revision petition preferred against the order dated 10.2.2012 passed by the Principal District Court, Erode, in I.A.No.1090 of 2010 in O.S.No.114 of 2010.ORDER1. Animadverting upon the order dated 10.2.2012 passed by the Principal District Court, Erode, in I.A.No.1090 of 2010 in O.S.No.114 of 2010, this revision petition has been filed.2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.3. A summation and summarisation of the germane facts in a few broad strokes can be encapsulated thus:The first respondent herein filed the suit in O.S.No.114 of 2010 seeking partition and it was decreed ex-parte. Subsequently, I.A.No.1090 of 2010 was filed by the revision petitisoners herein/defendants 2 and 3 to get the ex-parte decree set aside with the delay of 100 days. However, the Court concerned dismissed the said I.A.4. Being aggrieved by and dissatisfied with the said order, this revision has been ...

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Jun 27 2012

Mary Jecintha Vs. Joseph Mary and ors.

Court: Chennai

Decided on: Jun-27-2012

Prayer : Appeal filed under Section 96 of the Code of Civil Procedure against the judgment and decree passed in O.S.No.24 of 1998, dated 27.02.2003 on the file of the II Additional Sub Judge, Villupuram.JUDGMENT1. The appeal is preferred against the judgment and decree of the learned II Additional Subordinate Judge, Villupuram made in O.S.No.24 of 1998 dated 27.02.2003.2. The following are the allegations in short available in the plaint:-The suit property belonged to one Periyanayagam, who died intestate on 9.2.1984. His legal representatives are his wife, the first defendant , his daughters namely, the plaintiff and defendants 2 to 4 and 3 sons namely, defendants 5 to 7. The schedule property situate at villupuram ,purchased by periyanayagam under the registered Sale deed dated 21.1.1976. After the death of father, the plaintiff and the defendants 1 to 7 (legal heirs) are each entitled to 1/8th share in the schedule property as they are Christians. The suit property is managed by the...

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Jun 27 2012

Jayaram Saw Mill Vs. the District Forest Officer

Court: Chennai

Decided on: Jun-27-2012

Writ Petition No.16159 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent made in Order No.E.MI.PO/E.PA/NAGAR/WEST/MAIYEE/KO.KATTU/No.63/12, dated 16.06.2012 and received on same date and quash the same as illegal & consequently forbear the respondents in any way insisting for licence for running the sawmill in Old No.4, New No.74/31, Post Office Road, Near Old Bus Stand, Maiyladuthurai, Nagapattinam District, and for providing Electricity in service connection in 521-016-214 and other amenities for running the petitioner's saw mill until the disposal of the petitioner's application for grant of licence is made under the provisions of Tamil Nadu Regulation of Wood Based Industries Rules, 2010.Writ Petition No.16172 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the second res...

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