Chennai Court June 2012 Judgments
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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...
M.Rajasekaran Vs. T.Harichandra Lal
Court: Chennai
Decided on: Jun-27-2012
Civil revision petition preferred against the judgement and decree dated 20.3.12 passed by the VII Small Causes Court, Chennai, in RCA No.643 of 2010 confirming the order dated 15.9.2010 passed by the XIII Small Causes Court, Chennai, in RCOP No.1272 of 2009.ORDER1. Animadverting upon the judgement and decree dated 20.3.12 passed by the VII Small Causes Court, Chennai, in RCA No.643 of 2010 confirming the order dated 15.9.2010 passed by the XIII Small Causes Court, Chennai, in RCOP No.1272 of 2009, 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 Rent Controller.3. A summation and summarisation of the germane facts in a broad stroke could succinctly and precisely be set out thus:(i) The respondent herein filed the RCOP for evicting the revision petitioner herein/tenant, invoking Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, (hereinafter re...
Tmt.F.Mary Packiam Valarmathi Vs. the Director of Elementary Education ...
Court: Chennai
Decided on: Jun-27-2012
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified mandamus calling for the records pertaining to the order passed by the 3rd respondent in his proceedings Na.Ka.No.1124/A1/2011 dated 22.08.2011 and order passed by the 1st respondent in his proceedings Mu.Mu.No.36009/H/2011 dated 11.01.2012 and quash the same and direct the respondents to approve the appointment of the petitioner as Secondary Grade Assistant from the date of appointment and confer all the consequential benefits.O R D E R1. The prayer in this writ petition is to quash the order of the third respondent dated 22.08.2011 and the order passed by the first respondent dated 11.01.2012 and to direct the respondents to approve the appointment of the petitioner as Secondary Grade Teacher from the date of appointment and with all consequential benefits.2. The case of the petitioner is that the petitioner passed Diploma in Teacher Education in the year 2010 and fully qualified for ...
Pechiammal Vs. Subramani
Court: Chennai
Decided on: Jun-27-2012
Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the order dated 02.04.2012 made in I.A.No.720 of 2011 in O.S.No.212 of 2005 on the file of the District Munsif, Dharapuram.ORDER1. Animadverting upon the order dated 02.04.2012 passed in I.A.No.720 of 2011 in O.S.No.212 of 2005 by the learned District Munsif, Dharapuram, this civil revision petition is focussed.2. At the entertaining stage itself, heard the learned counsel for the petitioner.3. A summation and summarisation of the germane facts in a few broad strokes could be encapsulated thus:The revision petitioner/plaintiff filed the suit for declaration and permanent injunction in respect of an immovable property. After service of summons, the defendant entered appearance, but failed to file the written statement and thereafter, he remained ex parte; whereupon, the ex parte decree was passed. Subsequently, he filed an application under Order IX Rule 13 of CPC within time, however it was returned for...
The Branch Manager. Vs. Nithiya and ors.
Court: Chennai
Decided on: Jun-27-2012
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 13.10.2009 passed in MCOP No.56 of 2008 on the file of the Motor Accidents Claims Tribunal-cum-Additional District and Sessions Judge, Fast Track Court, Ramanathapuram.JUDGMENT1. When the vehicle involved in the accident had been plying without permit, whether the insurance company is liable to pay the compensation to the claimants is the issue raised in this appeal.2. This Civil Miscellaneous Appeal is filed by the Insurance Company challenging the liability to pay the compensation.3. The Tribunal, while rendering the judgment in MCOP No.56 of 2008, directed the fifth respondent herein and the appellant insurance company to pay a compensation of Rs.5,81,000/- (with interest at 7.5% p.a. from the date of petition), to the legal representatives of the deceased Karunamoorthy.4. The deceased was aged 32 years working as a carpenter in United Arab Emirates earning a sum of Rs.10,000/- per ...
Lalitha Vs. the Assistant Director of Survey
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 Certiorarified Mandamus to call for the record in relating the impugned order passed by the respondent reference Na.Ka.A2/797/2011 (1), dated 02.09.2011, and quash the same, consequently direct the respondent shall fix the pay of the petitioner in the rank of senior Draftsman in the department of survey and land record, notionally on the date of retirement for the purpose of post retirement benefits, and accordingly disburse the petitioner's pension and other retirement benefit within such time stipulated by this Court.O R D E R1. Heard the learned counsel appearing for the petitioner, as well as the learned Additional Government Pleader appearing for the respondent.2. The petitioner has filed the present Writ Petition, challenging the order passed by the respondent, dated 02.09.2011, fixing the scale of pay of the petitioner, as Pirka Land Record Draftsman, instead of as Se...
Paneerselvam Vs. Abirami
Court: Chennai
Decided on: Jun-27-2012
Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., to call for the records pertaining to the order dated 22.07.2010 made in M.C.No.6 of 2008 on the file of the Judicial Magistrate-I, Tindivanam and set-aside the same.ORDER1. The brief facts of the case are as follows:-The respondent herein / wife had filed a maintenance case in M.C.No.6 of 2008, on the file of the Judicial Magistrate-I, Tindivanam, against the revision petitioner / husband and has claimed a monthly maintenance of a sum of Rs.3,000/-. The wife further stated that prior to marriage both had loved each other. Subsequently, the marriage was solemnized at "Arulmigu Srilakshmi Narasimha Swamy Temple" on 24.09.2006 as per Hindu Customs and Rites. Prior to the marriage, both had sexual relationship. In the result, she had become pregnant and she gave birth to a male child. Her husband is a painter and earning Rs.10,000/- per month. She further stated that her husband had killed the child. Therefore, a cr...
G.Sambandam Vs. V.S.Pari
Court: Chennai
Decided on: Jun-27-2012
Prayer: Criminal Appeal filed under Section of 378 Cr.P.C., against the judgment dated 24.03.2005, made in C.C.No.98 of 1996 on the file of the Judicial Magistrate's Court No.I, Kancheepuram.J U D G M E N T1. The criminal appeal arises out of the judgment of acquittal dated 24.03.2005, made in C.C.No.98 of 1996, on the file of the Judicial Magistrate's Court No.I, Kancheepuram.2. The appellant as a complainant preferred a private complaint stating that on 10.12.1994, at about 5.55 p.m., the respondents/accused 1 & 2 had trespassed into P.W.1's office namely, Kanchipuram Co-operative Housing Society, which was situated in Door No.12A, Sappani Pillaiyar koil street, Kanchipuram, where P.W.1/complainant was a Secretary. One Velliveediar was the Secretary of the Chengai MGR District Co-operative Society (Employees Co-operative Thrift and Credit Society), where P.W.1/complainant was the President, during the year 1984 to 1991. A1 is the elder brother and A2 is the husband of Velliveedia...
Bakkiyalakshmi. Vs. Thulasimani
Court: Chennai
Decided on: Jun-27-2012
Prayer: This Revision Petition is filed against the orders dated 01.02.2012 in I.A.No.1964 of 2010 in O.S.No.54 of 2002 on the file of the learned District Munsif Court, Palladam.ORDER1. By consent, the Civil Revision Petition is taken up for disposal at the admission stage.2. This Revision Petition has been filed, challenging the order dated 01.02.2012 in I.A.No.1964 of 2010 in O.S.No.54 of 2002 on the file of the learned District Munsif Court, Palladam, whereby and whereunder, the petition filed under Order 6 Rule 17 CPC for amending the plaint came to be allowed.3. The revision petitioners are the defendants in the suit in O.S.54 of 2002, filed by the first respondent herein, for grant of permanent injunction, restraining the petitioners from entering, encroaching or interfering with the peaceful possession of the and enjoyment of the suit schedule mentioned property and to pay costs. According to the respondents/plaintiffs, they have purchased the suit property from one Thiru Deiva...
R.Rajendran Vs. the State of Tamil Nadu,
Court: Chennai
Decided on: Jun-27-2012
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in respect of the Proceedings of the second respondent dated 16.8.2011 in Rc.No.7477/E2/2011 and quash the same and consequently, direct 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) with all revisions and attendant service benefits to the petitioners including arrears and award costs.ORDER1. The prayer in the writ petition is to quash the order of the second respondent dated 16.8.2011 and consequently, direct the respondents to grant Selection Grade in the post of Junior Inspectors to the petitioners by counting their entire service as Sericulture Demonstrators with all revisions and attendant service benefits including arrears.2. It is the case of the petitioners that they were originally employed in the pos...
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