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Chennai Court July 2012 Judgments

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Jul 26 2012

P.Ramasamy. Vs. the District Collector and ors.

Court: Chennai

Decided on: Jul-26-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ in the nature of Certiorari, to call for the records relating to the order of the 1st respondent dated 06.06.1989 issued in the Ref.No.Rc.85382/89/T2 and the order of the II respondent dated 14.02.2000 issued in the Ref. No.Letter NO.18065/paa/99-3 and quash the same as far as the petitioner is concerned.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order passed by the respondents in declining the relief of regularization from the date of initial appointment.2. The petitioner was appointed as Junior Assistant on 12.05.1974. His services were regularized on 01.03.1979. It was after seven years of regularization, that the petitioner filed representation with the respondents to regularize his services with effect from the date of initial appointment.3. The request made by him was declined, on the ground o...


Jul 26 2012

Arunagiri. Vs. H.Surajbai

Court: Chennai

Decided on: Jul-26-2012

Civil revision petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by Act 23/73 and 1 of 1980 against the judgment and decree dated 26.03.2012 passed by the learned VIII Judge, Court of Small Causes, Chennai in R.C.A.No.822 of 2007 reversing the order and decree dated 28.09.2007 passed by the learned XVI Judge, Court of Small Causes, Chennai in RCOP No.1993 of 2006.ORDER1. Animadverting upon the judgment and decree dated 26.03.2012 passed by the learned VIII Judge, Court of Small Causes, Chennai in R.C.A.No.822 of 2007 reversing the order and decree dated 28.09.2007 passed by the learned XVI Judge, Court of Small Causes, Chennai in RCOP No.1993 of 2006, this civil revision petition has been focussed by the tenant.2. The parties, for convenience sake, are referred to here under according to their litigative status and ranking before the Rent Controller.3. Compendiously and concisely, the germane facts absolutely necessary and germane...


Jul 26 2012

S.K.Shanmugham. Vs. Dariva

Court: Chennai

Decided on: Jul-26-2012

Prayer: Petition filed under Article 227 of the Constitution of India, against the Fair and Decretal Order dated 05.0.2010 made in I.A.No.1737 of 2004 in O.S.No.2717of 2000 on the file of the Principal District Munsif, Coimbatore.ORDER1. The Petitioner/Plaintiff has filed the present Civil Revision Petition as against the order dated 05.01.2010 in I.A.No.1737 of 2004 in O.S.No.2717 of 2000 passed by the Learned Principal District Munsif, Coimbatore.2. The Learned Principal District Munsif, Coimbatore, while passing orders in I.A.No.1737 of 2004 on 05.01.2010, has, among other things, observed that '... It is not the case of the Petitioner (Plaintiff) that in Door No.4/188, the S.F.No.158/4 is situated, when there is a specific case of both sides, the evidence was let in. Now, the Petitioner/Plaintiff cannot plead that it is typographical error etc.' and resultantly, dismissed the application without costs.3. The Learned Counsel for the Petitioner/Plaintiff submits that the amendment so...


Jul 26 2012

Siva R.Ashok Kumar. Vs. the Government of Tamil Nadu and ors.

Court: Chennai

Decided on: Jul-26-2012

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the order No.Na.Ka.No.5563/2010/AA1 dated 02.03.2012 passed by the 3rd respondent read with the order No.Nil, dated 13.07.2011 passed by the 5th respondent, quash the same and direct the respondents to permit the petitioner and his group of Sivan Adiars to worship Lord Shiva with Tamil Isai Karuvigal in daily Arthajama Puja and in the processions of the Idol of Lord Shiva in the Arulmigu Virudagirishwarar @ Pazahamalainadhar Temple, Virudhachalam.O R D E R1. The petitioner claiming to be the Co-ordinator of Siva Gana Pudha Gana Nadhar Isai Thiru Kootam at Virudhachalam has filed the present writ petition seeking the challenge the order dated 02.03.2012 passed by the third respondent Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram, as well as the order dated 13.07.2011 passed by the ...


Jul 26 2012

S.Krishnamurthy. Vs. the Chairman Tamil Nadu and ors.

Court: Chennai

Decided on: Jul-26-2012

This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent, The Assistant Engineer, Tamil Nadu Electricity Board, E.H.Road, Sarma Nagar, Vyasarpadi Chennai-600 039 to issue necessary new separate Electricity Service Connection as per law in the name of the petitioner without insisting on any No Objection from Co-owners.O R D E R1. Heard the learned counsel for the petitioner and the learned counsels for the respondents.2. The brief facts of the case, as stated by the petitioner, are as follows:The petitioner has stated that he is the owner of a portion of the house, situated at No.37, Rathinamudali Street, Vyasarpadi Chennai. The entire property at No.37, Rathinam Mudali Street, Vyasarpadi, Chennai, was owned by his father, late T.G.Srinivasulu. After his death, on 8.11.1990, several disputes had arisen between the sons and daughters of late T.G.Srinivasulu.3. In such circumstances, a civil s...


Jul 26 2012

S.Mohammed Beig. Vs. the District Adi Dravidr Welfare Officer

Court: Chennai

Decided on: Jul-26-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ in the nature of Certiorari, to call for the record on the file of the first respondent in connection with the order passed by him in his proc. Na.Ka.No. D4/51418/2001 dated 7.5.2002 and quash the same.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order Na.Ka.No. D4/51418/2001 dated 07.05.2002, imposing minor punishment of stoppage of one increment without cumulative effect. 2. The petitioner was appointed as Junior Assistant through Tamil Nadu Public Service Commission (TNPSC) on 30.09.1974 and promoted to the post of Assistant on 10.05.1977. The petitioner was thereafter promoted as Deputy Tahsildar on 06.12.1992 and Tahsildar on 03.02.1997. 3. The petitioner was served with charge memo under Rule 17(a) of the Tamil Nadu Civil Services (D&A) Rules on the following charges."CHARGE :-1&nb...


Jul 26 2012

The Managing Director. Vs. Girija

Court: Chennai

Decided on: Jul-26-2012

Prayer:- This Civil Miscellaneous Appeal is directed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree passed in M.A.C.T.O.P.No.477 of 2005, on the file of Motor Accident Claims Tribunal, Ponneri, dated 06.03.2008.J U D G M E N T1. The appellant / respondent in the above said Original Petition, has filed the Civil Miscellaneous Appeal as against the award and decree passed in M.A.C.T.O.P.No.477 of 2005, dated 06.03.2008, by the Motor Accident Claims Tribunal, Ponneri.2. The respondent / claimant has filed claim petition for compensation of a sum of Rs.2,00,000/- for the motor accident occurred on 28.09.2003.3. Briefly, the case of the respondent / petitioner is that on 28.09.2003, at about 13.30 hours, while the petitioner was a pillion rider in a Yamaha Motor Cycle bearing Registration No.TN21-V-1164, travelling from Karanodai to Redhills and at that time, the driver of the bus bearing Registration No.TN21-N-0578, drove the bus in a rash and negligent man...


Jul 26 2012

The Nagercoil Bar Association. Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Jul-26-2012

PRAYERPetition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent in G.O.Ms.No.310, Home (Court-III) Department, dated 07.06.2011 and quash the same as illegal, incompetent and without jurisdiction and to further forbear the respondents from transferring the pending cases on the file of the District Munsif Court, Nagercoil to District Munsif-cum-Judicial Magistrate Court, Boothapandi and for consequential reliefs.ORDER1. The Nagercoil Bar Association has come forward with this writ petition challenging G.O.Ms.No.310, Home (Court-III) Department, dated 07.06.2011 as it is passed without jurisdiction and consequently forbearing the respondents from transferring the pending cases on the file of District Munsif Court, Nagercoil to District Munsif-cum-Judicial Magistrate Court, Boothapandi.2. According to the petitioner the second respondent has redrawn the jurisdiction of the District M...


Jul 26 2012

P.Tamilneethi. Vs. the District Collector and ors.

Court: Chennai

Decided on: Jul-26-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ in the nature of Mandamus, directing the Registrar of Co-Operative Societies, Chennai-10, the Respondent to promote the petitioner to the post of senior inspector of Co-Operative Societies on par with his juniors notwithstanding the pendency of the criminal proceedings with effect from the date on which his juniors came to the promoted with all consequential service and monetary benefits.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Mandamus, directing the respondent to promote the petitioner to the post of senior inspector of Co-Operative Societies on par with his juniors notwithstanding the pendency of the criminal proceedings with effect from the date on which his juniors came to the promoted with all consequential service and monetary benefits.2. It is not in dispute, that the petitioner was departmentally proceeded, where...


Jul 26 2012

R.Sreedaran. Vs. Jeyarama Naidu

Court: Chennai

Decided on: Jul-26-2012

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the proceedings of the District Munsif, Thiruthuraipoondi in I.A.No.337 of 2009 in O.S.No.56 of 2007.ORDER1. The Learned Counsel for the Revision Petitioner/Plaintiff has made an endorsement in the Civil Revision typed set of papers that 'the Civil Revision Petition has become infructuous'. The said fact is recorded.  Accordingly, this  Civil Revision Petition is dismissed as an infructuous one. No costs.  Consequently, the connected M.P.No.1 of 2010 is dismissed....



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