Chennai Court July 2012 Judgments
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Mahboob BashA. Vs. Tamil Nadu Wakf Board
Court: Chennai
Decided on: Jul-25-2012
Civil revision petitions filed against the order dated 5.3.2012 passed by the Principal District Judge, Chelglepet, in I.A.No.159 of 2011 in O.S.No.11 of 1934.COMMON ORDER1. Animadverting upon the order dated 5.3.2012 passed by the Principal District Judge, Chelglepet, in I.A.No.159 of 2011 in O.S.No.11 of 1934, these civil revision petitions are filed.2. Compendiously and concisely, the germane facts absolutely necessary for the disposal of these civil revision petitions would run thus:(i) The Wakf by name, Hazarath Syed Sha Hamed Owlia Darga, is covered by a scheme decree. While so, the District Court, which happened to be the Court, which formulated the scheme earlier, every now and then passed the orders appointing Muthavallies and also enabling the wakf to function.(ii) In those circumstances, the Tamil Nadu Wakf Board, represented by its Chief Executive Officer, Chennai-1, filed I.A.No.159 of 2011 seeking the following relief:"to pass orders transferring and vesting the administr...
P.Selvam. Vs. the Commissioner and ors.
Court: Chennai
Decided on: Jul-25-2012
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari Mandamus, calling for records of the first respondent dated 20.01.2009 in Na.Ka.No.12227/08/Aa-1 in so far the condition No.10 of the terms and conditions of Lease and License of shops by public auction and tender of Virudhachalam Municipality for the year 2009-2012 and the consequential impugned order of the first respondent dated 29.7.2011 in Na.Ka.No.12227/08/Aa2 and quash the same as illegal and direct the respondent to confirm the auction conducted on 13.7.2011 for shop No.3 of vegetable and fruit market in Kattukoodaloor Road, Virudhachalam and allot the shop to the petitioner.O R D E R1. The petitioner has invoked the extraordinary equitable jurisdiction of this Court under Article 226 of the Constitution of India, praying for a writ in the nature of Certiorari, to quash the condition-10 of the public auction, stipulating that persons, who has filed case a...
T.Amuthan Anthony. Vs. the Purusawalkam Permanent Fund Ltd.
Court: Chennai
Decided on: Jul-25-2012
PRAYER: Revisions filed against the common order dated 17.11.2011 passed in I.A.Nos.14602 and 14603 of 2011 in O.S.No.3542 of 2007 on the file of the learned V Assistant Judge, City Civil Court, Chennai.COMMON ORDER1. Both the Civil Revision Petitions have been filed challenging the common order dated 17.11.2011 made in I.A.Nos.14602 and 14603 of 2011 in O.S.No.3542 of 2007 on the file of the learned V Assistant Judge, City Civil Court, Chennai.2. The revision petitioners are the plaintiffs in the suit in O.S.No.3542 of 2007 and the suit has been filed for redemption of mortgage of the suit property and for return of the original documents. The respondents filed their written statement and contested the matter. At the stage when the trial had commenced and evidences were concluded and the matter was posted for arguments, the petitioners filed two application, one seeking to reopen the evidence of the plaintiffs and the other seeking to recall P.W.1. on the grounds that the mode of calc...
National Insurance Co. Ltd. Vs. National Insurance Co. Ltd.
Court: Chennai
Decided on: Jul-25-2012
Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, against the orders dated 04.04.2012 made in RCA No.1 of 2011 on the file of the Principal Subordinate Court, Rent Control Appellate Authority, Erode confirming the orders dated 03.12.2010 made in RCOP No.7 of 2007 on the file of Rent Controller, Principal District Munsif, Erode.ORDER1. Animadverting upon the order dated 04.04.2012 passed in RCA No.1 of 2011, by the learned Principal Subordinate Judge, Rent Control Appellate Authority, Erode confirming the order dated 03.12.2010 passed in RCOP No.7 of 2007 by the Rent Controller, Principal District Munsif, Erode, this civil revision petition is focussed.2. A summation and summarisation of the germane facts absolutely necessary for the disposal of this revision would run thus:The respondents/landlords filed initially the RCOP invoking Section 10(2)(i) of the Act, on the ground of wilful default in paying rent by the revision petitione...
Vijayan. Vs. the District Collector, and ors.
Court: Chennai
Decided on: Jul-25-2012
Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st Respondent to take action for using the bus stand at Gopalpatti Village, Natham Road, Dindigul District for public purpose on the basis of the Petitioner's representation dated 29.02.2012.ORDERR.BANUMATHI,J1. Petitioner seeks Writ of Mandamus directing the 1st Respondent to take action for using the bus stand at Gopalpatti Village, Natham Road, Dindigul District for public purpose on the basis of Petitioner's representation dated 29.02.2012.2. Gopalpatti Village is situated in Natham-Dindigul State Highways. Ministry of Panchayat Raj maintains fund in the name - "Backward Regions Grant Fund" (BRG Fund) which will provide financial resource for development of backward Districts. As per the scheme, in the State of Tamil Nadu, six Districts were selected and among six Districts, Dindigul District was also selected. Vembarpatty Panchayat passed a resolution to have a...
Thangamani. Vs. Devi.
Court: Chennai
Decided on: Jul-25-2012
PRAYER: Revision filed against the fair and final order dated 29.4.2011 made in I.A.No.188 of 2010 in O.S.No.761 of 2003 on the file of the II Additional District Munsif Court, Erode.O R D E R1. This Civil Revision Petition has been filed challenging the order of the learned II Additional District Munsif, Erode, made in I.A.No.188 of 2010 in O.S.No.761 of 2003 dated 29.4.2011.2. The revision petitioner is the plaintiff in the suit in O.S.No.761 of 2003 and the suit has been filed praying for a decree of partition and separate possession of his share to be allotted. The respondent filed a written statement and the matter has been proceeded on trial. At that stage, the petitioner filed an application to pass an order, sending the sale deed dated 10.4.1995, which contains the disputed signature, along with admitted signatures, to the Handwriting Expert attached to the Tamil Nadu Forensic Department of Madras, in order to get the expert opinion. The learned trial Judge, taking into conside...
Ms.Dimple. Vs. J.Johnson Ebenezar
Court: Chennai
Decided on: Jul-25-2012
Civil revision petition filed against the order dated 4.12.2011 passed by the Principal Family Court, Chennai, in I.A.No.2720 of 2011 in O.P.No.2925 of 2007.ORDER1. Animadverting upon the order dated 4.12.2011 passed by the Principal Family Court, Chennai, in I.A.No.2720 of 2011 in O.P.No.2925 of 2007, this civil revision petition is filed.2. Compendiously and concisely, the germane facts absolutely necessary for the disposal of these civil revision petition would run thus:(i) The revision petitioner herein-Dimple is the wife of the respondent herein. The wife filed the O.P.No.2925 of 2007 for restitution of conjugal rights; whereas, the respondent herein/husband filed the O.P.No.1269 of 2009 seeking divorce on the ground of cruelty.(ii) According to the learned counsel for the husband, both the matters were taken up for joint enquiry and at that time, the wife filed the chief examination affidavit also. However, there was no progress at all, because of the non-cooperative attitude of ...
Mark 1 Communication. Vs. Government of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-25-2012
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from in any manner interfering with the petitioner's business of Wall at 308, Sri Thevan Complex, 153, Avinasi Road, Coimbatore without any due process of law.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, forbearing the respondents from in any manner interfering with the petitioner's business of Wall at 308, Sri Thevan Complex, 153, Avinasi Road, Coimbatore without any due process of law.2. Mr.R.Govindasamy, learned Additional Government Pleader takes notice for the respondents 1 and 3. Mr.R.Sivakumar, learned counsel takes notice for the second respondent. By consent, the writ petition is taken up for final disposal.3. Petitioner claims that he has made a representation dated 6.6.2012 in person to the second respondent not to interfere with the wall display stating that it is not prohibited by law. A copy of the representa...
Tmt.Janaki. Vs. the Commissioner.
Court: Chennai
Decided on: Jul-25-2012
Prayer: This petition has been filed seeking for a writ of Certiorarified Mandamus to call for the records of the 1st Respondent, vide proceedings in the matter of disbursement of terminal benefits pertaining to the petitioner's late husband Thiru.S.Shunmugam, Conservancy worker, in ward No.78, Zone-5, Corporation of Chennai, expired on 14-09-2001 in harness and the communication of the Accounts Officer (Pension), Public Works (Poduthurai), Corporation of Chennai, Chennai- 600 003, negativing the petitioner's claim vide their letter Podhu.Na.Ka.En.U7/203/205 Dt:10-01-2005, quash the same and direct the 1st Respondent to pay the remaining/balance portion of the 50% amount held by them in pursuance of the directions in W.P.No.35358 of 2002 dated 13.11.2002 issued by this Court and consequential benefits to the petitioner.O R D E R1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the first respondent.2. At this stage of the hearing of t...
Sankaran. Vs. S.A.M. Amjad Ibrahim and ors.
Court: Chennai
Decided on: Jul-25-2012
Cvil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 31.10.2011 made in I.A. No: 971 of 2011 in O.S. No: 744 of 2008 on the file of the I Additional District Munsif Court, Erode.O R D E R1. This Civil Revision Petition has been filed challenging an order dated 31.10.2011 made in I.A. No: 971 of 2011 in O.S. No: 744 of 2008 on the file of the I Additional District Munsif Court, Erode.2. The Revision Petitioner is the plaintiff in the suit which is one for a permanent injunction restraining the defendants from in any manner interfereing with the peaceful possession of the suit schedule property. The respondents / defendants have filed their written statement and the matter has been proceeded on trial. At that stage, the revision petitioner made an attempt to move an application under Order 13 Rule 3 read Section 151 C.P.C. praying for an order to remove exhibits B.4 and B.5 from the list of exhibit of documents on the ground t...
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