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Chennai Court July 2012 Judgments

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Jul 24 2012

Kadai Abdullah. Vs. S.Shanthi and ors.

Court: Chennai

Decided on: Jul-24-2012

Civil Revision Petition Nos.1796 and 1797 of 2012 filed under Article 227 of the Constitution of India against the order passed in E.A.Nos.209, 210 of 2011 in E.P.No.180 of 2003 in S.S.No.775 of 1995 dated 29.09.2011 on the file of the Sub Court, Chengalpattu.Civil Revision Petition No.2378 of 2012 filed under Article 227 of the Constitution of India to set aside the order dated 27.01.2012 passed in I.A.No.310 of 2011 in O.S.No.639 of 2006 on the file of the learned Principal District Munsif, Alandur.ORDER1. Animadverting upon the orders passed (i) in E.A.Nos.209 and 210 of 2011 in E.P.No.180 of 2003 in S.S.No.775 of 1995 dated 29.09.2011 by the learned Subordinate Judge, Chengalpattu and (ii) in I.A.No.310 of 2011 in O.S.No.639 of 2006 dated 27.01.2012 passed by the learned Principal District Munsif, Alandur, these civil revision petitions are focussed.2. A thumbnail sketch of the germane facts in a few broad strokes, could be encapsulated thus:(i) In E.P.No.180 of 2003 before the lea...


Jul 24 2012

Dr.J.Santhosh Kumar. Vs. the Block Medical Officer.

Court: Chennai

Decided on: Jul-24-2012

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records on the file of the respondent in proceedings Nil, dated 11.06.2010 and subsequent notion in proceedings Na.Ka.2297/A2/2010, dated 29.07.2010 and quash the same, as illegal, incompetent and without jurisdiction.O R D E R1. Challenge in this writ petition, is to the competence of a Block Medical Officer, who exercised the power under the Tamil Nadu Public Health Act, 1939, and other provisions of the Act, and closed down a Hospital, named "Get Well", Tirukoilur. The Hospital, where treatment was given, began unwell on 11.06.2010, when it was found difficult in meeting out certain defects, alleged to be violations and consequently, sealed. Another proceeding impugned in this writ petition is to the order, rejecting the request of the petitioner to open the hospital.2. According to the petitioner, he has completed bachelor of Homeopathy Medicine and Surg...


Jul 24 2012

inamdhar Pallivasal Wakf by Its Muthavalli. Vs. Sheik Abdullah

Court: Chennai

Decided on: Jul-24-2012

Prayer These Civil Revision Petition are filed against the order dated 9.4.2011 made in WOP.No.1/2010 and IA.No.37/2011 in WOP.No.1/2010 by the learned Principal Subordinate Judge, Tiruchirappalli.ORDER1. These Civil Revision Petition are filed against the order dated 9.4.2011 made in IA.No.37/2011 in WOP.No.1/2010 by the learned Principal Subordinate Judge (Wakf Tribunal), Tiruchirappalli, allowing the rejection petition in WOP.No.1/2010 and consequently striking off the same from the file of the Wakf Tribunal.2. The Petitioner/Inamdhar Pallivasal Wakf represented by its Muthawali filed the suit against the Respondent herein in WOP.No.1/2010 for permanent injunction restraining the Respondent from interfering with the possession of the Petitioner in the schedule mentioned property either by way of trespass or otherwise in any manner whatsoever. The Respondent in the said suit has filed an application under Order 7 Rule 11(d) of CPC to reject the main WOP.No.1/2010 and in consequence t...


Jul 24 2012

Ms.Rasamal Fuel Centre. Vs. the Deputy General Manager and ors.

Court: Chennai

Decided on: Jul-24-2012

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 records in impugned Circular No.2/2011 dated 25.1.2011 issued by the first respondent quash the same and consequentially direct the respondents to permit the petitioner s tank truck bearing registration No.TN21F7116 to carry MS/HSD loads to the petitioner s retail outlet from the respondents Corporation Korukkupet Terminal, Chennai  600 021.O R D E R1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing for the respondents.2. It has been stated that the petitioner is a dealer in Petroleum products. The petitioner was granted dealership of a retail outlet for the sale of petrol/High Speed Diesel Oil, as per the Dispensing Pump and Selling License Agreement, dated 18.4.2005, entered into between the petitioner and the respondent Corporation. As such, the petitioner has been carrying on th...


Jul 24 2012

Gobi. Vs. State Rep. by Inspector of Police

Court: Chennai

Decided on: Jul-24-2012

Prayer: Criminal Appeal filed under Section 374(1) of Cr.P.C., against the judgment of conviction and sentence dated 10.12.2003, made in S.C.No.182 of 2003 on the file of the Assistant Sessions Court-cum-Chief Judicial Magistrate's Court, Nagapattinam.J U D G M E N T1. The criminal appeal arises out of the judgment of conviction and sentence, dated 19.03.2004, made in S.C.No.209 of 2003, on the file of the Assistant Sessions Court-cum-Chief Judicial Magistrate's Court, Nagapattinam, whereby the first accused was convicted for the offence under Section 307 IPC and sentenced to undergo eight years rigorous imprisonment and imposed a fine of Rs.1,000/- in default in payment to undergo three months rigorous imprisonment.2. The respondent has filed a charge sheet against the accused stating that on 4.10.2002, at 7.00 p.m., the accused 1 and 2, having intention to murder Vellaiammal, who is residing at Paramanallur Mariamman Koil street, were entered into the house of Vellaimmal and A2 caugh...


Jul 24 2012

J.Mary Helan. Vs. Lissy Biju

Court: Chennai

Decided on: Jul-24-2012

Prayer This Civil Revision Petition is filed against the order dated 6.4.2011 made in IA.No.604/2010 in OS.No.162/ 2010 by the learned District Judge, Kanyakumari at Nagercoil.ORDER1. This Civil Revision Petition is filed against the order dated 6.4.2011 made in IA.No.604/2010 in OS.No.162/ 2010 by the learned District Judge, Kanyakumari at Nagercoil.2. The Respondent herein has instituted a suit in OS.No.162/2010 on the file of the learned District Judge, Kanyakumari at Nagercoil for recovery of Rs.50/- lakhs from the Defendant with future interest at 12 per cent p.a. from the date of the plaint till the date of decree and at 6 per cent p.a. till realization. The claim of the Respondent/ Plaintiff is based on a Memorandum Of Understanding entered into between the Plaintiff and the Defendant which contained a clause that all the differences and disputes relating to the agreement arising out of the deed shall be resolved by arbitration under the Arbitration Act and the decision of the a...


Jul 24 2012

M.Mohamed Bakshi. Vs. the Director and ors.

Court: Chennai

Decided on: Jul-24-2012

Prayer in W.P.No.11746 of 2011: This petition has been filed seeking for a writ of Mandamus directing the respondents particularly the first Respondent to pass appropriate orders to regularize the service of the petitioner from the date of his initial appointment namely 01-04.1987 and confer all consequential service and monetary benefits in the light of his representation dated 20-01-2011.Prayer in W.P.No.11746 of 2011: This petition has been filed seeking for a writ of Mandamus directing the respondents particularly the first Respondent to pass appropriate orders to regularize the service of the petitioner from the date of his initial appointment namely 01-02-1984 and confer all consequential service and monetary benefits in the light of his representation dated 20-01-2011.C O M M O N  O R D E R1. These writ petitions were listed, under the caption `for withdrawal', based on the letter submitted by the learned counsel appearing for the petitioners. The learned counsel appearing ...


Jul 24 2012

Futura Polyesters Limited. Vs. Tamil Nadu Electricity Board

Court: Chennai

Decided on: Jul-24-2012

Writ Petition is filed under Article 226 of Constitution of India  praying to issue a Writ of Mandamus, directing the second respondent to permit the petitioner to pay the Additional Security Deposit of Rs.91,02,803/- alone in 6 equal monthly installments along with the regular current consumption charges.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the second respondent to permit the petitioner to pay the Additional Security Deposit of Rs.91,02,803/- alone in 6 equal monthly installments along with the regular current consumption charges.2. Mr.G.Vasudevan, learned counsel takes notice for the respondents. By consent, the writ petition is taken up for final disposal.3. Petitioner seeks payment of additional security deposit in 6 equal monthly installments. Learned counsel for the respondents strongly opposes for granting six equal monthly installment.  4. However, considering the fact that the Electricity Board itself is giving relief...


Jul 24 2012

M.Thangadurai. Vs. the Chairman and ors.

Court: Chennai

Decided on: Jul-24-2012

PRAYER Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 03.05.2012 passed in W.P.(MD)No.6132 of 2012 on the file of this Court.JUDGMENT(Judgment of the Court was delivered by R.BANUMATHI, J)1. Challenge in this Appeal is the order in W.P.(MD)No.6132 of 2012, whereby the Writ Court declined to quash the proceedings of the Assistant Engineer/Pa/Thiru/ Ko.Saw Mill/A.No.24/12 dated 20.4.2012 on the file of the second respondent informing the appellant about proposed disconnection of Service Connection SC No.135-011-377.2. Appellant is running a saw mill in the name and style of "Veeraragavan Saw Mill" situated at RS No.85/2B, 3 Karisalpatti Village, Thirumangalam Taluk, Madurai District. The said mill was established in the year 2005, after the cut off date i.e. 29.10.2002.3. Appellant's saw mill being a new one established after 29.10.2002, the same cannot be operated without getting prior permission from the Central Empowered Committee. By the proceedings d...


Jul 24 2012

N.Vasuki. Vs. the Director of Medical Education

Court: Chennai

Decided on: Jul-24-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Mandamus, directing the respondents 1 to 3 to appoint the petitioner as Pharmacist in any one of the available vacancy in the post of Pharmacist based on her employment exchange seniority if necessary by relaxing the rule of any.O R D E R1. The petitioner, after qualifying her SSLC in March 1980, acquired the qualification of Diploma in Pharmacy in September, 1985. The petitioner got herself registered with the District Employment Exchange, Madurai in the year 1985. The family of the petitioner thereafter shifted to Chennai, therefore, she got her name registered with the Employment Exchange, Chennai.2. The petitioner was called for interview for considering her candidature for appointment as Pharmacist in the year 1991, 1995 and 2001. It is admitted case of petitioner, that she was not selected in the interview, thus, not offered the appointment.3. On 02.05.2002, the petitioner rece...


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