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Chennai Court July 2012 Judgments

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Jul 23 2012

K.Rajendran. Vs. the Deputy Registrar of Cooperative Societies and ors ...

Court: Chennai

Decided on: Jul-23-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to furnish the minutes of the enquiry held under Section 87 of the Tamil Nadu Coop Societies Act 1983 on various dates from 26th March 2012 in the surcharge proceedings Tha Thi 1/2011-2012 dated 22.11.2011 and Tha Thi 2/2011 Sa Pa dated 22.11.2011 immediately with further direction to continue to furnish the minutes of the enquiry on future dates.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to furnish the minutes of the enquiry held under Section 87 of the Tamil Nadu Coop Societies Act 1983 on various dates from 26th March 2012 in the surcharge proceedings Tha Thi 1/2011-2012 dated 22.11.2011 and Tha Thi 2/2011 Sa Pa dated 22.11.2011 immediately with further direction to continue to furnish the minutes of the enquiry on future dates.2. Mr.L.P.Shanmugasundaram, learned Special Government P...


Jul 23 2012

R.Balsami. Vs. State of Tamil Nadu and ors.

Court: Chennai

Decided on: Jul-23-2012

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Declaration, declaring the amendment to the Special Rules, Tamil Nadu Fire Services issued by G.O.Ms.No.1224, Home (Police  XVII) Department, dated 24.09.2008 read with first respondent's letter No.21598/Police-17/2008-8 dated 30.09.2008 as unconstitutional and null and void and consequently direct the respondents to consider the claim of the petitioner for promotion to the post of Director of Fire and Rescue Services.O R D E R1. This writ petition is filed by the petitioner seeking for a writ in the nature of declaration, to declare that the amendment to the Special Rules for the Tamil Nadu Fire Services issued vide G.O.Ms.No.1224, Home (Police-XVII) Department, dated 24.09.2008 read with the letter of the first respondent dated 30.09.2008 as unconstitutional, null and void and for a consequential direction to the respondents to consider the claim of the petitioner for p...


Jul 23 2012

Ambika Cotton Mills Ltd. Vs. Tamil Nadu Electricity Regulatory Commiss ...

Court: Chennai

Decided on: Jul-23-2012

Writ Petition in WP No.7200 of 2012 is filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records of the 5th respondent insofar as the impugned clarification letter No. FC/Rev./AO/Esst./Asst/Rev/D.120/11 dated 22.2.2012 and quash the same as illegal and against the provisions of the Comprehensive Tariff Order on Wind Energy No.1 dated 20.3.2009 issued by the 1st respondent agreements entered into between the petitioner and the respondent Board and as already approved by the 3rd and 4th respondents in their respective communications dated 30.3.2010 and 1.7.2011 and consequently direct the respondent Board to give adjustment of higher slots units both in current generation/banking against the consumption at the lower slots.COMMON ORDER1. Writ Petition in WP No.7200 of 2012 is filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records of the 5th respond...


Jul 23 2012

H.Vasanthakumar. Vs. T.N.Radhakrishnan.

Court: Chennai

Decided on: Jul-23-2012

Civil revision petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18/1960 as amended by Act 23/1973 as against the judgment and decree dated 01.11.2006 passed by the learned Principal Subordinate Judge, (Rent Control Appellate Authority), Chengalpattu in R.C.A.No.3 of 2005 reversing the order and decree dated 22.07.2004 passed by the learned District Munsif (Rent Controller), Tambaram in RCOP No.7 of 2003.ORDER1. Animadverting upon the judgment and decree dated 01.11.2006 passed by the learned Principal Subordinate Judge, (Rent Control Appellate Authority), Chengalpattu in R.C.A.No.3 of 2005 reversing the order and decree dated 22.07.2004 passed by the learned District Munsif (Rent Controller), Tambaram in RCOP No.7 of 2003, this revision is 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. A summation and summarisation of the releva...


Jul 23 2012

T. Nagarajan. Vs. Union of India and ors.

Court: Chennai

Decided on: Jul-23-2012

Petition filed under Article 226 of the Constitution of India for  issuance of Writ of Certiorarified Mandamus calling for records of 6th respondent pertaining to his order which is made in O.A.No.1048 of 2010, dated 15.4.2011 and quash the same consequent to direct the Respondents to reinstate the petitioner into service along with all service benefits.O R D E R(Order of the Court was made by M. VENUGOPAL, J)1. The Petitioner has filed the present  writ petition as against the order dated 15.4.2011 in O.A.No.1048 of 2010 passed by the Central Administrative Tribunal (in short "the Tribunal").   The Petitioner was issued with a charge-sheet by 5th Respondent on 21.4.1997 with an allegation that while he was serving as a Sub Postmaster at Ervadi for the period from 22.7.1992 to 23.6.1996, he had accepted a sum of Rs.10,000/- from Smt. Thasoon Beevi.  However, the Petitioner had not brought the said amount into the PO Accounts of the individual and further withdr...


Jul 23 2012

P.Malaichamy. Vs. the Managing Director and ors.

Court: Chennai

Decided on: Jul-23-2012

Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a Writ in the nature of Certiorari, calling for the records of the 2nd respondent in his proceeding R.C.No.P3/31621/2000 dated 20.09.2001 and quash the same.O R D E R1. The petitioner was appointed as Junior Assistant in the year 1987 and was promoted as R.W.Grade-II / Assistant / Accountant in the year 1991. The petitioner was transferred to the Tamil Nadu Adidravidar Housing Development Corporation as Accountant on 01.10.1995. 2. The petitioner was served with charge memo under Rule 17(b) of the Tamil Nadu Civil Services (D&A) Rules, on the basis of Audit objection. The Assistant Manager, Manager and Previous Manager, District Manager Divisional Accountant and District Manager were also charge sheeted along with the petitioner. 3. It is the submission of petitioner, that misappropriation was committed by the Office Assistant the money was entrusted for remitting it to the Bank, whi...


Jul 23 2012

S.R.Nagar Makkal Nala Sangam. Vs. Tiruppur Co-operative Housing and or ...

Court: Chennai

Decided on: Jul-23-2012

PRAYER IN W.P.NO.49314/2006: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to forbear the respondents from utilizing the plots in the approved layout bearing No.L.P/R (G.P.N.) No.117/86 to the extent of 15.98 acres in S.R. Nagar, Tiruppur which was reserved for the public purpose viz. School, Park, Play Ground, Auditorium, Hospital, Library and Children Play Ground for any other purpose viz. construction of a building for running a private Arts College for Women, Ladies Hostel, RTO Office and to sell the house sites to the relatives of the staffs of the 1st respondent Society.PRAYER IN W.P.NO.7718/2008: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, to call for the records relating to the Government Order in G.O.(Ms) No.188, Rural Development and Panchayat Raj (C2) Department, dated 19.11.2007 on the file of the 1st respondent and quash the same.COMMON ...


Jul 23 2012

Ms. Kathirvel Textiles Private Limited. Vs. the Principal Commissioner ...

Court: Chennai

Decided on: Jul-23-2012

PRAYER Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorari, calling for the records relating to the impugned order passed by the 3rd respondent in his notice dated 22.02.2010 and consequently, the order passed by the 2nd respondent in his proceedings E4/10186/2010 dated 19.05.2010 and confirmed by the 1st respondent by his G.O.(Ms)No.62 Revenue Ne.Mu.6(2) Department, dated 21.02.2012 and quash the same.ORDER(Order of the Court was made by G.M.AKABAR ALI, J.)1. This Writ Petition is filed to issue a Writ of certiorari, calling for the records relating to the impugned order passed by the 3rd respondent in his notice dated 22.02.2010 and consequently, the order passed by the 2nd respondent in his proceedings E4/10186/2010 dated 19.05.2010 and confirmed by the 1st respondent by his G.O.(Ms)No.62 Revenue Ne.Mu.6(2) Department, dated 21.02.2012 and quash the same.2. The brief facts, necessary to dispose of the Writ petition are as follows: The Wr...


Jul 23 2012

Mr.J.Mageswaran. Vs. the Director of Social Defence and ors.

Court: Chennai

Decided on: Jul-23-2012

Prayer Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner for the post of Guard now vacant in the school of 3rd respondent in light of the G.O.Ms.No.2535 dated 11.10.1983 issued by the 1st respondent and to forbear the 4th respondent from filling the said post by adopting regular course without following the above G.O.ORDER1. The petitioner studied 8th Standard in the Children Home for Boys at Thanjavur during the year 1997-98. Thereafter, he studied in the Aringar Anna High School, Chengalpattu, which is also a Government Children Home and passed SSLC during the year 1999-2000. Thereafter, he registered his educational qualification with the Employment Exchange, Thanjavur on 20.09.2001.        2. The grievance of the petitioner is that though there are so many vacancies in the Children Home for Boys and the G.O.Ms.No.2535, Social Welf...


Jul 23 2012

C.Jeyarani. Vs. C.Thandabalan and ors.

Court: Chennai

Decided on: Jul-23-2012

PRAYER Civil Miscellaneous Appeal is filed against the judgment and decree dated 06.02.2012 made in MCOP 230 of 2011 on the file of Motor Accidents Claims Tribunal Additional District Court/Fast Track Court No.1, ThoothukudiJUDGMENT1. In respect of death of an advocate clerk by name Chockalingam, the wife aged 34, sons aged 9 and 14, mother aged 68 as legal representatives have filed a claim petition claiming a sum of Rs.30,00,000/- as compensation. The Tribunal has awarded a sum of Rs.2,55,000/- as compensation and the details are furnished hereunder;-Loss of dependency Rs.2,08,000Funeral Expenses Rs.5,000Loss to estate Rs.2,500Loss of Love and affection Rs.30,000Loss of Consortium Rs.10,000Total   Rs.2,55,5002. On the side of the claimants, Ex.P8 document has been filed. It is the certificate issued by the Advocate Kasamuthu certifying that the Advocate Clerk was earning a sum of Rs.4,500/- as monthly salary. Apart from that his income would be roughly Rs.10,000/- per month...


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