Chennai Court July 2012 Judgments
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Hindu Middle School. Vs. the State of Tamilnadu and ors.
Court: Chennai
Decided on: Jul-23-2012
PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the second respondent in his proceedings in O.M.No.7810/A2/04 dated 05.08.2005 and the consequential order of the third respondent dated 08.09.2004 in O.M.No.1182/A1/04 and quash the same and to direct the respondents to continue to recognise the minority status accorded to the petitioner institution.ORDER1. This writ petition is filed seeking a direction to the respondents to call for the records of the second respondent in his proceedings in O.M.No.7810/A2/04 dated 05.08.2005 and the consequential order of the third respondent dated 08.09.2004 in O.M.No.1182/A1/04 and quash the same and to direct the respondents to continue to recognise the minority status accorded to the petitioner institution.2. Petitioner institution is represented by its Manager and Secretary. The petitioner school was established with standards 1 to 5 in the ye...
D.thenmozhi. Vs. the Managing Director and ors.
Court: Chennai
Decided on: Jul-23-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to permit the petitioner to continue and carry on her business in the petitioner's shop at Hasthampatty, Salem as per the allotment given by the second respondent in Na.Ka.No.4/07 dated 17.7.2008.O R D E R1. Inspite of Court notice having been served on the respondents 3 and 4, and their names having been printed in the cause list, there is no appearance on behalf of the respondents 3 and 4.2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner is not in a position to carry on her business, in the premises in question, which she had taken on lease, from the first respondent herein, as per the agreement, dated 19.5.2000, as a franchisee, to sell vegetables and fruits. However, the respondents had prevented the petitioner from carrying on her business, ...
Ponnayammal. Vs. S.Subramaniam
Court: Chennai
Decided on: Jul-23-2012
Civil revision petition preferred under Section 115 of the Code of Civil Procedure against the order dated 05.08.2010 passed by the learned Subordinate Judge, Perundurai in I.A.No.450 of 2009 in O.S.No.523 of 2009.ORDER1. This civil revision petition is focussed as against the order dated 05.08.2010 passed by the learned Subordinate Judge, Perundurai in I.A.No.450 of 2009 in O.S.No.745 of 1994 (Renumbered as O.S.No.523 of 2009).2. Heard both sides.3. A summation and summarisation of the relevant facts, absolutely necessary for the disposal of this petition would run thus:a) The respondent herein filed the suit seeking the following reliefs:To pass a -(a) preliminary decree directing the division of the suit property into 2 equal shares and to allot the western portion of the suit property to the plaintiff under equity and put the plaintiff in separate possession;(b) in the event of failure of the defendants to comply with the preliminary decree to appoint a commissioner to effect parti...
Hinduja Foundries Limited. Vs. Tamil Nadu Electricity Board 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 Certiorarified Mandamus, calling for the records relating to the communication of the second respondent dated 26.04.2012 bearing Letter No.SE/CEDE/CGL/DFC/RCS/AS/ /D403/2012, along with the consequential communication of the second respondent dated 26.05.202, quash the same and forebear the respondents from disconnecting the electricity connection to the petitioner's plant situated at Plot No.K-2, SIPCOT Industrial Estate, Phase II, Arneri Village, Sriperumbudur 602 105.O R D E R1. This Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the communication of the second respondent dated 26.04.2012 bearing Letter No.SE/CEDE/CGL/DFC/RCS/AS/ /D403/2012, along with the consequential communication of the second respondent dated 26.05.202, quash the same and forebear the respondents from disconnecting the electricity connection to the peti...
S.Odeliarosali. Vs. the Director of Elementary Education and ors.
Court: Chennai
Decided on: Jul-23-2012
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relation to the impugned proceedings issued by the 3rd respondent in A.THI.MU.NO.1777/Aa2/09 dated 10.11.2009 and quash the same as illegal and consequentially to direct the respondents to pay to the petitioners the incentive increments for the higher educational qualification of M.Ed., degree obtained by the petitioners.ORDER1. The first petitioner was in possession of B.A and also B.Ed., at the time of appointment as Secondary Grade Teacher on 07.07.1995. Similarly, the 2nd petitioner was in possession of B.A and also B.Ed., at the time of appointment as Secondary Grade Teacher on 25.03.1985. Though the petitioners are having higher qualifications, pursuant to G.O.Ms.No.539 Education (M1) Department, dated 21.04.1986, they were appointed as Secondary Grade Teacher.2. The petitioners thereafter passed M.Ed., in the year 2000 and 2001 res...
Arunai College of Engineering. Vs. Anna University and ors.
Court: Chennai
Decided on: Jul-23-2012
W.P.No.3363 of 2012 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent in the proceedings in letter No.COE/4784/C36/MP/2011-59/Show Cause Notice/2012, dated 2.2.2012 and quash the same as malafide, arbitrary and lacking jurisdiction.W.P.No.17707 of 2012 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first respondent to include the name of the petitioner college in the list of colleges in counseling process at the time of admission for 1st year B.E. Courses and lateral entry for 2nd year B.E. Courses with counseling code for the academic year 2012-2013 within the time frame fixed by the court.COMMON ORDER1. Both writ petitions came to be posted on being specially ordered by the Hon'ble Chief Justice, vide order dated 13.7.2012.2. These two writ petitions were filed by the same College, i.e., Arunai College of engine...
Sundaramoorthy. Vs. the Deputy Superintendent of Police
Court: Chennai
Decided on: Jul-23-2012
The writ petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents to order the discharge of the petitioner's Fixed Deposit Receipts issued by the 2nd respondent and bearing No.0909401003525/2 to 0909401003525/8 totalling to an amount of Rs.6,80,76,104/- to enable the petitioner to encash the same together with interest @ 12% per annum from 14.08.2011 which is subsequent to the date of maturity till the payment.ORDER1. "AS YOU SOW, SO YOU REAP ". What will be reaped by a party, if a party commits "suppression of material facts, pleading falsehood", the decision in this case would give the result. The petitioner invested a sum of Rs.6,35,00,000/- in the fixed deposits with the second respondent bank for the period of one year. On maturity, the amounts were not released inspite of request and reminders. Therefore, the petitioner is before this court seeking mandamus to discharge of of the petitioner's fixed dep...
The Agricultural Production Commissioner. Vs. S.Venkatachalam and anr.
Court: Chennai
Decided on: Jul-23-2012
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to quash the award passed by the Presiding Officer, First Addl. Labour Court, Chennai in Claim Petition No.498 of 2001.O R D E R1. The challenge in this writ petition to the award passed by the learned Labour Court, Chennai on a petition moved by the respondent No.1 under Sec.33-C(2) of the Industrial Dispute Act.2. The pleaded case of the respondent No.1 in the petition under Sec.33-C(2) of the Industrial Dispute Act is that he joined the office of the Director of Agricultural Marketing as a Clerk in the year 1964 and voluntarily retired from service in 1979 due to ill health. The respondent No.1 was paid adhoc pension of Rs.26,625/- (Rupees twenty six thousand six hundred and twenty five only) for the period 12.06.1995 to 30.04.2001.3. The respondent No.1 thereafter filed representation with the employer for grant of total pension and on the failure of the peti...
R.Subramanian, and ors. Vs. the Corporation of Chennai and ors.
Court: Chennai
Decided on: Jul-23-2012
Writ Petition No.18145 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to receive, process and consider the application for demolition and reconstruction and for planning permission for the proposed construction at Block No.52, R.K.Shanmugam Salai, K.K.Nagar, Chennai-78 comprised in S.No.419/1A part of Kodambakkam Village, Mambalam-Guindy Taluk, Chennai District of a total extent of 2 grounds and 2200 sq.ft. within the sub-registration district of Ashok Nagar and registration district of Central Chennai, in accordance with law and without insisting on production of No Objection Certificate from the third respondent.Writ Petition No.18146 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to receive, process and consider the application for demolition and reconstruction and for planning permission for...
Songappan. Vs. S.P.Sathasiva Gounder and ors.
Court: Chennai
Decided on: Jul-23-2012
Civil revision petition preferred under Section 115 of the Code of Civil Procedure against the order dated 03.04.2012 passed by the learned Principal Subordinate Judge, Erode in I.A.No.98 of 2012 in O.S.No.221 of 2000.ORDER1. This civil revision petition is focussed as against the order dated 03.04.2012 passed by the learned Principal Subordinate Judge, Erode in I.A.No.98 of 2012 in O.S.No.221 of 2000.2. Heard both sides.3. Avoiding unnecessary details, the germane facts absolutely necessary for the disposal of this petition would run thus:The respondents herein filed the money suit; whereupon the defendant filed the written statement; pendente lite the original plaintiff died; whereupon the legal heirs were impleaded and when the matter came up for trial, the defendant remained absent and hence he was set exparte and accordingly the exparte decree was also passed. Subsequently, an application under Order 9 Rule 13 of CPC was presented with an application to get the delay of 792 days c...
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