Chennai Court July 2012 Judgments
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D.Sivakumar. Vs. the State of Tamil Nadu and anr.
Court: Chennai
Decided on: Jul-20-2012
PRAYER:This petition came to be numbered by transfer of O.A.No. 3071 of 2002 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of mandamus, directing the respondents to appoint the petitioner as Grade II Police Constable in the present vacancy for the year 2000, 2001.O R D E R1. The petitioner prays for issuance of a writ in the nature of mandamus, directing the respondents to appoint the petitioner as Grade II Police Constable against the available vacancy for the year 2000 2001.2. The writ petition as framed is not competent, as this Court in exercise of writ jurisdiction, cannot issue a writ in the nature of mandamus, to direct the respondents to appoint the petitioner against the available vacancy. This Court can only issue direction to consider the case of eligible person as and when vacancy is advertised and the applicant is denied the right of consideration illegally, but the prayer made in this writ petition cannot be allo...
M. Ravindran. Vs. the Deputy Registrar of Co-operative Society.
Court: Chennai
Decided on: Jul-20-2012
Writ Petition filed under under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the respondent in proceedings Tha Pa.1/2002/A dated 16.5.2002 and quash the same in respect of the petitioner alone and further direct the respondent to permit the petitioner to continue the work as Senior Inspector in the respondent's office.ORDER1. The petitioner was appointed as Junior Inspector in the Cooperative Department on 29.11.1985. The petitioner was assigned the work of Special Officers of the Cooperative Societies (whole sale) at P. Agaram, Arimalai and Karaikudi with headquarters at P. Agaram.2. The petitioner was promoted as Senior Inspector on 27.3.98. He was thereafter promoted from Co-operative (wholesale) to Co-operative societies (Dairy) by the Joint Registrar of Co-operative societies, Vellore Zone in Na.Ka.No.4990/2001/A1 dated 20.5.2001. The petitioner was placed under the control of Deputy Registrar of ...
Devendran. Vs. Chinnammal
Court: Chennai
Decided on: Jul-20-2012
Civil revision petitions filed against the order dated 20.12.2010 passed in I.A.Nos.524 and 525 of 2010 in O.S.No.217 of 2004,by the District Munsif Court, Tirupattur, Vellore District.ORDER1. Inveighing the order dated dated 20.12.2010 passed in I.A.Nos.524 and 525 of 2010 in O.S.No.217 of 2004, by the District Munsif Court, Tirupattur, Vellore District, these civil revision petitions are filed.2. A thumbnail sketch of the germane facts absolutely necessary for the disposal of these civil revision petitions would run thus:(i) One Chinnammal and Chennakesavan filed the suit as against the revision petitioners herein-1.Devandiran and 2.Rajendiran seeking partition.(ii) Chinnammal died pendente lite. It so happened that the suit was decree ex-parte. Subsequently final decree application was filed by Chinnakesavan. At that time, notice was served on the revision petitioners/defendants. Whereupon, they came to know about the suit O.S.No.217 of 2004 and the passing o...
N.Selvaraj. Vs. the District Collector and ors.
Court: Chennai
Decided on: Jul-20-2012
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 entire records connected with the impugned resolution of termination of the 5th respondent vide resolution No.149/2005 dated 24.06.2005 and quash the same and direct the respondents to reinstate the petitioner in service as Panchayat Board Assistant, Ulagankathan Village, Kallakurichi Taluk, Villupuram District with effect from 24.06.2005 with all consequential benefits including arrears of pay, increment, leave salary etc.O R D E R1. The petitioner prays for issuance of a writ in the nature of Certiorari for quashing the resolution passed by the Ulagankathan Panchayat No. No.149/2005 dated 24.06.2005 with the consequential relief of reinstatement in service with all consequential benefits.2. The petitioner was appointed as Hereditary Village Munsif. The post of Hereditary Village Munsif was abolished by the State Government vide G.O.Ms.No.962, R...
P. RadhA. Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-20-2012
Common Prayer:These Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the Registrar General, High Court, Madras, 4th respondent herein vide proceedings in Roc.No.21/2012-Con.B2, dated 25.4.2012 and quash the same as arbitrary, unreasonable being violative of rules and principles of natural justice and consequently direct the respondents to consider absorption and regularisation of the services of the petitioner as Additional District Judge following the guidelines laid down in 2002 (5) SCC 1.O R D E RN. PAUL VASANTHAKUMAR, J.1. The prayer in these writ petitions are to quash the proceedings of the Registrar General, High Court of Madras, 4th respondent herein, issued in ROC.No.21/2012-Con.B2, dated 25.4.2012 and direct the respondents to consider absorption and regularisation of the petitioners' services as Additional District Judges, following ...
The Director of School Education and ors. Vs. Uma Maheswara Higher Sec ...
Court: Chennai
Decided on: Jul-20-2012
Prayer Writ Appeal is filed under Clause 15 of Letters Patent against the Order dated 22.12.2008 made in W.P.(MD) No.8896 of 2008 on the file of this Court.JUDGMENTR.BANUMATHI,J.1. Being aggrieved by the order dated 22.12.2008 made in W.P.(MD) No.8896 of 2008 quashing the Proceedings of the 2nd Appellant- Chief Educational Officer, Thanjavur in Na.Ka.No.7207/A5/2008 dated 29.8.2008 and Na.Ka.No.3688/A5/2008 dated 18.09.2008 and directing the Authorities to pay salary to three teaching staff from the date on which the Authority stopped paying salary to them, Government preferred this Appeal.2. 1st Respondent is an Aided Higher Secondary School. Originally, Tamil was the medium of instruction in the said school. 1st Respondent filed W.P.No.7658 of 1986 and another Writ Petition to enable it to get permission to convert one of the existing Tamil Medium Section into English Medium Section. Based on the order in W.P.No.7658 of 1986, the 1st Appellant, in Proceedings R.C.23107/L3/86 dated 09...
N.Karnakaran. Vs. the Commissioner of Municipal Administration
Court: Chennai
Decided on: Jul-20-2012
PRAYER IN BOTH W.Ps.:These petitions came to be numbered by transfer of O.A.No.3117 & 3118 of 2012 of 2002 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the impugned show cause notice bearing Roc. No.2519/93/ OP3/C1 dated 17.05.2002 passed by the respondent, for dismissal from service.COMMON ORDER1. This order shall dispose of W.P.No.9263 of 2007 & 19334 of 2012, as the common question of fact and law are involved in these two writ petitions.2. The petitioners have invoked the equitable writ jurisdiction of this Court to challenge the order passed under Rule 17 (c) of the Tamil Nadu Civil Services (D & A) 1955. In view of the conviction in criminal case, the writ petitions as framed are not competent, as it is open to the petitioners to file reply to the show cause notice by raising all objections against the proposed punishment.3. Both the writ petitions are dismissed being not competent, with liberty ...
T. Jayaprakasam. Vs. the Joint Director of School Education
Court: Chennai
Decided on: Jul-20-2012
Writ Petition filed under under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondent to include the name of the petitioner in the panel for promotion for the year 1999-2000 as Superintendent in the appropriate place and consequently promote him as such with retrospective effect from the date of promotion of his immediate junior with all consequential benefits.ORDER1. The petitioner was appointed as Junior Assistant on 2.5.1980 and was promoted as Assistant on 28.1.94. The petitioner was eligible for further promotion to the post of Superintendent in the year 1999-2000. The name of the petitioner was not included in the panel for promotion for the year 1999-2000 as disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules were pending. On account of pendency of disciplinary proceedings, the name of the petitioner was not considered for the panel year 2000-2001 also.2. The allegatio...
Saraswathy. Vs. K.Thirumavalavan
Court: Chennai
Decided on: Jul-20-2012
Civil revision petition filed against the order dated 2.4.2012 passed by the Principal District Munsif, Ariyalur, in E.P.No.4 of 2011 in O.S.No.485 of 2004.ORDER1. Animadverting upon the order dated 2.4.2012 passed by the Principal District Munsif, Ariyalur, in E.P.No.4 of 2011 in O.S.No.485 of 2004, this civil revision petition is filed.2. The learned counsel for the petitioners would echo the cri de coeur of his clients to the effect that despite the E.P.4 of 2011 having been filed as early as on 4.1.2011, by way of enforcing the decree for removal of encroachment, the Executing Court has simply put the E.P. on the back burner and it is still pending.3. A bare perusal of the certified copy of the docket orders would show that under the caption 'enquiry', the matter was coming up for a pretty long time, which cannot be countenanced and upheld as the ones as per law. Hence, I could see considerable force in the submission made by the learned counsel for the petitioners. The Execu...
D. SujathA. Vs. the Chairman Teachers Recruitment Board
Court: Chennai
Decided on: Jul-20-2012
Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to accept the Equivalency Certificate issued by the HOD, Centre for marine Science and Technology, Manonmaniam Sundaranar University for the MSC., Marine Bio- Technology course as equivalent to M.Sc., Zoology to the petitioner dated 1/12/2009 and consequently direct the respondent to issue the appointment order to the petitioner in the post of Lecturer (Zoology) for the year 2008 - 09 in view of the selection within the time limit that may be stipulated by this Court.ORDER1. The petitioner passed M.Sc., in Marine Bio-Technology Course from Manonmaniam Sundaranar University in 1998. She did her M.Phil in Marine Bio- Technology from the same University in the year 2000. 2. The respondent called for the post of Lecturer in various Departments for the year 2008 - 2009. She applied for the post of Lecturer (Zoology). She w...
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