Chennai Court July 2012 Judgments
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S.Veerakumar. Vs. the Deputy Superintendent of Police
Court: Chennai
Decided on: Jul-19-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records relating to the order of rejection passed in Na.Ka.No.241/SDOG/Mike/2012, dated 07.05.2012 on the file of the first respondent, quash the same and to direct the respondents to permit the petition to hold agitation (Kandana Aarpattam) for the cause mentioned in the application of the petitioner dated 04.05.2012 to be held on 19.05.2012 or any other subsequent dates.ORDER1. The short question that arises for consideration is whether the first respondent is justified in refusing to give permission to the petitioner to conduct protest demonstration against the closure of Beef stall run by the Aruntathiyinar during weekly market at Kavundappadi?2. The petitioner claims to be the Convener of the joint committee for Caste Abolition. He had applied for the conduct of protest demonstration on 09.05.2012 at 03.00 p.m. vide his requisiti...
The General Manager. Vs. V.Jeyabharathi
Court: Chennai
Decided on: Jul-19-2012
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 29.09.2009 in M.C.O.P.No.147 of 2007 on the file of Motor Accident Claims Tribunal (Additional District Judge-cum- Fast Track Court), Ramanathapuram.Cross Objection filed under Order 41, Rule 22 of Civil Procedure Code against the Judgment and Decree dated 29.09.2009 made in M.C.O.P.No.147 of 2007 on the file of Motor Accident Claims Tribunal (Additional District Judge-cum- Fast Track Court), Ramanathapuram.COMMON JUDGMENTR.BANUMATHI,J.1. Being aggrieved with the quantum of compensation of Rs.37,53,000/- awarded to the Claimants for the death of deceased Balamurugesan in the road traffic accident on 17.11.2006, Appellant-Tamil Nadu State Transport Corporation has preferred C.M.A.(MD) No.655 of 2011. Being dissatisfied with the quantum of compensation, Claimants have filed Cross Objection (MD) No.28 of 2011 seeking for enhancement.2. Brief facts are that the deceased Bala...
B. Fazulul Huq and ors. Vs. the Chairman and ors.
Court: Chennai
Decided on: Jul-19-2012
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 relating to the proceedings of the 2nd respondent issued in Proc.No.17218/E1/91 dated 22.10.2003 and quash the same and direct the respondents 1 and 2 to promote the petitioners in accordance with the panel of Assistants prepared by the 2nd respondent for promotion to the post of Superintendent for the year 2003-2004 by his Proceedings in Proc.Rc.No.17218/E1/91 dated 27.5.2003.ORDER1. The petitioners have approached this Court with a prayer for issuance of a writ in the nature of Certiorari for quashing the promotion to the respondents Nos.3 to 13 as Superintendents being in violation of statutory regulation.2. The petitioners were appointed as Junior Assistants in the Tamil Nadu Wakf Board in the year 1978 and 1979, whereas, the respondents 3 to 13 were appointed as Junior Assistants in the year 1976 and therefore, admittedly, w...
Sankari. Vs. Jayalakshmi and ors.
Court: Chennai
Decided on: Jul-19-2012
S.A.No.1241 of 2011:This second appeal is filed against the judgement and decree dated 16.06.2011 passed by the learned VII Additional Judge, City Civil Court, Chennai in A.S.No.120 of 2010 reversing the judgement and decree dated 14.12.2009 passed by the learned II Assistant Judge, City Civil Court, Chennai in O.S.No.3732 of 2008.CRP NPD.No.3893 of 2011: Civil revision petition preferred under Section 115 of the Code of Civil Procedure as against the order and decreetal order dated 16.06.2011 passed by the learned VII Additional Judge, City Civil Court, Chennai in C.M.P.No.87 of 2011 in A.S.No.120 of 2010.Cross Objection No.6 of 2012: Cross Objection as against the judgment and decree order dated 16.06.2011 passed by the learned VII Additional Judge, City Civil Court, Chennai in A.S.No.120 of 2010.COMMON ORDER1. Heard all the Advocates concerned.2. A summation and summarisation of the germane facts, in a few broad strokes, absolutely necessary for the disposal of the second appeal, th...
R.Natarajan. Vs. Commissioner and Director of Survey and Settlement.
Court: Chennai
Decided on: Jul-19-2012
Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of certiorarified mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his proceedings in Na.Ka.A.4/3630/2007 dated 25.04.2007 and the order in Na.Ka.Aa4/3633/2007 dated 01.09.2008 and quash the same and direct the respondents to reinstate the petitioner in service and confer all the consequential benefits.(Prayer amended as per order dated 26.08.2010 by KBKVJ in M.P.No.1 of 2010)O R D E R1. As per the amended prayer, the petitioner seeks to challenge an order dated 25.04.2007 passed by the Assistant Director of Survey and Land Records, Kanyakumari District as well as the order dated 01.09.2008 of the same authority. By the impugned orders, the sanction of medical leave as unearned leave was cancelled and he was also dismissed from service respectively.2. The writ petition was admitted on 24.09.2008. In the application for interim stay, only notice was ordered. Sub...
P.Mullaivendan. Vs. the Director of School Education
Court: Chennai
Decided on: Jul-19-2012
PRAYER 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 order passed by the second respondent in Na.Ka.No.2320/Aa 2/06 dated 28.07.2006 and quash the same and direct the respondents to promote the petitioner as Headmaster High School, from the date on which his juniors were promoted and confer all the consequential benefits.ORDER1. The petitioner initially joined in service as Tamil Pandit in Panchayat Union Middle School, Karattampatti, Trichy District on 20.01.1984. His service conditions are governed by the rules viz., the Tamil Nadu Panchayat Union School Teachers Service Rules, 1981.2. While he was working as Tamil Pandit in Moovanoor Panchayat Union Middle School, the same was upgraded as High School in G.O.Ms.No.884, Education Department, dated 24.09.1992. He was absorbed as Tamil Pandit on 10.11.1992 in the newly upgraded High School. That is, he came to High School ...
Minor Janarthanan. Vs. the Government of Tamilnadu, and ors.
Court: Chennai
Decided on: Jul-19-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the respondents to value the answer book of the petitioner (vide registration No.373512), to revalue the answer book in the subject of Biology (Botany and Zoology) by a competent valuer.ORDER1. The petitioner has filed the present writ petition seeking for a direction to the respondents to value the answer book of the petitioner with registration No.373512 to revalue the answer book in the subject of Biology by the competent valuer.2. When this writ petition came up on 29.06.2012, this court directed Mr.P.Sanjai Gandhi, learned Additional Government Pleader to get instructions from the respondents. Accordingly, the learned Additional Government Pleader produced a photo copy of the answer book given by the petitioner and also filed a counter affidavit, dated Nil (July, 2012). He also produced the key answer sheet in respect of the said question paper. In t...
G.R.Chandran. Vs. the Director of Public Health
Court: Chennai
Decided on: Jul-19-2012
Prayer:- This petition came to be numbered by transfer of O.A.No. 5607 of 2002 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Mandamus, to direct the respondents to promote the petitioner (Seniority No.429A) as Block Health Supervisor with retrospective effect from the date of promotion given to his Junior Thiru Kothandaraman (Seniority No.430) with all consequential benefits.O R D E R1. The petitioner joined service as an Assistant in the Public Health Department on 04.01.1963. The petitioner while in service underwent Sanitary Inspector course in the year 1965 and on completion of Sanitary Inspector course, he was posted as Field Assistant from 17.09.1966 till 16.04.1967. The petitioner was promoted as Health Assistant in Kanyakumari District on 17.04.1967 and thereafter promoted as Health Inspector on 03.02.1968. The petitioner retired from service on attaining the age of superannuation.2. It is submitted that though the petitioner w...
The Oriental Insurance Co.Ltd. Vs. Kalpana, and ors.
Court: Chennai
Decided on: Jul-19-2012
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, againstthe award made in MCOP No.139 of 2007 dated 27.07.2009 on the file of thePrincipal District Judge / Motor Accidents Claims Tribunal, VirudhunagarDistrict @ Srivilliputhur.S.VIMALA, J.JUDGMENT1. The appeal is filed by the Insurance Company challenging the finding ofnegligence and quantum of compensation. The deceased-K.Lingam, aged 29 years,working as conductor and earning a sum of Rs.4,033/- per month, died in anaccident that took place on 10.05.2007, when he was serving as conductor in thebus bearing Registration No.TN-67-M-6468.2.According to the averments in the claim petition, the bus started itsjourney at Tirunelveli and it was proceeding towards Rajapalayam, and when thebus was negotiating a curve, the driver applied sudden brake which made theconductor to fell down from the bus and thus he happened to die in the accident.3.The claim was resisted by the Insurance Company on the contention thatit is an invited ...
S. Ravi. Vs. Srinivasan and ors.
Court: Chennai
Decided on: Jul-19-2012
Civil Revision Petition under Article 227 of the Constitution of India against Election O.P. No: 236 of 2011 filed to declare the election of the 1st respondent as President as null and void and to order recounting and the same is pending on the file of the learned Principal District Judge at Chingleput, to expediate the trial and to exercise and invoke its jurisdiction to dispose off the case in conformity with Act and rules.O R D E R1. Heard Dr. R. Sampath Kumar learned counsel appearing for the revision petitioner; Ms. T. Hemalatha learned counsel appearing for the 1st respondent; Mr. B. Nedunchizhian learned counsel appearing for the Election Commission and Mr.T.Jayaramaraj learned Government Advocate appeairng for the 9th respondent. Already, Respondents 2, 3, 4, 5 and 6 have remained exparte before the lower Court and hence, the revision petitioner is not seeking any relief as against these respondents as indicated in the cause title itself.2. The revision petitioner, who has con...
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