Chennai Court July 2012 Judgments
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Padmini. Vs. Easwari and ors.
Court: Chennai
Decided on: Jul-30-2012
Prayer in A.S.No.904/2005:- This Appeal is preferred against the judgment and decree, dated 11.8.2004, made in O.S.No.200 of 2004 on the file of the Additional District Judge, Fast Track Court, Poonamallee.Prayer in CMP.No.566 of 2010: This Petition is filed by the appellant/plaintiff to receive the petition mentioned documents viz. (1) Sale deed dated 29.10.1927 (2) Sale deed dated 29.9.1938 and (3) Sale deed dated 22.4.1941 as additional documents on the side of appellant/plaintiff.JUDGMENTR.KARUPPIAH,J.1. This Appeal Suit is directed against the judgment and decree, dated 11.8.2004, passed in O.S.No.200 of 2004 on the file of the Additional District Judge, Fast Track Court, Poonamallee. The plaintiff in the above said suit is the appellant herein.2. For the sake of convenience, in this Judgment, the parties are referred to as arrayed in the suit.3. The appellant/plaintiff has filed the suit for partition of her 1/3 share in the first and second schedule suit properties. Briefly, the...
P.Samuthiram. Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Jul-30-2012
Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records in pursuance of the 3rd respondent's order in Na.Ka.No.5800/2000/rp.1 dated 01.03.2006 and quash the same as deoid of merits and directing the respondents to regularise the petitioner service from October 2002 in time scale pay and to confer all the benefits within the period stipulated by this Court.ORDER1. The petitioner was employed on daily wages basis as NMR from 1991 in the 3rd respondent Municipality. Based on G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999 and also based on the proceedings dated 18.09.2001, the petitioner was appointed as Street Light Maintenance Assistant on a consolidated pay of Rs.2,000/- on regular basis by the order dated 18.09.2001 of the third respondent. In the said order, it is mentioned that the petitioner is in possession of educational qualification for ...
Mr.S.Arokiam. Vs. the Chairman
Court: Chennai
Decided on: Jul-30-2012
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the Chairman, Tamil Nadu Slum Clearance Board, Chennai, the respondent to execute and register a sale deed in favour of the petitioner premises bearing Door No.1, Plot No.323, measuring an extent of 3.88 Sq.Mts, Ambedkar Street, Karunanidhi Nagar, Ullagaram, Chennai-61.O R D E R1. A slum dweller, who has paid the entire sale consideration for purchase of the plot, allotted to him, under the Madras Urban Development Project II promoted by the Slum Clearance Board, Chennai, has sought for a Mandamus, directing the Chairman, Tamil Nadu Slum Clearance Board, Chennai, the respondent herein, to execute and register a sale deed in respect of the premises bearing Door No.1, Plot No.323, measuring an extent of 3.88 Sq.Mts, Ambedkar Street, Karunanidhi Nagar, Ullagaram, Chennai-61.2. It is the case of the petitioner that he was allotted the above plot, vide proceedings No.82/...
G.Adilakshmi. Vs. S.Anbalagan
Court: Chennai
Decided on: Jul-30-2012
These two civil revision petitions are preferred under Section 115 of the Code of Civil Procedure as against the fair and decreetal orders dated 02.04.2012 passed by the learned Subordinate Judge, Tirupattur, Vellore District in I.A.No.2 of 2012 in CMA No.3 of 2008 and 22.11.2007 passed by the learned District Munsif, Tirupattur in I.A.No.250 of 2007 in O.S.No.335 of 2004 respectively.COMMON ORDER1. These two civil revision petitions are focussed as against the fair and decreetal orders dated 02.04.2012 passed by the learned Subordinate Judge, Tirupattur, Vellore District in I.A.No.2 of 2012 in CMA No.3 of 2008 and the fair and decreetal orders dated 22.11.2007 passed by the learned District Munsif, Tirupattur in I.A.No.250 of 2007 in O.S.No.335 of 2004 respectively.2. Heard both sides.3. A summation and summarisation of the germane facts, absolutely necessary for the disposal of these two civil revision petitions would run thus:a] The respondent in these revision petitions filed the s...
The Southern Associates. Vs. the Chennai Metropolitan and ors.
Court: Chennai
Decided on: Jul-30-2012
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 auction notice of the third respondent, published in Daily Thanthi on 15.7.2012 insofar as it relates to Plot No.6/CS/CA, Mogappair East, measuring an extent of 4341 sq.ft., quash the same and for a consequential direction, forbearing the respondents from selling the said plot for "commercial use".ORDER1. This writ petition is filed by the petitioner who is having a factory at Plot No.C-28, Mugappair Industrial Estate (East), Padi, Chennai. In this writ petition, they have challenged a notice issued by the Tamil Nadu Housing Board published in Daily Thanthi newspaper on 15.07.2012 insofar as it relates to Plot No.6/CS/6A measuring to an extent of 4341 sq.ft. and for a consequential direction forbearing the respondents from selling the said plot for commercial use.2. It is seen from the records that the petition...
Chenguttuvan. Vs. the District Collector, and ors.
Court: Chennai
Decided on: Jul-30-2012
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Divisional Engineer Highways, Madurai and the Assistant Divisional Engineer, Vadipatti, the 2nd and 3rd respondent herein to consider the representation dated 25.6.2012 and 03.7.2012 for continuing the petitioner's small petty shop in Highways Road at Mela Chinnampatti, Vadipatti, Madurai and consequential direction not to remove the petitioner's shop without due process of law.ORDER(Order of the Court was made by R.BANUMATHI, J)1. Petitioner has filed this Writ Petition seeking for a direction to direct the 1st respondent to consider his representation of the petitioner dated 25.6.2012 and 3.7.2012 and for continuing the petitioner's small petty shop in Highways Road at Mela Chinnampatti, Vadipatti, Madurai, and consequently, for a direction not to remove the petitioner's petty shop without due process of law.2. Petitioner is running a small petty shop at Mela Chinnampatti, Vad...
Francis Manuel. Vs. the Director of Government
Court: Chennai
Decided on: Jul-30-2012
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 proceedings in Na.Ka.No.007784/Ei1-1/2011 dated 13.08.2011 of the 1st respondent and quash the orders passed therein and consequently direct the respondents to accord all the concomitant benefits to the petitioner including promotion to the post of Regional Secretary in the department.O R D E R1. Heard the learned counsels appearing for the parties concerned.2. The petitioner has stated that he has been working in the respondent Department, as a Superintendent. While so, certain charges had been framed against the petitioner, by way of a charge memo, dated 10.8.2009, issued by the second respondent, under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. However, by a modified charge memo, dated 6.10.2009, two charges had been levelled against the petitioner, under Rule 17(b) of the Tamil Nadu Civil ...
Union of India Represented. Vs. the Registrar and ors.
Court: Chennai
Decided on: Jul-30-2012
Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the entire records of the 1st respondent in O.A.No.767 of 2007 including the order dated 16.3.2010 as confirmed by order dated 23.11.2010 made in Review Application No.11 of 2010 and quash the same.O R D E R(Order of the Court was made by ELIPE DHARMA RAO, J)1. Aggrieved by the order of the Central Administrative Tribunal made in O.A.No.767 of 2007, dated 16.3.2010 as confirmed in Review Application No.11 of 2010 by order dated 23.11.2010, the Railways have come forward with the present writ petition.2. The facts in brief are as follows :-The Respondents 2 to 5 are working in different categories in Group 'C' service in Madurai Division in Southern Railway and they are entitled for promotion to the post of Goods Guard. According to Para 124(1) of the Indian Railways Establishment Manual (in short "the Manual"), the posts in the category of Goods Guards will be filled as under :-...
M.Karthik. Vs. the Superintending Engineer (South)
Court: Chennai
Decided on: Jul-30-2012
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus forbearing the Respondents on the basis of the petitioner representation dated 14.05.2012, from erecting, installing 11 K.V. Transformer Structure near the petitioner kitchen wall at A1 F1 Vels Mayuri Flats, Gokul Nagar Main Road, Katta Bomman Nagar, Old Pallavaram Chennai.O R D E R1. Heard Mr.A.E.Kalaiselvan, learned counsel appearing for the petitioner and Mr.P.Gunaraj, learned counsel appearing for the Respondents.2. The prayer in the writ petition is to forbear the Respondents on the basis of the petitioner representation dated 14.05.2012, from erecting, installing 11 K.V. Transformer Structure near the petitioner kitchen wall at A1 F1 Vels Mayuri Flats, Gokul Nagar Main Road, Katta Bomman Nagar, Old Pallavaram Chennai.3. The petitioner has purchased the flat comprising 1000 sq.ft. in the first floor, in the A1F1, Vels Mayura Flats, at Gokul Nagar Main Road, Kat...
Kala, Do. Santhana Krishnan. Vs. the Tamil Nadu State Level Scrutiny a ...
Court: Chennai
Decided on: Jul-30-2012
Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records relating to the Show Cause Notice of the 2nd Respondent in his letter No.24046/CV.III 2010-5, dated 15.06.2012 and quashing the same as arbitrary and illegal.ORDER(Order of the Court was made by R.BANUMATHI,J)1. Challenge in this Writ Petition is to the Show Cause Notice in Letter No.24046/CV.III.2010-5, dated 15.06.2011, issued by the 2nd Respondent, calling upon the Petitioner to show cause as to why the Community Certificate issued by the Tahsildar, Dindigul District, should not be cancelled and further requesting the Petitioner to furnish her reply within 30 days from the date of receipt of the notice.2. The case of the Petitioner is that she belongs to Kattunayakkan Community, which is classified as a Scheduled Tribe. According to the Petitioner, her father born and lived at Ponnamaravathi, Pudukkottai District, for more than 30 years and even in the ye...
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