Chennai Court July 2012 Judgments
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Dr. E.R. Chenniappan. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-13-2012
Petitions filed under Article 226 of The Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records relevant to G.O. Ms. No.9, Health and Family Welfare Department dated 06.01.1998 and quash the order in para 4 alone and thereby direct the respondents to regularise the services of the petitioner from 24.07.1987 and 25.05.1987 respectively i.e., from the date of initial appointment based on the order of the Honourable Tamil Nadu Administrative Tribunal in O.A. No. 573 of 1995 and batch dated 15.02.1996 with consequential monetary and service benefits.COMMON ORDER1. The petitioners have come forward with these writ petitions praying to quash para 4 of the order passed by the second respondent in G.O. Ms. No.9, Health and Family Welfare Department dated 06.01.1998 and consequently direct the respondents to regularise the services of the petitioners from 24.07.1987 and 25.05.1987 respectively i.e., from the date of their initial appointment based on the ord...
A.Fazulu. Vs. State of Tamil Nadu.
Court: Chennai
Decided on: Jul-13-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the common order Rc.No.7477/E2/2011 dated 16.8.2011 issued by the second respondent rejecting the representation made by the respective petitioners and quash the same as being illegal, arbitrary and unconstitutional and consequently direct the respondents to extend the benefits of the order of this Hon'ble Court, dated 1.7.2008 in W.P.No.28492 of 2006 as confirmed in W.A.No.1398 of 2008 dated 21.4.2009 and grant all attendant service benefits to the petitioners, including monetary benefits, award costs.O R D E R1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsels appearing for the respondents.2. It has been stated that the petitioners have been working as Assistant Inspectors of Sericulture. They had worked as Sericulture Demonstrators and as Junior Inspectors of Sericu...
Perumal Chettiar. Vs. Govindammal and ors.
Court: Chennai
Decided on: Jul-13-2012
Civil revision petitions preferred under Article 227 of the Constitution of India as against the fair and decreetal orders dated 16.04.2009 passed by the learned Principal District Munsif, Kallakurichi in I.A.No.1998 of 2008 in O.S.No.409 of 1981.COMMON ORDER1. Heard all the Advocates concerned in these revisions.2. A thumbnail sketch of the germane facts, in a few broad strokes, can be encapsulated thus:(i) I.A.No.1988 of 2008 was filed by one Govindammal under Order 6 Rule 17 of the Code of Civil Procedure seeking the following reliefs:"- To amend the final decree petition and the affidavit as mentioned below:1. In Para II, after the name and address of No.4 the following has to be added.5. Navaneethammal, w/o.Sriramulu, residing at Kunniyur Village, Kallakurichi Taluk.6. Madavan S/o. Sriramulu residing at 136/194, Kesavalu Nagar, Kallakurichi.7. Kalavathi, w/o. Ramanarayanan, residing at 34B Perumal Kovil Street, Kallakurichi.8. Sridhar, S/o.Sriramulu residing at Kunniyur Village, K...
A.Soosaimanickam. Vs. Director of Elementary Education
Court: Chennai
Decided on: Jul-13-2012
Prayer: Writ Petition under Article 226 of the Constitution of India came to be numbered on transfer of Original Application No.7315 of 2001 from the file of the Tamil Nadu Administrative Tribunal, Chennai, on its abolition, praying to grant the applicant Special Grade Middle School Headmaster pay in the pay scale of Rs.2,200-4,000 with effect from 1.6.1988 and grant all other attendant benefits within such period as may be prescribed by this Court.O R D E R1. The petitioner prays for issuance of a writ in the nature of Mandamus, directing the respondents to place the petitioner in the Special Grade pay of Rs.2200-4000 with effect from 01.06.1988, on the post of Middle School Headmaster with all consequential benefits.2. The petitioner was appointed as Secondary Grade Teacher / Elementary School Headmaster on 26.07.1965. The petitioner acquired qualification of B.Ed in the year 1977 and M.Ed. In 1983. On 17.03.1988, the petitioner was promoted as Graduate Headmaster in the Middle Schoo...
K.Sundara Gounder. Vs. K.Periasamy Gounder and ors.
Court: Chennai
Decided on: Jul-13-2012
PRAYER:Civil Revision Petition filed under Article 227 of the Constitution of India against the Order and Decreetal order dated 29.07.2009 in I.A.No.183 of 2009 in O.S.No.195 of 2007 on the file of the Principal District Munsif, Kallakurichi.ORDER1. The petitioner/ plaintiff has projected the present Civil Revision Petition before this Court as against the order dated 29.07.2009 in I.A.No.183 of 2009 in O.S.No.195 of 2007 passed by the Principal District Munsif, Kallakurichi in dismissing the application to implead the proposed parties R2 to R4/ D2 to D4 in the main suit.2. The Learned Principal District Munsif, Kallakurichi while passing the orders in I.A.No.183 of 2009 in O.S.No.195 of 2007 on 29.07.2009 has among other things observed at paragraph 5 that the revision petitioner/ plaintiff had not filed any rejoinder in regard to the conduct of proceedings in O.S.No.854 of 1990, wherein a Judgment was delivered to the effect that the suit property belonged to the First respondent/ Fi...
S.Petchimuthu. Vs. the Assistant Director of Sericulture.
Court: Chennai
Decided on: Jul-13-2012
PRAYER Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to refix the Selection Grade and Special Grade Scale of Pay as indicated in Schedule-II of the Tamil Nadu Revised Scales of Pay Rules 1998, at Rs.5000-150-8000 and 5500- 175-9000 respectively to the petitioner driver with all consequential monetary benefits and to pay all arrears with effect from 01.01.1996 within a stipulated time period. ORDER1. In view of the direction sought for in the writ petitions, the Secretary to Government, Department of Sericulture, Secretariat, Chennai, is suomotu impleaded as second respondent.2. The petitioner is working as Driver in the second respondent department. The date of entry into service, the date of grant of Selection Grade, the date of grant of Special Grade and the date of retirement in service of the petitioner is given below: Sl. Name of the petitioner Date of entry date of grant date of grant date o...
Ramasamy Gounder. Vs. Uma Maheswari
Court: Chennai
Decided on: Jul-13-2012
Second Appeal filed under Section 100 CPC. as against the judgment and decree, dated 25.11.2004, passed by the learned Principal Subordinate Judge, Gobichettipalayam, in A.S. No.33 of 2004, reversing the judgment and decree, dated 27.04.2004, passed in O.S.No.208 of 2002, by the learned District Munsif, Sathyamangalam.J U D G M E N T1. The present second appeal has been filed by the plaintiff as against the judgment and decree passed by the learned Principal Subordinate Judge, Gobichettipalayam, in A.S. No.33 of 2004, dated 25.11.2004, reversing the judgment and decree passed by the by the learned District Munsif, Sathyamangalam, in O.S.No.208 of 2002, dated 27.04.2004.2. Brief facts leading to the filing of the second appeal are given as under:-The plaintiff/appellant herein filed a suit for declaration and permanent injunction against the defendants in respect of the suit property covered in Survey No.557/3 to an extent of 59.5 cents, which is covered within ABE portion. It was also ...
Kolanji Murugan. Vs. Ms.Singapore Airlines Ltd.
Court: Chennai
Decided on: Jul-13-2012
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to Na.Ka.No.45/2012/A1 dated 13.2.2012 on the file of the first respondent herein, quash the same and consequentially direct the first respondent herein to renew the petitioners lease for shop No.2, Samuthaya Nala Koodam, Pethanaickenpalyam for a further period of 3 years commencing 1.4.2012 in accordance with G.O.Ms.No.92, Municipal Administration and Water Supply (Na.Ni.4) Department dated 3.7.2007.C O M M O N O R D E R1. Since, the issues involved in all the writ petitions are similar in nature, they have been heard together and a common order is being passed.2. Heard the learned counsel appearing on behalf of the petitioners, as well as the learned counsels appearing on behalf of the respondents.3. At this stage of the hearing of the writ petitions, the learned counsel appearing on behalf of the respondents had sub...
N.R.Kothandan. Vs. the Assistant Director of Survey and Land Records
Court: Chennai
Decided on: Jul-13-2012
Prayer: Writ Petition filed under Article 226 of Constitution of India praying for a writ of Mandamus directing the respondent to defer from proceeding with the Departmental Proceedings initiated in Memo.Na.Ka.No.A10/8559/2004, dated 7.9.2004, of the respondent and all other related proceedings till the disposal of the criminal case pending on the file of the Chief Judicial Magistrate, Chengalpattu, initiated in Cr.No.9/AC/2003/CC-1 of the Vigilance and Anti Corruption Unit, Chennai-600 028 and pass such further or other orders.O R D E R:1. The petitioner has sought for a mandamus directing the Assistant Director of Survey and Land Records, Tiruvallur, to defer further action on the departmental proceedings initiated in Memo.Na.Ka.No.A10/8559/2004, dated 7.9.2004, pending disposal of the criminal case on the file of the Chief Judicial Magistrate, Chengalpattu, initiated in Cr.No.9/AC/2003/CC-1 by the Vigilance and Anti Corruption Unit, Chennai-600 028.2. According to him, when he was w...
K.Ethiraj. Vs. the District Collector and anr.
Court: Chennai
Decided on: Jul-13-2012
PRAYER Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 2nd respondent in Na.Ka.No.959/2004/Minerals dated 09.05.2006 and quash the same and consequently direct the 2nd respondent to refund the sum of Rs.75,000/- deposited on 20.12.2004.ORDER1. The petitioner was awarded lease to quarry sand for three years to an extent of 6.07 Hectares at Boothapuram village in Theni District, by way of a lease agreement dated 04.09.1990 between the petitioner and the first respondent. The three year lease period commenced from 01.07.1990 and ended on 30.06.1993. The lease amount for the first year corresponding to fasli year 1400 is Rs.41,250/- and the second year corresponding to fasli year 1401 is Rs.51563/- and the third year corresponding to fasli year 1402 is Rs.64,454/-.2. The petitioner found the sand quarrying was not profitable and he surrendered the lease durin...
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