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Chennai Court July 2012 Judgments

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Jul 05 2012

R.Vasu. Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Jul-05-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents not to interfere with the peaceful possession of the petitioner in respect of the property comprised in Nanja S.No.437/3 of an extent of 0.29 cents out of the total extent of 1 acre 29 cents situated at village No.59, Ponnery Village and Taluk, Tiruvallur District situated within the Sub Registration District of Ponnery and Registration District of Chennai North, except otherwise in accordance with law.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents not to interfere with the peaceful possession of the petitioner in respect of the property comprised in Nanja S.No.437/3 of an extent of 0.29 cents out of the total extent of 1 acre 29 cents situated at village No.59, Ponnery Village and Taluk, Tiruvallur District situated within the Sub Registration District of Ponnery and Registration District of Chennai...


Jul 05 2012

C. Chandravasagam. Vs. the Govt of Tamil Nadu and ors.

Court: Chennai

Decided on: Jul-05-2012

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 second respondent relating to his order dated 28.3.2000 made in his proceedings No.138792/EG3A/96 as confirmed by the first respondent in his order dated 26.7.2001 made in his proceedings G.O.(2D)No.29 Small Industries (E.II.2) Dept., set aside the same and direct the respondent to grant all consequential benefits to the petitioner.ORDER1. The petitioner has invoked the extraordinary equitable jurisdiction of this Court under Article 226 of the Constitution of India, praying for issuance of a Writ in the nature of Certiorari, to quash the order of punishment of stoppage of one increment with cumulative effect.2. The petitioner was appointed through Tamil Nadu Public Service Commission as Supervisor of Industrial Cooperative on 1.8.1983. He was promoted as Industrial Cooperative Officer on 16.6.1995.3. The petitioner was se...


Jul 05 2012

S.Sathyanarayanan. Vs. the Director of Medical and Rural Health

Court: Chennai

Decided on: Jul-05-2012

PRAYER:This petition came to be numbered by transfer of O.A.No. 2647 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 order of the respondent vide Ref.No.77728/E2/3/200, dated 7.3.2002 with consequential prayer for issuance of a writ in the nature of mandamus, directing the respondent to post the petitioner as Office Superintendent as per the order of promotion dated 17.4.2001 passed by the respondent with all consequential benefits.O R D E R1. The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the impugned order Ref.No.77728/E2/3/200, dated 7.3.2002, with consequential relief of directing the respondent to promote the petitioner as Office Superintendent, w.e.f. 17.4.2001 with all consequential benefits.2. The petitioner joined the service as Junior Assistant, on the recommendation of the Tamil Nadu Public Service Commission. The petitioner was promoted as Assistant ...


Jul 05 2012

A.Ganapaul Vs. the State of Tamilnadu and ors.

Court: Chennai

Decided on: Jul-05-2012

Writ Petition No.16393 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the third respondent from in any way interfering with the right of title and enjoyment of the petitioner over the land comprised in T.S.No.9 (Old Survey No.29/1), Block No.12, Walaja Taluk in the light of the order passed by this court in W.P.No.8476 of 1992 dated 22.09.1999 within the period that may be stipulated by this court.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, forbearing the third respondent from in any way interfering with the right, title and enjoyment of the petitioner over the land comprised in T.S.No.9 (Old Survey No.29/1), Block No.12, Walaja Taluk in the light of the order passed by this court in W.P.No.8476 of 1992 dated 22.09.1999.2. Ms.V.M.Velumani, learned Special Government Pleader takes notice for the respondents. By consent the writ petition is taken up for disposal.3. Petitioner made a represen...


Jul 05 2012

P. Kamalam. Vs. State of Tamil Nadu and ors.

Court: Chennai

Decided on: Jul-05-2012

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 second respondent in his proceedings Na.Ka.No.1453/84/2001 dated 23.1.2002 and quash the same and direct the respondents to reinstate the petitioner into service with continuity of service, arrears of pay, seniority and other service benefits according to law.ORDER1. The petitioner has approached this Court with a prayer for issuance of a Writ in the nature of Certiorari, to quash the impugned order of termination dated 24.1.2012.2. The petitioner got her name registered with the Employment Exchange. On requisition by the second respondent, the name of the petitioner was sponsored for appointment as Secondary Grade Teacher. The petitioner was called for interview on 22.8.2000 and he appeared for interview on 4.9.2000 where he submitted all the credentials/certificates and also filled up the verification report. In the colu...


Jul 05 2012

Akbar Alias Mohammed Akbar. Vs. V.Ayyavoo

Court: Chennai

Decided on: Jul-05-2012

Civil Revision Petitions filed under Section 115 of CPC against the decreetal and fair order passed in M.P.Nos.58 and 57 of 2011 in RCOP Nos.88 and 89 of 2010 respectively, on the file of the XV Judge, Small Causes Court, Rent Control Authority, Chennai dated 23.01.2012.ORDER1. Animadverting upon the orders dated 23.01.2012 passed in M.P.Nos.58 and 57 of 2011 in RCOP Nos.88 and 89 of 2010 respectively, by the learned XV Judge, Small Causes Court, Rent Control Authority, Chennai, this civil revision petition is focussed.2. A thumbnail sketch of the germane facts in a few broad strokes, could be encapsulated thus:The respondent/landlord filed the RCOP Nos.88 and 89 of 2010 as against the revision petitioners/tenants. It so happened that the RCOPs were dismissed for default. Thereafter M.Ps. were filed to get the delay of 110 days condoned in filing the applications to get restored the RCOPs and the said applications were allowed after hearing both sides.3. Being aggrieved by and dissatis...


Jul 05 2012

Venkatachalapathi Alias Boopathi. Vs. P.J.Venkataraman

Court: Chennai

Decided on: Jul-05-2012

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 08.08.2011 made in I.A.CFR No.14502 of 2011 in A.S.No.14 of 2011 on the file of the First Additional Sub Court, Erode by allowing this Civil Revision Petition.O R D E R1. The plaintiff in a suit for bare injunction is the petitioner before this Court. The present civil revision petition is filed by the petitioner aggrieved against the order passed by the Court below in dismissing the application filed by the petitioner seeking for appointment of a Commissioner to note down the physical features of the suit property.2. The fight is between the father and the son. The suit after contest was dismissed by the trial Court by its judgment and decree dated 27.01.2011. Aggrieved against the same, the petitioner preferred an appeal before the Sub Court, Erode in A.S.No.14 of 2011. During the pendency of the appeal, the petitioner filed I.A.No.892 of 2011 seeking for appoi...


Jul 05 2012

D.Selvam Vs. K.Shanmugham

Court: Chennai

Decided on: Jul-05-2012

Civil revision petitions preferred against the order dated 21.2.2012 passed by the Chief Judge, Court of Small Causes, Chennai, in Transfer O.P.Nos.65 & 66 of 2011.ORDER1. Animadverting upon the order dated 21.2.2012 passed by the Chief Judge, Court of Small Causes, Chennai, in Transfer O.P.Nos.65 & 66 of 2011, these civil revision petitions are filed.2. Heard the learned counsel for the petitioner, at the entertaining stage itself.3. A thumb nail sketch of the germane facts absolutely necessary for the disposal of these revisions, in a few broad strokes can be encapsulated thus:(i) The revision petitioner herein/tenant wanted the RCA.Nos.1242 and 1317 of 2005 pending on the file of VIII Judge, Court of Small Causes, Chennai to be transferred to the file of VII Judge, Court of Small Causes, Chennai, wherein RCA.Nos.437 of 2007 and 149 of 2008 are pending.(ii) The tenant, therefore took steps to get transferred the RCAs, namely, RCA.Nos.1242 and 1317 of 2005 pending on the file ...


Jul 05 2012

K.Pakkiyalakshmi. Vs. the State of Tamilnadu and ors.

Court: Chennai

Decided on: Jul-05-2012

W.P.No.13761 of 2011:This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the proceedings of the 2nd respondent in Na.Ka.No.A3/2035/2008 dated 30.04.2010 and the notification published in Tamilnadu Government Gazette Extraordinary part VI, Sec.2 dated 4.5.2010 vide No.VI(2)/163(a-2)/2010 and the consequential order passed by the 1st respondent in the G.O.Ms.No.189 Rural Development and Pachayat (Pa.Ra.4) Department dated 13.05.2011 quash the same.W.P.No.13762 of 2011:This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the proceedings of the 2nd respondent in Na.Ka.No.A3/2035/2008 dated 30.04.2010 and the notification published in Tamilnadu Government Gazette Extraordinary part VI, Sec.2 dated 4.5.2010 vide No.VI(2)/163(a-2)/2010 and the consequential order passed by the 1st ...


Jul 05 2012

M.Sakthivel. Vs. the District Collector

Court: Chennai

Decided on: Jul-05-2012

W.P.No.6632 of 2012:This writ petition has been filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 5 not to confer the licence to run the blue metal and bitumen tar mixing unit in the Anjur village in survey Nos.291/9, 291/10 and 291/11 to the sixth respondent herein as the same will affect the life of the petitioner and the petitioner livelihood.W.P.No.13405 of 2012:This writ petition has been filed under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the records relating to the third respondent herein in R.c.No.1804/2011/B2 dated 7.5.2012 and quash the same.C O M M O N O R D E R  1. Since, the issues involved in both the writ petitions are similar in nature, they have been taken up together and a common order is being passed.2. Heard the learned counsel for the petitioner, as well as the learned counsels appearing on behalf of the respondents.3. The writ petition, in W.P.N...


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