Chennai Court July 2012 Judgments
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S.Geethan C.Winson Vs. the Inspector General of Registration
Court: Chennai
Decided on: Jul-05-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Mandamus, directing the 1st respondent to issue set of Guidelines / Circular in the light of Section 69(1)(j) of the Indian Registration Act by considering the Petitioner's representation dated 12.08.2011.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Mandamus, directing the 1st respondent to issue set of Guidelines / Circular in the light of Section 69(1)(j) of the Indian Registration Act by considering the Petitioner's representation dated 12.08.2011.2. Section 69 of the Registration Act reads as under:"69. Power of Inspector General to superintend registration offices and make rules -(1) The Inspector General shall exercise a general superintendence over all the registration offices in the territories under the State Government, and shall have power from time to time to make rules consistent with this Act-(a) providing fo...
A.Vanasundari. Vs. Metropolitan Transport Corporation Ltd.
Court: Chennai
Decided on: Jul-05-2012
PRAYER:- Appeal against the judgment and decree dated 27.10.2005 made in MCOP No.2764 of 2001 by the Motor Accidents Claims Tribunal (Additional Judge, Fast Track Court No.V), Chennai.J U D G M E N T1. The appellants, who are parents of the deceased, in a road accident, seek enhancement of compensation awarded to them by the Motor Accident Claims Tribunal (Fast Track Court No.V), Chennai.2. On 25.05.2001, at about 6 p.m., at the 17M Bus-stop, on the N.S.C. Bose Road, in the road accident, one Ranjith Krishnan lost his life. It was due to the rash and negligent driving of the driver of the respondent's bus. The parents of the deceased, who are appellants have claimed compensation. The Tribunal awarded them totally Rs.1,45,000/-.3. According to the learned counsel for the appellants, in the light of the decision of the Hon'ble Supreme Court in SMT.SARALA VERMA AND OTHERS Vs. DELHI TRANSPORT CORPORATION AND ANOTHER [2009 (2) TN MAC 1 (SC)], considering the age of the mother, the multiplie...
R. Sharavanan. Vs. the Transport Commissioner.
Court: Chennai
Decided on: Jul-05-2012
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the respondent to forthwith appoint the petitioner as Motor Vehicles Inspector (Grade II) in the vacancies meant and reserved for physically disabled persons.O R D E R1. The prayer in the writ petition is to issue a writ of mandamus directing the respondent to appoint the petitioner as Motor Vehicle Inspector Grade-II forthwith in the vacancy meant and reserved for physically disabled persons.2. The brief facts necessary for disposal of the writ petition are as follows: (a) The Tamil Nadu Public Service Commission (TNPSC) issued an advertisement on 24.2.2009 calling for applications for direct recruitment to the post of Motor Vehicle Inspector Grade-II, which post comes under the Tamil Nadu Transport Subordinate Services for the vacancies of the years 2006-2008. The advertisement states that those physically handicapped persons i.e., Ortho, B...
The New India Assurance Co. Ltd. Vs. Balaram
Court: Chennai
Decided on: Jul-05-2012
PRAYER: Appeal against the judgment and decree dated 09.02.2004 made in MCOP No.1091 of 2003 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, (Fast Track Court No.II), Cuddalore.J U D G M E N T1. The appellant, New India Assurance Co. Ltd., aggrieved as against the award of the Tribunal, directed this appeal.2. On 14.01.1993, Sugavanam died in a road accident. His parents/respondents claimed compensation. The Tribunal totally awarded them Rs.3,13,000/-.3. The learned counsel for the appellant would assail the award on two grounds. Firstly, the rider of the bike in which the deceased travelled had also contributed to the accident, when especially it is a case of collision of two vehicles. Secondly, the deceased died a bachelor, however, the Tribunal adopted the multiplier "18" disregarded the age of the mother, the average age of his parents, further, instead of 50%, it had deducted 1/3rd from the notional income of the deceased towards his pleasure and oth...
J.Amusu. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-05-2012
PRAYER:This petition came to be numbered by transfer of O.A.No. 2607 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 Village Health worker on regular scale of pay and also to revise the pay of the petitioner by giving periodical increase of pay.O R D E R1. The petitioner studied upto V Std. at the Panchayat Union Elementary School, Kadampankudi, Megalathur post, Thanjavur Taluk & District. He got registered her name with the Employment Exchange, Thanjavur on 14.08.1990. She underwent Dais training from 10.11.1989 to 09.12.1989 at Government Primary Health Centre, Bothalur.2. The petitioner was appointed vide order dated 05.12.1991, on temporary basis as Female Attendant and posted at Koviladi Primary Health Centre. The petitioner was sent for departmental training from 06.03.1995 to 11.03.1995 at R.M.Hospital, Thanjavur which she successfully completed.3. The ca...
J.Chengalvarayan. Vs. the Block Development Officer
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, forbearing the respondents 1 to 3 from any manner interfering with the possession of the property of the petitioner land comprised in Survey Nos.51/7 and No.51/8, Karuppoor Village, Tindivanam Taluk, Villipuram District under the guise of laying the street road into the property of the petitioner and consequently restrain the respondents from any manner laying any road or act in furtherance of laying road through the property of the petitioner without initiating legal proceedings for acquisition of the respective property in the manner known to law.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, forbearing the respondents from any manner interfering with the possession of the property of the petitioner land comprised in Survey Nos.51/7 and No.51/8, Karuppoor Village, Tindivanam Taluk, Villipuram District under the guise of laying the street road into t...
Churchil John Wesley Raj. Vs. Deputy Superintendent of Police
Court: Chennai
Decided on: Jul-05-2012
Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., against the judgment of conviction and sentence dated 11.02.1999, made in S.C.No.185 of 1992 on the file of the I Assistant Sessions Court, Chennai.J U D G M E N T1. The criminal appeal arises out of the judgment of conviction and sentence dated 11.02.1999, made in S.C.No.185 of 1992 on the file of the I Assistant Sessions Court, Chennai, whereby the accused/appellant was convicted for the offences under Sections 306 and 498A IPC. He was convicted for the offence under Section 306 IPC and sentenced to undergo nine years rigorous imprisonment and imposed a fine of Rs.5,000/- in default in payment to undergo six months simple imprisonment. He was convicted for the offence under Section 498A IPC and sentenced to undergo one year rigorous imprisonment and imposed a fine of Rs.5,000/- in default in payment to undergo three months simple imprisonment and the sentence shall run concurrently.2. The respondent police has filed a cha...
V. Nagavalli. Vs. Pondicherry Corporation for Development
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 Mandamus forbearing the respondents in so far as it relates to altering the date of the petitioner's superannuation from 13.4.2018 to 30.11.2011 and consequently carry out the amendment in the petitioner's service register in so far as the petitioner's age as much as it relates to the retirement of the petitioner and consequently direct the respondents to treat the date of superannuation of the petitioner as 13.4.2018 and continue the petitioner's service with all service attendants and other monetary benefits.ORDER1. The petitioner prays for issuance of a Writ in the nature of Mandamus, directing the respondent to permit the petitioner to continue in service till attaining the age of superannuation.2. The petitioner joined in Pondicherry Corporation for Development of Woman and Handicapped Persons Ltd as Anganwadi Helper. She was later absorbed on the post as Women Developmen...
A.Sivagnanam Vs. the Assistant Executive Engineer
Court: Chennai
Decided on: Jul-05-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Certiorari, to call for the records in pursuant to the Impugned Order of punishment passed by the 1st respondent in Proc.No.A.5860/96 dated 26.6.2000 and quash the same and consequently direct the respondents to grant all increments to the petitioner.O R D E R1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order of punishment of stoppage of two increments with cumulative effect.2. The petitioner, while working as Nigh Watchman, was served with a charge memo. The enquiry was held, where the Enquiry Officer found the petitioner guilty of charges levelled against him. The competent authority agreed with the Enquiry Officer, and imposed the major punishment of stoppage of two increments with cumulative effect.3. Appeal was filed by petitioner and thereafter, without waiting for decision by the Appellate Authority,...
R.Nallasamy Vs. P.Kannagi and ors.
Court: Chennai
Decided on: Jul-05-2012
Civil Revision Petition filed under Section 115 of CPC to set aside the fair and decreetal order dated 23.02.2012 made in E.P.No.22 of 2011 in O.S.No.646 of 1993 on the file of the First Additional Sub Court, Erode.ORDER1. Animadverting upon the order dated 23.02.2012 passed in E.P.No.22 of 2011 in O.S.No.646 of 1993, by the learned First Additional Subordinate Judge, Erode, this civil revision petition is focussed.2. Broadly but briefly, narratively but precisely, the germane facts absolutely necessary for the disposal of this revision would run thus:The respondents/plaintiffs filed the Original Suit and ultimately it was decreed, as against which appeal was filed by the defendants, which was dismissed confirming the judgment and decree of the lower Court. E.P. was filed for execution of the sale deed and consequently sale deed was executed. At the time of delivery, the judgment debtors resisted the same by taking pleas which have been already taken during the suit stage. The appellat...
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