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Chennai Court July 2012 Judgments

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Jul 04 2012

Saradammal Alias Saradambal. Vs. G.S.Srinath

Court: Chennai

Decided on: Jul-04-2012

Appeal suit filed under Section 96 read with Order 41 Rules 1 & 2 of Code of Civil Procedure against the judgment and decree dated 20.9.2010 passed by the Principal District Judge, Tiruvallur, in O.S.No.77 of 2007.JUDGMENT(Judgment of the Court was delivered by C.NAGAPPAN, J.)1. This appeal is preferred against the judgment and decree dated 20.9.2010 passed by the learned Principal District Judge, Tiruvallur, in O.S.No.77 of 2007. The defendant is the appellant herein. For the sake of convenience, in this judgment, the parties are referred to as arrayed in the suit.2. The plaintiff filed the suit seeking for a judgment and decree directing the defendant to execute a sale deed for a sum of Rs.54,25,200/- in favour of the plaintiff or his nominee in respect of the suit property as per agreement of sale executed by the defendant on 5.10.2004, after receiving the balance of sale consideration of Rs.42,25,000/- from the plaintiff, on her failure to do so, the Court to execute the sale d...


Jul 04 2012

M.Sumathi. Vs. the Superintending Engineer

Court: Chennai

Decided on: Jul-04-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to renew the lease in favour of the petitioner in respect of vacant site situate to the left of Vettaikkaran Pudhur Kalvai, Azhiyar Nagar, Pollachi Taluk, Coimbatore District measuring an extent of 190 square feet.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to renew the lease in favour of the petitioner in respect of vacant site situate to the left of Vettaikkaran Pudhur Kalvai, Azhiyar Nagar, Pollachi Taluk, Coimbatore District measuring an extent of 190 square feet.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. Though the writ petition has been filed for larger relief, to direct the first respondent to renew the lease/licence in favour of the petitioner in respect of the above property, ...


Jul 04 2012

M. Ramakrishnan. Vs. the Secretary to Government and ors.

Court: Chennai

Decided on: Jul-04-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents from evicting or dispossessing the petitioner or demolishing the building in Survey No.167 bearing Plot No.167 measuring an extent of 3cents in Door No.54 Second Railway Gate Road No.3 Kilambakkam Village Urapakkam Panchayat, Kancheepuram Dt without due process of law or under the provision of Tamil Nadu Highways Act 34 of 2002.O R D E R1. This writ petition is filed to issue a writ of mandamus forbearing the respondents from evicting or dispossessing the petitioner or demolishing the building in Survey No.167 bearing Plot No.167 measuring an extent of 3cents in Door No.54 Second Railway Gate Road No.3 Kilambakkam Village Urapakkam Panchayat, Kancheepuram Dt without due process of law or under the provision of Tamil Nadu Highways Act 34 of 2002.2. It is the case of the petitioner that the said land has been assigned to him by the Deputy Tahsildhar, Chenga...


Jul 04 2012

M.Manikantaprasad. Vs. the Govt. of Tamil Nadu

Court: Chennai

Decided on: Jul-04-2012

PRAYER:This petition came to be numbered by transfer of O.A.No. 481 of 2003 from the file of the Tamil Nadu Administrative Tribunal, for issuance of a writ in the nature of Certiorari, to quash the order passed by the second respondent vide No.27212/AB5/98 dated 1.2.2001 and G.O.(D) No.586, Home (Prisons I) Department dated 29.5.2002 with consequential relief of issuance of a writ in the nature of mandamus, directing the respondents to reinstate the petitioner in the post of Probation Officer from 01.02.2001 with all consequential benefits.O R D E R1. The petitioner belongs to backward community, and was appointed as Probation Officer, on the recommendation of the Tamil Nadu Public Service Commission on 01.06.1972 in the Tamil Nadu Prison department.2 In the year 1995, the petitioner was served with charge memo by the Chief Probation Superintendent, on four charges of demand of Rs.350/-(Rupees three hundred and fifty only), Rs.150/-(Rupees one hundred and fifty only) Rs.300/- (Rupees t...


Jul 04 2012

P.Aruswamy. Vs. Avinashi Town Panchayat Rep.

Court: Chennai

Decided on: Jul-04-2012

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records pertaining to the Resolution No.120 dated 11.06.2012 passed by the first respondent and to quash the same.O R D E R1. Heard Mr.V.R.Thangavelu, learner counsel appearing for the petitioner, and Ms.V.M.Velumani, learned Special Government Pleader appearing for the first Respondent. Notice to the Respondents 2 and 3 is dispensed with in view of the nature of order passed.2. The petitioners have been granted licence by the first Respondent Town Panchayat for running a Poultry Meat Stall respectively at Gandhipuram, Rakkathal Kuttai, Rayampalayam and Ganwar Street, Avinashi Town Panchayat and the have paid their licence fee to the first Respondent. The licence is valid upto 31.03.2014.3. However, on 15.06.2012, the first Respondent issued a notice for auction to put up four new poultry meat stalls at Ward No.2, Ward No.5, Ward No.8 and Ward No.1...


Jul 04 2012

Tamil Nadu Civil Supplies Corporation Limited. Vs. G.Muthukrishnan

Court: Chennai

Decided on: Jul-04-2012

Prayer:- This Appeal is preferred against the judgment and decree, dated 29.10.1999, passed in O.S.No.184 of 1998 on the file of Subordinate Court, Maduranthakam (originally filed as O.S.No.66/1995 in the Court of Additional Subordinate Judge, Chengalpattu).JUDGMENTR.KARUPPIAH, J.1. This appeal has been preferred against the judgment and decree, dated 29.10.1999, passed in O.S.No.184 of 1998 on the file of Subordinate Court, Maduranthakam (originally filed as O.S.No.66/1995 in the Court of Additional Subordinate Judge, Chengalpattu). The plaintif is the appellant.2. For the sake of convenience, in this Judgment, the parties are referred to as arrayed in the suit.3. The appellant/plaintiff filed the suit for recovery of a sum of Rs.20,01,073/- (Rupees twenty lakhs one thousand and seventy three) together with interest at 17.5% per annum from the date of plaint till the date of realisation against the defendant.4. Briefly, the case of the plaintiff is that the plaintiff-Civil Supplies Co...


Jul 03 2012

A. Bhoopathy. Vs. the Deputy Inspector General of Prisons

Court: Chennai

Decided on: Jul-03-2012

Writ Petition filed under under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari to call for the records on the file of the second and the first respondents in connection with the orders passed by them in their Proceedings No.PO.4/6529/2000 dated 28.4.2000 and No.7545/Mu OU.2/2000 dated 19.12.2000 respectively and quash the same.ORDER1. The petitioner joined as Instructor Painting and Sign Board Writing on 23.12.1985. Apart from the regular duties, the petitioner was also orally ordered by the second and third respondents to write banners for the functions organised and presided over by the respondents 2 and 3. The materials for banners were used to be supplied by the Jailor and waste materials used to be thrown away and usable materials used to be stored for future use.2. The petitioner was issued a Charge Memo under Rule 17(A) of Tamil Nadu Civil Service (Discipline and Appeals) on 31.3.2000 alleging misconduct. The misconduct alleged against ...


Jul 03 2012

Durairaj. Vs. Venugopal

Court: Chennai

Decided on: Jul-03-2012

Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 22.07.2011 passed in CMA No.2 of 2010 on the file of the Principal District Judge, Perambalur.ORDER1. Animadverting upon the order dated 22.07.2011 passed in CMA No.2 of 2010, by the learned Principal District Judge, Perambalur, this civil revision petition is focussed.2. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this revision under Article 227 of the Constitution of India would run thus:O.S.No.63 of 2008 was filed by the respondent/plaintiff-Venugopal as against the original defendant Krishnan Chetti. The fact remains that even during the pendency of the suit, Krishnan Chetti died and the revision petitioners 1 to 4 were impleaded as his LRs. An ex parte decree was passed on 30.07.2008.; whereupon E.P. was filed; wherein, the property of the judgment debtor was brought for sale; R2-Senthil Kumar purchased the property. So far, the sale cert...


Jul 03 2012

K.Babu. Vs. the Chairman and ors.

Court: Chennai

Decided on: Jul-03-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider forthwith the representation dated 18.4.2012 providing electricity connection to petitioner's residence at No.37 Puthama Nagar, Kazhipatur, Padur Post, Kanchipuram District.O R D E R1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to consider forthwith the representation dated 18.4.2012 providing electricity connection to petitioner's residence at No.37 Puthama Nagar, Kazhipatur, Padur Post, Kanchipuram District.2. Mr.P.Gunaraj, learned counsel takes notice on behalf of the respondent electricity board. By consent the writ petition is taken up for final disposal.3. Petitioner states that he is residing in the above address for more than 3 years with his family. He has made an application to the respondent board for providing electricity connection for residential purpose. Since the authorities have ...


Jul 03 2012

S.Sundaram. Vs. K.Srinivasan

Court: Chennai

Decided on: Jul-03-2012

Civil revision petition preferred against the order dated 10.1.2012 passed by the District Munsif, Palacode, Dharmapuri District, in O.S.No.Ni. Of 2012.ORDER1. Animadverting upon the order dated 10.1.2012 passed by the District Munsif, Palacode, Dharmapuri District, in O.S.No.Nil of 2012, this civil revision petition is 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 this revision would run thus:(i) The revision petitioners herein filed the plaint with the following prayer:"to pass a judgement and decree:a) declaring the sale deed dated 10.7.2006 bearing document No.839/2006 registered in the office of Sub-Registrar at Marandahalli, was obtained as security for the loan amount provided to plaintiffs by the defendant;b) granting permanent injunction to restrain the defendant and his men from in any manner trespassing into the suit property or interfering with the ...


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