Chennai Court July 2012 Judgments
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U.A.inniah. Vs. the Correspondent
Court: Chennai
Decided on: Jul-03-2012
Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the representation dated 11.2.2010 & 10.2.2010 respectively within such time frame as may be stipulated.COMMON ORDER1. These writ petitions are filed to issue a Writ of Mandamus directing the respondent to consider the representation dated 11.2.2010 & 10.2.2010 respectively within such time frame as may be stipulated.2. Four writ petitions have been filed for a Mandamus to consider the respective representation of the individual and grant them the benefit of Government scale of pay and the benefit of the recommendations of the 6th Pay Commission.3. The respondents filed counter affidavit objecting to the filing of the writ petition for a Mandamus as above stating that the relief sought for in the representation by all these writ petitioners cannot be granted as the respondent's school is unaided private minority school and therefore, it would n...
Mr.Hariharan Ramasamy. Vs. the State of Tamilnadu and anr.
Court: Chennai
Decided on: Jul-03-2012
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 respondents from acquiring the petitioner land in Plot No.901 situated in Survey Nos.306/3A and 306/3B in 180 Mathur Village measuring to an extent of 2400 square feet, Sriperumpudur Taluk, Kancheepuram District without following due process of law.Writ Petition No.16394 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from acquiring the petitioner land in Plot No.912 situated in Survey No.306/3A in 180 Mathur Village measuring to an extent of 2400 square feet, Sriperumpudur Taluk, Kancheepuram District without following due process of law.Writ Petition No.16395 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from acquiring the petitioner land in Plot No.914 situated in Survey Nos.306/3A and 3...
V.Ramesh Kumar. Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-03-2012
Prayer: Writ Appeal against the order dated 26.02.2010 passed in W.P.No.25665/2006.JUDGMENT(Judgment of the court was delivered by Justice M.Venugopal)1. The Appellant / Petitioner has projected this Writ Appeal as against the order of the Learned single Judge dated 26.02.2010 in W.P.No.25665/2006.2. The Appellant / Petitioner joined as a Typist (appointed through TNPSC) on 28.05.1990. During the year 2001, while he was working in the office of the Director General of Prison, Chennai, he was stated to be of ill-health. On 18.07.2001, he was transferred and posted to the Central Prison at Coimbatore. Therefore, he applied for leave from 15.10.2001 to 05.02.2002 in different short spells,. Thereafter, again from 03.04.2002 to 05.04.2002, he applied for leave. Subsequently, he remained absent from 06.04.2002, without applying for leave. A Charge Memo as per Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, was issued by the Fourth Respondent on 09.05.2002.3. The...
P. Sarumathi. Vs. the State of Tamil Nadu and ors.
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 respondents 4,2 and 3 in connection with the orders passed by them in their Proc.Rc.484/97/M3 dated 16.4.97, Letter No.33162/T&A.I/97-3 dated 16.10.97 and Letter No.10171/T&A.I/98-7 dated 23.3.2002 respectively and quash the same.ORDER1. The petitioner was selected for appointment to the post of Junior Assistant, through Tamil Nadu Public Service Commission. The petitioner joined service on 5.4.73 in Treasuries and Accounts Department, Ramnad District Treasury Unit. The service of the petitioner was regularised on 5.4.73 and probation cleared on 16.6.75. The petitioner was promoted to the post of Accountant with effect from 1.7.80.2. The petitioner applied for transfer to Chennai Unit on 6.7.81, as Accountant since her husband was employed in Reserve Bank of India, Chennai. For want of vacancy in the post of Account...
M.Ramasamy. Vs. Venkatachalam and ors.
Court: Chennai
Decided on: Jul-03-2012
Civil revision petition preferred against the order dated 9.4.2012 passed by the First Additional Sub Court, Erode, in E.P.No.1 of 2008 in O.S.No.528 of 2001.ORDER1. Animadverting upon the order dated 9.4.2012 passed by the First Additional Sub Court, Erode, in E.P.No.1 of 2008 in O.S.No.528 of 2001, this civil revision petition is filed.2. Heard the learned counsel on both sides.3. A summation and summarisation of the germane facts, in a few broad strokes, could be encapsulated thus:(i) The revision petitioner herein happened to be the second defendant in the suit for partition. Preliminary decree was passed and the matter was litigated up to the Supreme Court.(ii) Thereafter final decree proceedings were initiated and up to this Court, the matter was litigated and finality was achieved.(iii) Thereafter, E.P.was filed for the purpose of executing the final decree. At that time counter was filed by the revision petitioner/second defendant, challenging and impugning certain facts found ...
S. Devaraj. Vs. the Secretary to Government of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-03-2012
Writ petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus, calling for the records relating to the proceedings of the 2nd Respondent dated 25.7.2006 issued in Na.Ka.No.3051/2006/A3 and the proceedings of the 3rd respondent dated 31.7.2006 issued in Na.Ka.No.36/2006 and quash the same restricting the date of bringing the petitioners into time scale with effect from 23.6.2006 onwards alone and to issue consequential direction to the respondents to bring the petitioners into the regular time scale from the date on which they completed three years consolidated pay services in the light of G.O.Ms.No.199 Municipal Administration and Water Supply Department, dated 12.8.1997 and G.O.Ms.No.84 Municipal Administration and Water Supply Department, dated 21.5.1998 and the Judgment of the Division Bench dated 23.06.2010 passed in W.A.Nos.47 and 385 of 2010 with all consequential service and monetary benefits.O R D E R1. The prayer in the writ peti...
V.Kamatchi. Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jul-03-2012
Civil revision petition preferred against the order dated 25.6.2012 passed by the District Munsif, Cheyyar, in O.S.S.R.No.1528 of 2012.ORDER1. Inveighing the order dated 25.6.2012 passed by the District Munsif, Cheyyar in O.S.S.R.No.1528 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 petitioner herein filed the plaint with the following prayer:"to pass a judgement and decree:i) for a declaration that the plaintiff and 3 to 6 defendants are legal heirs of deceased Govinda Pillai and Kuppu Pillai @ Kuppusamy Pillai and in consequence thereof for a mandatory injunction directing the 2nd defendant to issue legal heirship to the plaintiff and 3 to 6 deendants;ii) for costs of this suit."(extracted as such)(ii) However, the lower Court returned the plaint after repeated returns and ...
Gokilambal. Vs. S.Palani
Court: Chennai
Decided on: Jul-03-2012
Second Appeal filed under Section 100 CPC. as against the judgment and decree, dated 12.04.2005, passed by the III Additional Judge, City Civil Court, Chennai, in A.S.No.535 of 2004, confirming the judgment and decree, dated 29.12.2003, passed in O.S.No.2213 of 1999, by the XV Assistant Judge, City Civil Court, Chennai.J U D G M E N T1. The suit was filed by the plaintiffs/respondents herein seeking to grant a decree against the first defendant, declaring that the cancellation deed, dated 29.04.1998, executed by the first defendant and registered as document No.426/1998 in the Office of the Sub-Registrar at Triplicane, as invalid in law. The learned trial Court in O.S.No.2213 of 1999, dated 29.12.2003, had decreed the suit in favour of the plaintiffs. As against that, when an appeal was preferred by the defendants, the same was dismissed by the learned first appellate Court in A.S.No.535 of 2004, dated 12.04.2005, confirming the judgment and decree passed by the learned trial Court. As...
E.Sivanesan. Vs. the Chairman and ors.
Court: Chennai
Decided on: Jul-03-2012
Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a Writ in the nature of Certiorari, calling for the records relating to the proceedings of the Executive Director (P&A), Airport Authority of India, New Delhi, the 2nd respondent made in F.No.A.32016/12/99-EW, dated 19.02.2003, quash the same and direct the respondents to revise the scale of pay of the petitioner in the post of Draftsman Grade II (Junior Draftsman) as Rs.425-700 with effect from 01.01.1973 notionally and to grant actual monetary benefits from 29.07.1978 as ordered by the Hon'ble High Court of Delhi in its order dated 12.07.2002 made in C.W.P.No.2168 of 1985 in respect of similarly placed Draftsman Grade II and for consequential refixation of pay of the petitioner in all other cadre held by the petitioner till his retirement and also the revision of pension based on the above refixation and pay all the arrears due to the petitioner on account of the above refixation and disburs...
Kumar. Vs. the State of Tamil Nadu, and ors.
Court: Chennai
Decided on: Jul-03-2012
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the respondents to consider the representation of the petitioner dated 16.5.2012 by providing adequate police protection to live peacefully without fake encounter threat and detention under TN Act 14/82 to secure the ends of justice.ORDER1. The petitioner has filed the present writ petition seeking for a direction to the respondents to consider the representation, dated 16.05.2012 for providing adequate police protection to live peacefully without fake encounter threat and detention under the Tamil Nadu Act 14/82.2. The petitioner was elected as the member of Ward No.7 of P.N.Patty Panchayat in the election held during the year 2011. Subsequently he was elected as the Vice President of the said panchayat in the election held for the said post. He was also undertaking contract works with the Electricity Board in the name of Aarthi Constructions. It is his ...
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