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Chennai Court July 2012 Judgments

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Jul 02 2012

The Managing Director. Vs. Maheswari

Court: Chennai

Decided on: Jul-02-2012

Appeal filed under Section 173 of the Motor Vehicles Act 1988 against the award made in M.C.O.P.No.6 of 2006 dated 02.01.2008 on the file of the Motor Vehicles Accident Claims Tribunal, Sub Judge Mettur.JUDGMENT1. Aggrieved by the award passed by the Tribunal, the State Transport Corporation is before this Court challenging the liability and also questioning the quantum.2. On 24.02.2005, one Mr.Venkatramanan along with his two friends Jagadeesan and Kolanthaivelu travelled by Hero Honda Motorcycle which was hit by the Transport Corporation bus allegedly driven rash and negligently. In the accident, Kolanthaivelu and Venkatramanan died while they were taken for treatment and Jagadeesan survived with grievous injuries. The mother of Kolanthaivelu filed claim petition to the tune of Rs.7,00,000/-.3. The claim petition was contested by the appellant Corporation contending that three persons travelled in the motorcycle and that alone caused the accident and the rider of the vehicle did not ...


Jul 02 2012

S.A.Manian. Vs. the Wild Life and Nature and ors.

Court: Chennai

Decided on: Jul-02-2012

Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 02.12.2011 made in I.A.No.498 of 2010 in O.S.No.105 of 2010 on the file of the Subordinate Judge of the Nilgris at Uthagamandalam.O R D E R1. This Civil Revision Petition has been filed questioning the order dated 02.12.2011 passed by the learned Subordinate Judge, Nilgris at Uthagamandalam made in I.A.No.498 of 2010 in O.S.No.105 of 2010.2. The petitioner is the first defendant in the suit. One Ravikumar and S.Jayachandran representing the Wild Life and Nature and Environment Lovers of the General Public, have filed a suit for declaration, consequential permanent injunction and mandatory injunction against the defendants. The petitioner, by filing a Written Statement, has contested the matter. In the course of the proceedings, respondents 1 and 2/plaintiffs, claiming themselves as representatives of the general public, who are Wild Life, Nature and Environment Lovers of ...


Jul 02 2012

Sri Adikesava Perumal Peyalwar Devasthanam. Vs. the Corporation of Che ...

Court: Chennai

Decided on: Jul-02-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to forbear the respondents, their men, servants and agents from construction latrines and bathrooms on the pavements on the 4 sides of Chithrai Thirukulam (Tank) in Mylapore belong to the petitioner temple.ORDER1. The petitioner is the Adikesava Perumal Peyalwar Devasthanam represented by its Managing Trustee. In this writ petition, they have sought for a direction to the respondent Corporation of Chennai to forbear from constructing latrines and bathrooms on the pavements on the four sides of the Chithirai Thirukulam (Tank) in Mylapore belonging to the petitioner temple.2. The writ petition was admitted on 12.03.2008. Pending the writ petition, this court had granted an interim injunction for a limited period. Subsequently, the interim order was extended for a further period till 16.06.2008. On notice, after the orders were about to be pronounced, in the last minu...


Jul 02 2012

S.Sasidharan Vs. the District Collector, and ors.

Court: Chennai

Decided on: Jul-02-2012

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the files of the 4th respondent pertaining to its order bearing No.166/2011-12 dated 1.11.2011 and quash the same and consequently, direct the respondents to remove the workshop of the 5th respondent situated at Survey No.324/7B1 comprised in Nalloor Village, Kanyakumari District within a time frame.ORDER R.BANUMATHI, J1. This Writ Petition has been filed to quash the proceedings in fl;ol mDkjp No.166/11-12 dated 1.11.2011 granting permission to the fifth respondent to put up a tin shed for running workshop and consequently to remove the workshop of the fifth respondent situated at Survey No.324/7B1 comprised in Nalloor Village, Kanyakumari District.2. Fifth respondent is a mechanic and he is running a workshop for four wheelers in Nalloor Village. Fifth respondent purchased the property in re- survey No.324/7B1 from one Jeyaraj of Thiruvattar Village...


Jul 02 2012

S.Balasubramaniam. Vs. the Secretary to Government

Court: Chennai

Decided on: Jul-02-2012

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in letter dated 02.08.2006 quash the same and direct the second respondent to re-convey to the legal heirs of T.S.Shanmugam, the land acquired from T.S.Shanmugam and situated at Purasawalkam Village Survey Nos. Rs.No3077, Rs.No.3078, Rs.No.3079, R.S.No.3080 and R.S.No.3081.O R D E R1. PHOENIX, at least, needed its ashes to come alive again whereas out of nothing the petitioner wants the acquired land which was acquired by the Government as early as in 1949 for expansion of graveyard. Phoenix is a unique mythological bird of the Arabian desert, worshipped in ancient Egypt, that burned itself on a funeral pyre every five or six centuries and rose from its ashes with renewed youth. The petitioner is knocking the doors of this Court for the relief, which he could not even imagine in his dream.2. The case of the petit...


Jul 02 2012

E.Prakasam. Vs. the Kancheepuram Municipality

Court: Chennai

Decided on: Jul-02-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records relating to the resolution of the respondent municipality in its emergency meeting No.12/2007-2008 held on 28.3.2008 insofar as it relates to item No.2, Sl.No.5 lease right No.22   Yathri Nivas Building lease and canteen and quash the same and to direct the respondent municipality to renew the lease of the Yathri Nivas and canteen situated at Hospital Road, Kancheepuram for further period of 3 years in terms of the decision of the municipality which was recorded by this court in W.P.No.5514 of 2008, dated 4.3.2008.ORDER1. The petitioner has filed the present writ petition seeking to challenge the resolution passed by the respondent Municipality in their meeting held on 28.3.2008 in resolution No.12/2007-2008 insofar as it relates to item No.2, Serial No.5 regarding the lease right for Yathri Nivas as well as canteen ...


Jul 02 2012

A.Vijayakumar. Vs. the Regional Joint Registrar and ors.

Court: Chennai

Decided on: Jul-02-2012

PRAYER Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondents resulting in the second respondent impugned order, dated 29.08.2009 passed in 3195/04/(N.2) A.10 and the subsequent confirmation of order passed by the first respondent dated 03.03.2010 passed in Revision Petition Na.Ka.No. 13783/09/Sha.Pa and quash the same and direction directing the respondents to promote the petitioner as Assistant General Manager on the vacancy cost in Thiruchirappalli Central Co-operative Bank, The Head Office.PRAYER Appeal filed under Clause 15 of the Letters Patent Act against the order, dated 30.04.2010 of His Lordship Mr. Justice P.Jyothimani, made in M.P.(MD).No. 3 of 2010 in W.P(MD)No.6542 of 2010.COMMON ORDERB.RAJENDRAN, J.1. The Writ Appeal arises as against the interim order, granted in M.P.(MD).No. 3 of 2010 in W.P(MD)No.6542 of 2010, which is the main Writ Petition herein.2. When the Wri...


Jul 02 2012

A.Prathaban. Vs. the Joint Registrar or Personal Officer

Court: Chennai

Decided on: Jul-02-2012

Prayer:This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to dispose the service benefits with the arrears and applicable interest forthwith to the petitioner.O R D E R1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing for the respondents.2. At this stage of the hearing of the Writ petition, the second respondent has handed over a cheque,bearing No.208034, dated 18.06.2012, for a sum of Rs.1,46,073/-, to the petitioner, towards the terminal benefits of the petitioner. The said amount has been paid to the petitioner, as full and final settlement of the terminal benefits of the petitioner.In such circumstances, as no further orders are necessary, this Writ Petition stands closed. Consequently, connected Miscellaneous Petitions are closed....


Jul 02 2012

ArangA.Ellangovan. Vs. the District Collector-cum-arbitrator and ors.

Court: Chennai

Decided on: Jul-02-2012

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to dispose of the petitioner's statutory appeal dated 18.3.2010 by giving proper opportunity to the petitioner in determining the market value of the acquired land by properly appreciating the grounds raised in the Statutory Appeal in respect of Acquired total extent of 12,853 Square Meter of lands covered under the Award No.ROC/276/2009 dated 2.11.2009 and thereby fixing a compensation of Rs.2800/- per Square Meter with a time frame fixed by this Court.O R D E R1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to dispose of the petitioner's statutory appeal dated 18.3.2010 by giving proper opportunity to the petitioner in determining the market value of the acquired land by properly appreciating the grounds raised in the Statutory Appeal in respect of Acquired total extent of 12,853 Square Meter of lands c...


Jul 02 2012

Maalaiayammal. Vs. State by the Inspector of Police

Court: Chennai

Decided on: Jul-02-2012

Criminal Appeal filed under Section 374(2) of Criminal Procedure Code to set aside the conviction and sentence dated 06.01.2003 made in S.C.No.182 of 2002 on the file of learned Additional District and Sessions Judge,(Fast Track Court No.I) Madurai.JUDGMENT1. This Criminal Appeal has been preferred against the Judgment of conviction pronounced by the learned Additional District and Sessions Judge (Fast Track Court No.I), Madurai on 06.01.2003 in S.C.No.182 of 2002 on the file of the said court convicting the appellants for offences punishable under Sections 147 & 306 of I.P.C. and sentencing each one of the accused 1 to 7 (the appellants herein) to undergo rigorous imprisonment for a period of one year for the offence under Section 147 IPC and to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/-each and in default of payment of fine, to undergo three months rigorous imprisonment for the offence under Section 306 I.P.C. The order of sentence al...


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