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Chennai Court August 2012 Judgments

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Aug 17 2012

B. Rajkumar and Others Vs. State of Tamilnadu, Rep. by Its Secretary, ...

Court: Chennai

Decided on: Aug-17-2012

(Prayer: Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to forbear the respondents, their agents, subordinates and men from evicting the petitioners from peaceful possession of their property at Plot Nos.298, 297, 307, Dunlop Nagar, 89, Veppampattu, Thiruvallur-602 024 without adhering to the due process of law by considering the petitioners' representation dated 25.7.2012.) 1. Heard Mr.S.Parthasarathy, learned Senior Counsel appearing for the petitioners and Ms.V.M.Velumani, learned Spl.G.P. appearing for the respondents. 2. The petitioner have prayed for a mandamus to forbear the respondents from evicting the petitioners from peaceful possession of their property at Plot Nos.298, 297, 307, Dunlop Nagar, 89, Veppampattu, Thiruvallur-602 024, without adhering to the due process of law, by considering the petitioners' representation dated 25.7.2012. 3. The grievance of the petitioners appears to be that they are residing in the ...


Aug 17 2012

United India Insurance Co. Ltd., T. Nagar, Chennai Vs. V. Dineshkumar ...

Court: Chennai

Decided on: Aug-17-2012

(Prayer: Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988, against the award and decree dated 24.07.2006 made in MCOP.No.5035 of 2000 on the file of Motor Accidents Claims Tribunal (Fast Track Court, No.I), Chennai.) JUDGMENT (Judgment of the Court was delivered by R.SUBBIAH, J.,) 1. This appeal arises out of an award (24.07.2006) passed by the Motor Accidents Claims Tribunal (Fast Track Court No.I), Chennai, in M.C.O.P.No. 5035 of 2000. 2. Appellant is the second respondent and first respondent is the claimant before the Tribunal. Second respondent, the owner of the vehicle, remained ex parte before the Tribunal. 3. Brief facts are as follows: First respondent-claimant sustained grievous injuries in a motor vehicle accident, which occurred on 19.11.2000 involving a vehicle bearing registration No.TN-09-L-6826, owned by the second respondent and insured with the appellant insurance company, for which, he made a claim before the Tribunal for a sum of Rs.26....


Aug 17 2012

Sivagnanam Vs. the Commissioner, Tindivanam

Court: Chennai

Decided on: Aug-17-2012

(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ in the nature of Certiorarified mandamus, calling for the records of the respondent in his proceedings relating to demand notice dated 28.05.2009 in respect of Assessment No.36648 and Door No.11/54/5, Gandhi Nagar, Tindivanam and quash the same and thereby forebear the respondent from in any way demanding or collecting the illegal enhanced property tax pursuant to the above demand notice from the petitioner.) 1. Heard the learned counsel for the petitioner, as well as the learned Additional Government Pleader, appearing for the respondent. 2. The main contention of the learned counsel for the petitioner is that the impugned demand notice, dated 28.05.2009, should not have been issued by the respondent, without issuing a special notice for increasing the property tax payable by the petitioner, in respect of the property in question. 3. The learned Additional Government Pleader, appearing...


Aug 17 2012

V.O. Jose Vs. the Secretary to Government, Mines and Minerals, Secreta ...

Court: Chennai Madurai

Decided on: Aug-17-2012

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents and their men from preventing the petitioner from transporting blue metal, blue metal chips, dust, bricks, hollow blocks from Tamil Nadu to Kerala through Puliyarai Check post at Senkottai Taluk, Tirunelveli District and Kaliakkavilai and Padanthalumoodu check post at Vilavancode Taluk, Kanyakumari District.) ORDER 1. The petitioner has filed this writ petition with a prayer for issuance of writ in the nature of Mandamus, to forbear the respondents and their men from preventing the petitioner from transporting blue metal, blue metal chips, dust, bricks, hollow blocks from Tamil Nadu to Kerala through Puliyarai Check post at Senkottai Taluk, Tirunelveli District and Kaliakkavilai and Padanthalumoodu check post at Vilavancode Taluk, Kanyakumari District. 2. In support of the petition, the petitioner had not placed any documents showing that h...


Aug 17 2012

A.S. Pasupathi (Deceased) and Others Vs. K.M. Ramasamy and Others

Court: Chennai

Decided on: Aug-17-2012

(Prayer: Appeal against the judgment and decree dated 11.03.1993 passed by the Subordinate Judge, Erode, in O.S.No.9 of 1984.) 1. The plaintiffs in the suit filed this appeal as against the judgement and decree dated 11.03.1993 passed by the Subordinate Judge, Erode, in O.S.No.9 of 1984. which was filed for recovery of money. 2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court. 3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this appeal would run thus: (a) The original deceased plaintiff/A.S.Pasupathi filed the suit as against the L.Rs. of the deceased borrower under the suit promisory note dated 30.12.1980 for recovering a sum of Rs.34,000/- with subsequent interest on Rs.25,000/- from the date of suit till the date of realisation. Pending the suit, the said Pasupathi died and his L.Rs. P2 to P4 were added. (b) The defendants resisted t...


Aug 17 2012

S. Rajendran Vs. the Estate Officer, Irrigation Division, Public Works ...

Court: Chennai

Decided on: Aug-17-2012

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records of the respondent relating to the order dated 01.07.2011, bearing No.4674/PW/ EEI/HD-EO-96(4)/2011-12, quash the same.) Chief Justice and T.S. Sivagnanam, J 1. The petitioner has filed this writ petition for issuance of a writ of Certiorari, to quash the order passed by the respondent dated 01.07.2011. The matter arises under the provisions of the Public Premises (Eviction of Unauthorised Occupants ) Act, 1971 (hereinafter referred to as the 'Act'). 2. The case of the petitioner is that he is the owner of an extent of 2115 sq.ft., in survey No.284/2A/1A/1, Saram Revenue Village, Puducherry with patta No.3349, he having purchased the same by sale deed dated 08.07.2008, together with a superstructure from one Mr.Antony son of Selvanathan Armel. It is stated that the respondent, who is the Estate Officer, Irrigation Division, Public Works Depar...


Aug 17 2012

A. P. Vijayakumar S/O. A. Ponnusamy Vs. the Agricultural Production Co ...

Court: Chennai Madurai

Decided on: Aug-17-2012

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the third respondent in his proceedings No.Roc.A/3667/2001 dated 06.09.2001 and quash the same and consequently direct the respondent to reinstate the petitioner in Government service subject to the outcome of the criminal case pending against him.) ORDER 1. The learned counsel for the petitioner submits, that this writ petition may be disposed of, by directing the respondents, to decide the Appeal filed by the petitioner, against refusal of respondents, to revoke the order of suspension. The petitioner is under suspension since 2001, whereas his co-accused has not only reinstated, but also promoted, and other co-accused was allowed to retire on attaining the age of superannuation. 2. In view of the stand taken by the learned counsel for the petitioner, this writ petition is disposed of, directing the first respondent, to disp...


Aug 17 2012

M.R. Kannan Vs. the Director General of Police, Chennai and Another

Court: Chennai Madurai

Decided on: Aug-17-2012

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to include the petitioner's name in the 2003-2004 seniority list of Police Constable Grade II on the strength of the order passed by this Court in W.P.(MD)No.1086 of 2007 dated 13.12.2007 based on the petitioner's representation dated 24.3.2012 in accordance with law within the period stipulated by this Court.) ORDER 1. The petitioner prays for issuance of a Writ in the nature of Mandamus, directing the second respondent to include the petitioner's name in the 2003-2004 seniority list of Police Constable Grade II on the strength of the order passed by this Court in W.P.(MD)No.1086 of 2007 dated 13.12.2007 based on the petitioner's representation dated 24.3.2012 in accordance with law. 2. The operative portion of the judgement passed by this Court in W.P.(MD)No.1086 of 2007 reads as under:- "7. In the light of the certificate issued by the Orthopeadician o...


Aug 17 2012

C. Mani Vs. the Regional Transport Authority, Kanniyakumari and Anothe ...

Court: Chennai Madurai

Decided on: Aug-17-2012

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from interfering or creating any trouble or problems in the operation of the petitioner's mini bus bearing Registration No.TN 31 T 8734 while plying from Melaperuvilai, Acharipallam, Medical College, Pallavilai and Vadacery Bus Stand and pass such further or other orders.) ORDER 1. The petitioner prays for issuance of a Writ in the nature of Mandamus forbearing the respondents from interfering or creating any trouble or problems in the operation of the petitioner's mini bus bearing Registration No.TN 31 T 8734 while plying from Melaperuvilai, Acharipallam, Medical College, Pallavilai and Vadacery Bus Stand and pass such further or other orders as this Court deem it fit and proper in the circumstances given. 2. In support of the prayer in Paragraph No.5 of the affidavit, it is pleaded as under:- "5. I respectfully submit that the mini bus operation day by da...


Aug 17 2012

Padmakumari Thankachi and Another Vs. the District Collector, Kanyakum ...

Court: Chennai Madurai

Decided on: Aug-17-2012

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to disburse the family pension arrears of the petitioner's mother Mrs.Vijayamma thankachi in our favour.) ORDER 1. The petitioners had approached this Court with a prayer for issuance of a Writ in the nature of Mandamus, to direct the respondents to release the family pension to the petitioners. 2. The petitioners are the daughters of late Parameswaran Thambi, who worked as Clerk with the second respondent Municipality and attained supernnaution on 30.6.1960. He left behind his widow, Mrs.Vijayamma Thankachi, mother of the petitioners, who was granted family pension after the death of their father. 3. The case of the petitioners is that after the death of their mother, now the petitioners being daughters are entitled to the family pension, which the respondents have not released, inspite of demand. 4. It is not disputed that the petitioners are aged more tha...


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