Chennai Court August 2012 Judgments
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R. Thirumurugan Vs. the Senior Regional Manager, Tamil Nadu State Mark ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Writ petition under Article 226 of the Constitution of India praying this Honourable Court to issue a writ of certiorarified mandamus to call for the records relating to the proceedings of the second respondent dated 14.8.2007 made in Na.Ka.No.1151/07/RV1 and to quash the same and consquently direct the second respondent to reinstate the petitioner in service with all monetary benefits.) 1. The petitioner was appointed as Salesman on a consolidated wage of Rs.2000/- p.m by order dated 18.12.2004 of the District Manager-I, Coimbatore Region. He was appointed in Shop No.1635 at Periyanaickenpalayam, Coimbatore. 2. The petitioner was placed under suspension by order dated 10.8.2007 on the ground that there was a shortage of Rs.5,529/- in Shop No.1708 in which he was employed. 3. The District Manager-I of the respondents-Corporation passed another order dated 14.8.2007 adjusting Rs.5,529/- from the caution deposit amount of Rs.15000/- made by the petitioner at the time of appointm...
G. Mohan Vs. Chennai Metro Rail Limited (Cmrl) Rep by the Chief Genera ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order of this Court passed in W.P.No.1946 of 2012 dated 27.06.2012. Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the first respondent not to make payment of compensation in lieu of acquisition of land and building of the Food Corporation of India (South Zone) Employees’ Co-operative Society Limited, MSCS/CR - 23/96 situated at 114/171, Prakasam Salai, Chennai 600 106 to the third respondent his man or to any other persons till a new board of directors are elected and assume office.) In course of arguments, we have been informed by the learned counsel appearing for the parties that the compensation amount has been deposited and subsequently, disbursed to the third respondent-society. However, the appellant is aggrieved by that portion of the order by which the learned single Judge imposed costs of Rs.10,000/- payable by the appellant to ...
M. Ananthi and Others Vs. the State Transport Authority, Chepauk
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Petition filed seeking for a Writ of Mandamus directing the Respondent and his Subordinates, namely All Regional Transport Officers, Motor Vehicle Inspectors to accept Motor Vehicles Tax for Tamil Nadu at the rate of 1/10th of quarterly tax or one month tax or one quarter tax when tendered voluntarily by the petitioner or in advance for 7 days or 30 days or 90 days use in Tamil Nadu, instead of collecting 7 days tax per entry into Tamil Nadu in respect of the Petitioner's Vehicles PY-02-J-1857, PY-02-K-4496.) 1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. Even though, the prayer in the writ petition pertains to two vehicles, the learned counsel for the petitioner had restricted the relief to one vehicle, bearing registration No.PY-02/J-1857. He has also made an endorsement to that effect. 3. At this stage of the hearing of the writ petition, the learned counsel appearing for the petition...
Dr. RA. Jeyabaul Vs. the Registrar, Central Administrative Tribunal, M ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent Tribunal relating to its order, dated 28.03.2012 passed in O.A.No.395 of 2011 and quash the same as illegal and without jurisdiction and consequently direct the respondents 2 to 8 to extend the petitioner's service as Assistant Professor in the 5th respondent Hospital up to 65 years of age by continuing the petitioner's service on and after 1st April 2011 in accordance with O.M.No.11016/1/2009-CS-V, dated 24.04.2009.) ORDER (Order of the Court was made by Justice Elipe Dharma Rao) 1. Challenging the order, dated 28.03.2012, passed by the Central Administrative Tribunal, in O.A.No.395 of 2011, thereby rejecting the claim made by the applicant/petitioner to extend his service as Assistant Professor after 62 years by counting his service on or after 01.04.2011 as per Office Memorandum No.11016/1/2009-CS-V, ...
S. Nellai Kannan Vs. the Commissioner, Hindu Religious and Charitable ...
Court: Chennai Madurai
Decided on: Aug-14-2012
(PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to consider the petitioner's petition dated 11.06.2012 to file a suit under Section 59 of the Hindu Religious and Charitable Endowment Act, 1959.) [Prayer amended as per the order of this Court dated 14.08.2012 made in M.P.(MD)No.3 of 2012] ORDER 1. The petitioner in this Writ Petition originally sought for a direction to give permission to him to file a suit uner Section 59 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [hereinafter referred to as the 'Act'], in terms of his petition dated 11.06.2012. 2. It is seen from the records that the petitioner along with one V.P.Ganeshan sent a representation dated 11.06.2012 to the first respondent, the Commissioner of Hindu Religious and Charitable Endowments seeking permission to sue for the removal of the Junior head of Madurai Aatheenam. Subsequently, the petition...
Texworth International Rep. by Its Proprietor Vikram JaIn Vs. the Assi ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ in the nature of mandamus, directing the respondent to assess Bill of Entry bearing Nos.7519908 and 7520604 both dated 28.07.2012, filed by the petitioner by assessing the Silk Yarn at declared value of USD 21.00/KG and allowing exemption from Additional Duty of Customs (CVD) under Notification No.30/2004-CE dated 09.07.2004 as per final order Nos.941, 942 and 1109 of 2008 dated August, 28, 2008 and September 29, 2008 and allow clearance of the subject goods in this writ petition as per the provisions of Customs Act, 1962.) 1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing for the respondent. 2. In view of the earlier order passed by this Court, in W.P.No.3249 of 2011, dated 18.02.2011 (N.C.Alexander vs. Chief Commissioner of Customs, Chennai-1), this writ petition is disposed of with direction to the respondent to release the goods in question, o...
T.M. Rengarajan Vs. the District Collector, Collectorate Trichy Distri ...
Court: Chennai Madurai
Decided on: Aug-14-2012
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of mandamus to direct the first respondent to recover the gratuity amount of Rs.95,146/- together with 10% interest as ordered by the second respondent in his order dated 11/6/2011 in P.G.No.17/2004 along with compound interest at the rate notified by the Central Government from the date of retirement viz., 31/10/2002 from the third respondent within time frame as fixed by this Court.) ORDER The petitioner prays for the issuance of a writ in the nature of mandamus, to direct the first respondent to perform the statutory function under the Land Revenue Act, for recovery of amount due from the third respondent under the certificate issued by the second respondent for effecting the recovery of gratuity amount. 2. The petitioner filed a petition under the Payment of Gratuity Act, 1972 which was allowed by the authority under the Payment of Wages Act on 11/6/2011 and an amount of Rs.95,14...
U. Subramanian(Died) and Others Vs. C. Francis and Others
Court: Chennai Madurai
Decided on: Aug-14-2012
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and decree made in A.S.No.128 of 2000 on the file of the Principal District Judge at Pudukkottai dated 25.02.2002 reversing the well considered judgment and decree made in O.S.No.14 of 1997, dated 31.03.2000 on the file of the Additional District Munsif, Pudukkottai.) JUDGMENT 1. This Second Appeal has been filed by the appellants against the Judgment and decree made in A.S.No.128 of 2000 on the file of the Principal District Judge at Pudukkottai dated 25.02.2002 reversing the well considered judgment and decree made in O.S.No.14 of 1997, dated 31.03.2000 on the file of the Additional District Munsif, Pudukkottai. 2. The learned Counsel for the respondents represented that already the learned Counsel appearing for the appellants made an endorsement as no instructions for the appellants. Therefore, this Court has directed the Registry to issue notice to the appellants for appearance and order...
Union of India by Its General Manager Southern Railway, Chennai Vs. Al ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: This Civil Miscellaneous Appeal is filed against the order dated 3.6.2009 made in OA.No.17/2008 by the Railway Claims Tribunal, Chennai Bench.) 1. This Civil Miscellaneous Appeal is filed against the order dated 3.6.2009 made in OA.No.17/2008 by the Railway Claims Tribunal, Chennai Bench, whereby the Tribunal awarded a sum of Rs.4,00,000/- as compensation to the claimants. 2. The claimants, who are the parents of the deceased Karuppusamy, filed the above said claim petition before the Tribunal claiming compensation for the death of their son. It was pleaded that on 10.5.2006 night while the deceased was returning to Chennai to carry out his business (sundal business) at Marina Beach, Chennai through the train which runs from Madurai to Chennai by availing II Class Passenger Ticket valid from Madurai to Chennai on 11.05.2006 fell down from the train due to jerk of the train at KM-125/200-300 near Dindivanam Railway Station and died on the spot. 3. The Appellant in the reply sta...
N. Poomalai and Another Vs. Secretary to Government of Tamilnadu, Muni ...
Court: Chennai
Decided on: Aug-14-2012
(Prayer: Writ petition under Article 226 of the Constitution of India praying this Honourable Court to issue a writ of mandamus directing the respondents to regularize the services of the petitioners by bringing them on time scale of pay with effect from November 2001 as provided under G.O.Ms.No.199 dated 12.8.1997 and in the light of the judgments passed by this Court in W.P.No.25620/2006 dated 17.9.2008 and W.A.No.47/2010 dated 23.6.2010 with all consequential and attendant benefits.) 1. The petitioners were employed as Sanitary workers on daily wages. They were employed on daily wages for a long time even prior to 31.12.1996. 2. The Government issued G.O.Ms.No.199, MAWS Dept., dated 12.8.1997 directing the Municipality to pay consolidated pay to the sanitary workers working on daily wages basis for three years and thereafter to regularise their services in the scale of pay. 3. The petitioners were granted consolidated pay on 27.11.1998 as per G.O. No.199, MAWS Dept. dated 12.8.1997....