Chennai Court August 2012 Judgments
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Punganoor Eri Pasana Vivasayigal Membattu Nala Sangam, Rep. by Its Sec ...
Court: Chennai Madurai
Decided on: Aug-02-2012
(Prayer: W.P.(MD)No.7924/2012: Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the Respondents to remove the encroachments, strengthen the bunds and erect boundary stones on all sides of the Punganoor and Kothamangalam Lakes situated at Manikandam Panchayat Union, Thiruvarangam, Tiruchirapalli District, within a time frame. W.P.(MD)No.8106 of 2012: Writ petition under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd and the 4th Respondents to remove the debris and rubbish, which have been filled-up unlawfully in the middle of Kothamangalam Aerie, Punganoor Aerie and Kallikudi Aerie to accumulate and to store-up irrigation water through the reservoir from Kattalai Canal for agricultural operation of the ayacutdars.) ORDER (Order of the Court was made by R.BANUMATHI,J) The common prayer in these two Public Interest Litigations is for issuance of a Writ of Mandamus, dir...
Ganesan @ Selvam Vs. State Rep. by the Inspector of Police
Court: Chennai
Decided on: Aug-02-2012
(Criminal Appeal filed under Section 374(2) of Cr.P.C., to call for the records and set aside the judgment and sentence dated 29.11.2002 by the learned Additional District and Sessions Judge/Chief Judicial Magistrate, Namakkal in S.C.No.128 of 2002 by allowing this Criminal Appeal.) P. Devadass, J., A2, in the Sessions Case, in S.C.No.128 of 2002, in the Court of Additional Sessions Judge, Namakkal, is the appellant. 2. A1 to A5 were prosecuted in the said Court on the allegation that on 28.11.2000, at about 7 p.m., wielding knives they have barged into a petrol bunk in Keerampur Village in Namakkal District, robbed Rs.1,21,352/- from the cashier Kuruvan(P.W.1) and while tooking to their heels with the booty, A1 had cut P.W.1, who sustained injuries. 3. On the above allegations, they were tried together for charges under Section 394, 395 and 395 r/w 397 I.P.C. 4. To substantiate the charges, prosecution examined P.Ws.1 to 11, marked Exs.1 to 7and exhibited M.O.1. 5. When they were exam...
J. Revathi and Another Vs. S. Murugesan
Court: Chennai
Decided on: Aug-02-2012
(Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure as against the judgment and decree dated 01.02.2007 passed by the learned Subordinate Judge, Dharapuram in A.S.No.42 of 2005 confirming the judgment and decree dated 28.03.2003 passed by the learned District Munsif, Dharapuram in O.S.No.84 of 2000.) ORDER 1. Animadverting upon the judgment and decree dated 01.02.2007 passed by the learned Subordinate Judge, Dharapuram in A.S.No.42 of 2005 confirming the judgment and decree dated 28.03.2003 passed by the learned District Munsif, Dharapuram in O.S.No.84 of 2000, this civil revision petition is focussed. 2. Heard both sides. 3. A summation and summarisation of the relevant facts, germane for the disposal of this civil revision petition would run thus: a) The respondent herein filed the suit seeking recovery of a sum of Rs.13,594/-. b) Written statement was filed. c) Whereupon trial was conducted. Ultimately the suit was decreed. As against which, appea...
Dr. K. Bagath Singh Vs. the Selection Committee Directorate of Medical ...
Court: Chennai
Decided on: Aug-02-2012
(Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a Writ in the nature of Declaration, declaring Clause 7b of the Post Graduate Degree / Diploma MDS / 6 year M.Ch. (Neuro-Surgery) Courses prospectus issued by the 1st respondent for the year 2012-2013 as arbitration and violative of Article 14 of the Constitution of India and consequently direct the 1st respondent to receive the application of the petitioner, who is undergoing the PG diploma course during the year 2010-2012, for the Post Graduate Degree / Diploma MDS / 6 year M.Ch. (Neuro-Surgery) Courses for the academic year 2012-2013 and process the petitioner's application and permit the petitioner to write the Post Graduate Degree / Diploma MDS / 6 year M.Ch. (Neuro-Surgery) Courses entrance examination that is scheduled to be conducted on 04.03.2012 or any other date and publish the result of the petitioner.) 1. The petitioner prays for issuance of a writ in the nature of Certiorari, declar...
Lilly Santha(Died) and Others Vs. R. Rukku and Others
Court: Chennai
Decided on: Aug-02-2012
(Prayer: Civil revision petitions preferred against the order dated 15.7.2011 passed by the District Munsif, Katpadi, in I.A.No.908 of 2010 in O.S.No.445 of 2009 and in O.S.No.445 of 2009, respectively.) Common Order: 1. Animadverting upon the order dated 15.7.2011 passed by the District Munsif, Katpadi, in I.A.No.908 of 2010 in O.S.No.445 of 2009 and in O.S.No.445 of 2009, respectively, these civil revision petitions are filed. 2. Broadly but briefly, narratively but precisely the germane facts absolutely necessary for the disposal of these revision petitions would run thus: The suit O.S.No.445 of 2009 was filed by the revision petitioners herein along with the deceased Lilly Santha against the original defendant-Ramanujam, seeking the following reliefs: "to pass a decree and judgement a) declaring the absolute title of the plaintiff over the property described in the schedule below. b) granting an order of permanent injunction restraining the defendant and his men from not interferin...
Thangavel Vs. Kanagaraj and Others
Court: Chennai Madurai
Decided on: Aug-02-2012
(Prayer: These Civil Revision Petitions are filed against the order dated 14.3.2012 made in IA.Nos.94 and 95/2012 in OS.No.521/2010 by the learned Principal Subordinate Judge, Karur.) ORDER 1. These Civil Revision Petitions are filed against the order dated 14.3.2012 made in IA.Nos.94 and 95/2012 in OS.No.521/2010 by the learned Principal Subordinate Judge, Karur, dismissing those applications. 2. In brief the facts are that the Revision Petitioner as Plaintiff instituted a suit in OS.No.521/2010 against the Respondents/Defendants and others for partition and for permanent injunction restraining the Defendant from creating any kind of encumbrance over the suit properties and further restraining the Defendants 9 to 25 from making any drenches and from raising any construction including basement etc. in the suit B-Schedule Property and also restraining them from ploughing the soil by using JCB Vehicles and dry the soil through heavy vehicles. An application for temporary injunction was a...
National Insurance Co.Ltd., Rep. by Its Branch Manager, Trichy Vs. Nel ...
Court: Chennai Madurai
Decided on: Aug-02-2012
(PRAYER : Civil Miscellaneous Appeal is filed against the judgment and decree dated 12.12.2000 made in MACT OP No.192 of 1998, on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Nagercoil.) Is the widow who is expected by the society to live a life of austerity and abnegation, on remarriage is entitled to compensation in respect of death of her deceased husband is the issue to be decided. 2. The first respondent is the claimant who filed the petition for compensation claiming a sum of Rs.7,00,000/- in respect of death of her husband, impleading her father-in-law as the respondent, who is the sixth respondent herein. The claims Tribunal gave a finding that the accident took place due to the negligent driving of TATA Sumo Car and awarded a sum of Rs.5,28,000/- as compensation. 3. Challenging the finding on negligence, the quantum of compensation and the rate of interest, the insurance company has filed this appeal. 4. The appellant is the insurer of the TATA S...
Federation of Associations of Small Industries of India (Fasii) Southe ...
Court: Chennai
Decided on: Aug-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 forbearing the Respondents, their men, agents and subordinates from in any manner interfering with the peaceful possession and enjoyment of the petitioner of Door No.10, G.S.T. Road, Guindy, Chennai-32 without following due process of law without providing premises in the proposed construction of Commercial Complex.) ORDER 1. Heard the learned counsels appearing for the parties concerned. 2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner federation had submitted that the statements made, in paragraphs 3 and 7 of the counter affidavit filed on behalf of the first respondent, relating to the grant of alternate allotment of space, after the construction of a new building at No.10, G.S.T. Road, Guindy, Chennai, to the members of the petitioner federation, may be recorded, while disposing of the writ petition....
G. Mohanvelu Vs. G. Kokila and Others
Court: Chennai
Decided on: Aug-02-2012
(Prayer: Appeal suit filed under Order 41 Rule 1 read with Section 96 of Code of Civil Procedure against the judgment and decree dated 29.4.2010, made in O.S.No.25/2007 on the file of the District Judge, Tiruvannamalai, in respect of item 1-C of the Schedule mentioned properties.) C. Nagappan, J. 1. This appeal is preferred against the judgment and decree dated 29.4.2010, passed in O.S.No.25 of 2007 by the learned District Judge, Tiruvannamalai. The second defendant is the appellant. 2. The first respondent herein/plaintiff filed the suit seeking for a judgment and decree for division of the suit properties into six equal shares and allot one such share to the plaintiff and put her in separate possession of the same and for a permanent injunction restraining the defendants from alienating the suit properties to third parties before the partition and allotment of share to the plaintiff, and for costs also. 3. The case of the plaintiff is that her father A.Govindasamy was doing real esta...
Maharaja Engineering College for Women, (Run by Paramasivam Palanisamy ...
Court: Chennai
Decided on: Aug-02-2012
(Prayer: 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 of the respondents relating to the order of the first respondent in F.No.Southern/2012/1-727591383_LOR dated 12.04.2012 and quash the same and to direct the respondents to process the application of the petitioner for conversion of 'Maharaja Engineering College for Women" into "Maharaja College of Engineering and Technology" at Perundurai-638 052 for the academic year 2012-13 without insisting upon production of Director of Town and Country Planning approval as a condition precedent.) ORDER 1. This writ petition is filed by the petitioner college run by Paramasivam Palanisamy Charitable Trust. In this writ petition, they have sought to challenge an order passed by the first respondent All India Council for Technical Education (for short AICTE), dated 12.04.2012 and after setting aside the same, seeks for a direction t...