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Chennai Court August 2012 Judgments

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Aug 28 2012

Dalit Christians Educational and Development Trust Vs. the Vice Chance ...

Court: Chennai

Decided on: Aug-28-2012

(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 issued by the third respondent in his letter No.PU/AS-1/Aca-2/M1/Noble/2005-06/12, dated 18.02.2008, to quash the same and to further direct the respondents to continue the affiliation and permit to admit the students and appoint the staff of the petitioners educational and development trust.) 1. This writ petition is filed by the petitioner Trust seeking to challenge an order of the third respondent Assistant Registrar (Acadeic), Pondicherry University, dated 18.2.2008 and after setting aside the same, seeks for a direction to continue the affiliation granted to the petitioner college and permit to admit students and appoint staff of the petitioner's educational and development trust. 2. This writ petition when it came up for admission on 22.08.2008, it was admitted and notice was ordered. Pending the writ petition, ...


Aug 28 2012

Abhilesh Babu, Minor Rep by His Mother Saraswathy Babu Vs. State of Ta ...

Court: Chennai

Decided on: Aug-28-2012

(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 third respondent pertaining to the selection list for admission through counseling to I year MBBS / BDS course 2012-13 session in Government / Self Financing Colleges and quash the same as illegal and arbitrary and consequently to direct the respondents to conduct re-counseling for admission in I year MBBS / BDS course 2012-13 session in Government / Self Financing Colleges strictly in accordance with law and without in any manner reducing the number of seats for open competition below 31% of the total number of seats.) 1. This writ petition is filed by the petitioner seeking to challenge the selection list for the admission conducted for the First year MBBS / BDS courses for 2012-2013 session in Government / self financing colleges and seeks to aside the same as illegal and arbitrary and for a consequential di...


Aug 28 2012

Varadharajan Vs. the Competent Authority and Special District Revenue ...

Court: Chennai

Decided on: Aug-28-2012

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus, calling for the records of the first respondent and quash the impugned order in Na.Ka.152/2006/A/Th.Ne. Dated 22.04.2008 and further direct the first respondent to refer the matter to the civil forum to resolve the issue of compensation payable in respect of 0.20 acres in S.No.193/6B3A of Surrapet Village, Ambattur Taluk, Thiruvallur District as required under 3-H(3) and (4) of National Highways Act, 1956.) 1. The petitioner has filed the present writ petition seeking to challenge an order dated 22.04.2008 passed by the first respondent viz., Competent Authority and the Special District Revenue Officer (LA), Kancheepuram and Thiruvallur Districts and after setting aside the same seeks for a direction to the first respondent to refer the matter to the civil forum for resolving the issue of compensation payable in respect of 0.20 acres in S.No.193/6B3A of Surrapet Vi...


Aug 28 2012

K. Ramanathan and Others Vs. the Secretary to Government, School Educa ...

Court: Chennai

Decided on: Aug-28-2012

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the respondents to regularize the services of the petitioners who were employed as a Junior Engineer (Civil) into the time scale of pay.) 1. The writ petition was filed by 10 petitioners, seeking for a direction to regularize their services in the post of Junior Engineer (Civil) with the time scale of pay. 2. The writ petition was admitted on 23.04.2008. Pending the writ petition, this Court granted an interim injunction restraining the respondents from discontinuing the service of the petitioners who were working as Junior Engineer (Civil) on the ground that they were in continuous service from 1997. Though vacate stay application was filed by the respondent State in M.P.No.1 of 2009 together with supporting counter affidavit sworn to by the second respondent dated 23.03.2009, the same was not listed. 3. It is seen from the records that the petitioners were engaged und...


Aug 28 2012

R. Manoharan and Others Vs. the Government of Tamilnadu Rep. by Its Se ...

Court: Chennai

Decided on: Aug-28-2012

(Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Ceritiorarified Mandamus calling for the records relating to the order in (1) G.O.Ms.No.91, Public Work (A1) Department, dated 2.6.2009, passed by the first respondent and (2) Memo No.C1(3)/6581//2001-31, dated 3.8.2009, passed by the second respondent, quash the order dated 2.6.2009, to the limited extent of non-inclusion of names of the petitioners in the panel for 2006-2007 for promotion as Assistant Executive Engineer and to quash the order, dated 3.8.2009 of the second respondent in its entirety and issue consequential directions to the respondents to include the names of the petitioners in the appropriate places in the said panel and promote them as Assistant Executive Engineers with retrospective effect from the date of promotion of their immediate juniors with consequential benefits. (Prayer amended order dated 16.8.2010, by KPKVJ in M.P.No.1 of 2010 in W.P.No.11898 of 2009.) 1. Heard ...


Aug 27 2012

M/S. Royal Sundaram Alliance Insurance Co. Ltd., Sundaram Tower, Chenn ...

Court: Chennai

Decided on: Aug-27-2012

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree passed by the learned Principal Additional District Judge, (MACT), Salem in M.C.O.P.No.1194 of 2006 dated 10.11.2008.) JUDGMENT 1. The present appeal arises out of the award passed by the learned Principal Additional District Judge, MACT, Salem in MCOP.No.1194 of 2006 dated 10.11.2008, whereby the Tribunal awarded a sum of Rs.4,94,500/- to the claimants who are the legal representatives of the deceased Kasinathan who was 39 years old at the time of accident and was working as lorry driver cum agriculturist. 2. The Tribunal held that the owner and the Insurance Company/ appellant herein are jointly and severally liable to pay the above said compensation. 3. The appellant/Insurance Company has not seriously challenged the findings of the Tribunal on the point of negligence fastened on the part of the driver and quantum of compensation awarded. The challenge is ...


Aug 27 2012

The Executive Officer, Arulmigu Yoganarasimmar Devasthanam, Chennai Vs ...

Court: Chennai

Decided on: Aug-27-2012

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the judgment and decree made in A.S.No.30 of 1998, dated 04.04.2001 on the file of the Subordinate Judge, Poonamallee, confirming the judgment and decree in O.S.No.1235 of 1986, dated 20.09.1996 on the file of the District Munsif, Poonamallee.) 1. The plaintiff, claiming to be the tenant of the property measuring 57 feet east to west and 35 feet north to south, opted to purchase the property in accordance with the offer given by The Commissioner of HR and CE Department, the second defendant, and having failed in his attempt, approached the Court by filing pauper O.P. in O.P. No.29 of 1985 seeking direction to the defendants to execute and register the sale deed. 2. The suit was decreed, as against which the first defendant filed the first appeal in A.S.No.30 of 1998. The appeal was dismissed, thereby the trial court's judgment was confirmed. As against the dismissal, second appeal has been filed....


Aug 27 2012

Tiruvarur Municipality Represented by Its Commissioner Vs. A.K.M. Towe ...

Court: Chennai

Decided on: Aug-27-2012

(Prayer: Second Appeals filed under Section 100 of the Civil Procedure Code as against the judgments and decrees, dated 21.11.2003 of the learned Subordinate Judge, Thiruvarur, allowing the first appeal Nos.18 and 17 of 2002 and reversing the decrees and judgments dated 26.11.2001 of the learned District Munsif, Thiruvarur, in O.S.Nos.119 and 120 of 2000.) 1. Whether the plaintiffs as owners of property abutting the public highway have the right of ingress and egress to and from the public street and if so whether they can maintain an actionable claim,against the municipality, if their right is obstructed by the appellant/Municipality, is the issue arising in the second appeals. 2. These appeals / S.A.Nos.678 and 703of 2004 have been filed by Tiruvarur Municipality / appellant / respondent / defendant, challenging the judgments and decrees, dated 21.11.2003 of the learned Subordinate Judge, Tiruvarur, in allowing A.S.No.18 of 2002 and A.S.No.17 of 2002, respectively, thereby reversing ...


Aug 27 2012

M/S. Gulf Oil India and Another Vs. Union Motors Services Ltd. and Ano ...

Court: Chennai

Decided on: Aug-27-2012

(Prayer: This Company Application praying this Court to grant leave to the applicant to sell the property, mentioned in the schedule hereunder under SARFAESI Act or through Debt Recovery Tribunal by virtue of the Recovery Certificate.) 1. This application is filed by the Bank seeking permission to sell the property under the SARFAESI Act or through Debt Recovery Tribunal by virtue of the recovery certificate. 2. The perusal of the records would reveal that the applicant is one of the secured creditors, having obtained equitable mortgage by depositing title deeds in favour of the applicant bank in respect of a property at Pondicherry, owned by the respondent company under liquidation, in addition to hypothecation of its machinery as security for the amount advanced by the applicant along with other creditors. As the respondent co. failed and neglected to pay the amount, the applicant filed O.A.168 of 2003 before the Debts Recovery Tribunal for recovery of the amount and on the failure o...


Aug 27 2012

State of Tamil Nadu, Represented by the Chief Secretary to Government, ...

Court: Chennai

Decided on: Aug-27-2012

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the relevant records relating to the order passed by the Central Administrative Tribunal, Madras Bench, Chennai in O.A.No.1567 of 2011, dated 27.2.2012, set aside the order of the Tribunal.) ELIPE DHARMA RAO, J. 1. The interpretation of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 (hereinafter referred to as the Rules), insofar as they deal with Voluntary Retirement of a Member of the All India Services, is the subject matter in this writ petition. 2. The first respondent belongs to the 1983 batch of I.A.S. Officers (Regular Recruit) - Tamil Nadu cadre and joined in the service on 3.9.1983. On 8.9.2011, he has submitted a three months previous notice of Voluntary Retirement to the Chief Secretary of the State Government, invoking Rule 16(2) of the Rules. In the said letter he has submitted that he wish to proceed on Voluntary Retirement fo...


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