Chennai Court September 2012 Judgments
D. John Paul Louis Vs. the State of Tamil Nadu, Rep. by Its Secretary, ...
Court: Chennai Madurai
Decided on: Sep-13-2012
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the 5th respondent Secretary St.Jude's College, Thoothoor to submit necessary proposals forthwith to the 3rd respondent Joint Director of Collegiate Education regarding the payment of earned leave benefits, leave on private affairs benefits, arrears of salary from 28.03.2007 to 30.06.2007 in the revised pay scale, arrears of revised pension and other benefits on the basis of the revised pay scale viz., change in gratuity and commutation etc., to the petitioner and consequently direct the 3rd respondent Joint Director to sanction the aforesaid benefits to the petitioner within a reasonable time.) 1. Notice of motion has been ordered as early as on 29.11.2011. Though the Secretary, St.Jude's College, Thoothoor, Kanyakumari District has received notice from this Court and entered appearance on 20.01.2012 and represented by Mr.S.Murugaiyan and Mr.Gopalakr...
Tag this Judgment!B. Panneer Selvam Vs. the State of Tamil Nadu, Rep. by Its Secretary, ...
Court: Chennai Madurai
Decided on: Sep-12-2012
(Prayer: Writ Petition is filed 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 impugned order passed by the second respondent in his proceedings in D.Dis.No.66673/NGB II(2) 2009, dated 14.05.2009 and quash the same as illegal and consequentially, to direct the second respondent to consider the petitioner for promotion to the post of Junior Assistant taking into account of petitioner qualification as well as the length of service rendered by the petitioner and in the light of the judgment in State of Tripura and others vs. K.K.Roy reported in 2004(9) SCC 65.) 1. Challenge in this Writ Petition is to an order dated 14.05.2009 passed by the Director General of Police, Chennai, rejecting the request of the petitioner to consider his case for promotion to the post of Junior Assistant, on the grounds that there are no rules or regulations or promotional avenues for the post of Painter. In the ...
Tag this Judgment!R. Shanmugachandran (Deceased) and Others Vs. the Chief Manager Indian ...
Court: Chennai
Decided on: Sep-12-2012
(Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent to refund the total Earnest Money Deposit to the tune of Rs.3,57,000/- paid by the petitioner on 02.8.2010 within time frame.) V.RAMASUBRAMANIAN,J. 1. A person, who participated in an auction conducted by the respondent-Bank under the SARFAESI Act, came up with the above writ petition seeking refund of the earnest money deposited by him. However, after the writ petition was filed, the writ petitioner died and his wife and children have been substituted in his place. 2. We have heard Mr.T.Arockiadas, learned counsel for the petitioners and Mr.Jayesh B.Dolia, learned counsel for the respondent-Bank. 3. In respect of credit facilities availed by one K.P.Nagarajan, Proprietor of M/s.L.G. Textiles, in the year 2001, the respondent-Bank initiated proceedings in O.A.No.360 of 2004 on the file of the Debt Recovery Tribunal, Madurai, for recovery of a sum of Rs.74,98,000/-. S...
Tag this Judgment!U. Kirubanandam Vs. State Bank of India, Stressed Assets Management Br ...
Court: Chennai
Decided on: Sep-12-2012
(Prayer: Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, calling for the records of the actions taken by the respondent under the provisions of the SARFAESI Act, culminating in the Demand Notice issued under Section 13(2) of the Act dated 22.10.2011 and quash the same and forbear the respondent from taking any action under the SARFAESI Act against the petitioner.) V.RAMASUBRAMANIAN,J. 1. The writ petitioner challenges the notice issued by the Bank under Section 13(2) of the SARFAESI Act, 2002, on the short ground that after having obtained a Certificate of Recovery, in terms of the 1993 Act, the Bank was not entitled to switch over to the SARFAESI mode. 2. We have heard Mr.R.Gowthama Narayanan, learned counsel for the petitioner and Mr.Om Prakash, learned counsel for the respondent-Bank. 3. The petitioner was sanctioned a term loan facility by the respondent-Bank to the tune of Rs.13 lakhs, in terms of a Letter of Arrangement dated...
Tag this Judgment!Vanitha Vs. the Director of Animal Husbandry and Veterinary Services D ...
Court: Chennai Madurai
Decided on: Sep-12-2012
(Prayer: W.P.(MD)NO.1666 of 2012:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 2nd respondent to sponsor the petitioner's name (Registration Number MDP 2006F00000105) to first respondent office to the post of Veterinary Assistant Surgeon within a stipulated period as may be fixed by this Hon ble Court.) Common Order 1. This common order shall dispose of W.P.(MD)Nos.1666, 2093, 1646, 374 and 375 of 2012, as common question of law and facts are involved. 2. For the sake of brevity, the facts are taken from W.P.(MD)No.1666 of 2012. 3. In all these writ petitions, the petitioners pray for issuance of Writ, in the nature of Mandamus, to direct the second respondent to sponsor the petitioners' name, to the first respondent, for being considered, for appointment to the post of Veterinary Assistant Surgeon, within stipulated period, as may be fixed by this Court. 4. But, keeping in view the fact, that during the p...
Tag this Judgment!The Divisional Manager, M/S. Royal Sundaram Alliance Ins. Co.Ltd. Vs. ...
Court: Chennai
Decided on: Sep-12-2012
(Prayer: Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988, against the award and decree dated 14.12.2010 made in MCOP.No.138 of 2009 on the file of Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Vellore.) R.SUBBIAH, J., 1. Challenging the correctness of the Award (14.12.2010) passed by the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Vellore, in M.C.O.P.No. 138 of 2009, Royal Sundaram Alliance Insurance company has preferred this appeal. Respondents 1 to 4 are claimants before the Tribunal and they are the legal heirs of deceased R.Vasanthan, who had died in a motor accident occurred on 28.01.2009. 2. Brief facts are as follows: On 28.01.2009 at about 5.00 PM while one R.Vasanthan was riding the motor cycle bearing registration No.TN-23-AS-2504 at Sipcot near Reliance Petrol Bunk, in the same direction, a car bearing registration No.TN-23-AF-0048 came in a rash and negligent manner with a hectic speed and hit the backside of t...
Tag this Judgment!Ponnusamy Vs. the District Collector, Erode District and Another
Court: Chennai
Decided on: Sep-12-2012
(Prayer: Second Appeal against the judgement and decree dated 29.7.2003 passed by the Additional District Court/Fast Track Court No.IV, Erode at Bhavani, allowing the judgement and decree dated 2.1.2002 passed by the Principal District Munsif, Bhavdani in O.S.No.555 of 1999.) 1. This second appeal is focussed by the plaintiff in the suit as against the judgement and decree dated 29.7.2003 passed by the Additional District Court/Fast Track Court No.IV, Erode at Bhavani, in A.S.No.58 of 2003 partly allowing the judgement and decree dated 2.1.2002 passed by the Principal District Munsif, Bhavdani in O.S.No.555 of 1999, which was one for permanent injunction. 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, which are absolutely necessary and germane for the disposal of these appeals, in a few broad strokes can be encapsulated thus: (i) The s...
Tag this Judgment!Joy Mon Vs. C. Sasit Lovely
Court: Chennai
Decided on: Sep-12-2012
(Prayer: Revision Petition filed under Section 397 read with Sec. 401 of Cr.P.C. against the order dated 25.11.2011 passed in Crl.M.P. No. 6647 of 2011 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai - 600 015.) 1. This Criminal Revision Petition is filed questioning the correctness of the order dated 25.11.2011 passed in Crl.M.P.No. 6647 of 2011 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai - 600 015. By the said order dated 25.11.2011, the Court below dismissed the application filed by the petitioner to condone the delay of 30 days in filing the Complaint under Section 138 of the Negotiable Instruments Act. 2. According to the petitioner, he had handed over the returned cheque, memo issued by the bank, copy of the statutory notice etc., to his counsel on record and requested her to file the complaint under Section 138 of the Negotiable Instruments Act, who in turn asked the petitioner to hand it over to one of her colleagues. ...
Tag this Judgment!C. Srithar Vs. the Director / Commissioner of Technical Education and ...
Court: Chennai
Decided on: Sep-12-2012
(Prayer: Writ petition is filed under Article 226 of Constitution of India, seeking a writ of mandamus to direct the respondents to allow the petitioner to continue and complete the MBA Degree Course 2011-13 pursuant to the provisional selection and allotment for the MBA course in the 2nd respondent Institute by permitting him to take part in the 1st and 2nd year MBA course examinations and to publish the results thereto along with others.) 1. The petitioner applied for MBA course through Tamil Nadu Common Entrance Test. He was successful in the test and he was allotted to the 2nd respondent College in the counselling. Later, the 1st respondent refused to approve the admission. Under such circumstances, the petitioner has filed this writ petition seeking for a direction to allow him to continue and complete the MBA Degree Course, pursuant to the provisional selection and allotment in the 2nd respondent College. 2. The 1st respondent filed a counter affidavit refuting the allegations. I...
Tag this Judgment!M/S. Ravi Enterprises, Rep. by Jayvadan Vrajalal Mistry, Surat Vs. the ...
Court: Chennai
Decided on: Sep-12-2012
(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 respondent to release the mulberry Silk Yarn totally weighing 24294.85 Kgs valued at Rs.4,16,19,269/- pertaining to Bills of Entry Nos.458720 dated 17.03.2010, 461152, dated 19.03.2010, 461149 dated 19.03.2010, 461151 dated 19.03.2010, 460125 dated 18.03.2010, 444865 dated 26.02.2010, 444860 dated 26.02.2010 and 444859 dated 26.02.2010 provisionally on execution of necessary bond or Bank Guarantee.) ORDER In view of the orders passed by this Court, on 12.9.2012, in W.P.No.29100 of 2011 and W.P.No.29101 of 2011, no further orders are necessary in the present writ petition. Hence, the writ petition stands closed. No costs. Connected M.P.No.3 of 2011 is closed....
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