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Chennai Court February 2013 Judgments

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Feb 07 2013

T.Balasubramanian Vs. M.Kanthasamy

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:07.02.2013 Coram: THE HONOURABLE MR.JUSTICE G.RAJASURIA S.A.No.53 of 2013 and M.P.No.2 of 2012 T.Balasubramanian ... Appellant vs. M.Kanthasamy ... Respondent This second appeal is filed against the judgement and decree dated 21.03.2011 passed by the learned Additional District Judge, Fast Track Court No.1, Poonamallee in A.S.No.33 of 2009 in partly modifying the judgment and decree dated 29.10.2008 passed by the learned Subordinate Judge, Poonamallee in O.S.No.62 of 2006. For Appellant : Mr.S.Chandrasekharan For Respondent : Mrs.M.K.Jamuna for M/s.Perumbulavil Radhakrishnan JUDGMENT This second appeal is focussed by the defendant, inveighing the judgement and decree dated 21.03.2011 passed by the learned Additional District Judge, Fast Track Court No.1, Poonamallee in A.S.No.33 of 2009 in partly modifying the judgment and decree dated 29.10.2008 passed by the learned Subordinate Judge, Poonamallee in O.S.No.62 of 2006.2. The parties, for...


Feb 07 2013

Nambi Alias Nambi Narayanan Vs. Tamil Nadu State Transport Corporation ...

Court: Chennai

Decided on: Feb-07-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07. 02/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.2557 of 2003 Nambi Alias Nambi Narayanan ... Appellant Vs. Tamil Nadu State Transport Corporation, (Madurai Division-II) Limited, through its Managing Director, Vannarapettai, Tirunelveli-3. ... Respondent PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and award dated 26.02.2002 passed in M.A.C.T.O.P.No.406 of 1998, on the file of Motor Accidents Claims Tribunal (II Additional Sub Court), Tirunelveli. !For Appellant ... Mr.J.Antony Jesus ^For Respondent ... Mr.N.Asai Thambi - - - :JUDGMENT The short facts of the case are as follows:- The appellant herein / claimant has stated that on 10.04.1998, at about 4 p.m., when he was proceeding on the TVS XL Motorcycle bearing Registration not TN-72-5740, along with his brother, on the Radhapuram Main Road, keeping to the left side of the road, respondent's bus beari...


Feb 07 2013

Usha Bharath Vs. Uco Bank

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:07. 02.2013 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR W.P.No.25066 of 2007 & M.P.No.2 of 2007 Usha Bharath .. Petitioner -Vs- 1.UCO Bank rep. by its Deputy General Manager Head Office 2 Personnel Adm & IRM Department 3-4, DD Block, Sector-I Salt Lake, Kolkat064. 2.Deputy General Manager UCO Bank Regional Office 169, Thambu Chetty Street Chenna001. 3.Sujatha K.Kalathi C/o.UCO Bank Regional Office Thiruvananthapuram, Kerala .. Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, after calling for the records from the 1st and 2nd respondents relating to the order issued by the 1st respondent bearing Ref.not PER/TPC/COM/2007-08/137 dated 11.07.2007 served by the 2nd respondent along with his letter dated 12.07.2007 bearing Ref.not Transfer Order not IZ/33/2007 transferring the writ petitioner from Chennai to Bangalore and quash the same. For Petitioner : Mr.N.G.R.Prasad fo...


Feb 07 2013

Southern Wood Industries Vs. Addl Principal Chief Conservator

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:7. 2.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.27463 of 2012 M/S.SOUTHERN WOOD INDUSTRIES [ PETITIONER ] REP. BY K.P.ZABAIR DEVARSHOLA ROAD, GUDALUR, NILGIRIS, TAMIL NADU-643 212. Vs 1 ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND CHAIRMAN STATE LEVEL COMMITTEE PANAGAL BUILDING, SAIDAPET CHENNAI-15. 2 THE DISTRICT FOREST OFFICER GUDALUR. [ RESPONDENTS ] This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the applications of the petitioner for licence in accordance to the representations dated 26.8.2011, 26.08.2011 in the light of the instructions of the Central Empowered Committee dated 11.12.2008 and notification of the first respondent dated 26.11.2010 as applied in the case of all similarly placed persons and consequently issue licence under Rule 4 of the Tamil Nadu Regulation of Wood Based Industri...


Feb 07 2013

Mrs.Visalam Vs. Corporation of Chennai

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:7. 2.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2707 of 2013 MRS.VISALAM @ VISALATCHI [ PETITIONER ] Vs 1 THE COMMISSIONER CORPORATION OF CHENNAI, RIPON BUILDINGS, PARK TOWN, CHENNAI 3 2 THE JUNIOR ENGINEER CORPORATION OF CHENNAI, OLD DIVISION NO.109, THOUSAND LIGHTS, CHENNAI 6 3 THE COMMISSIONER OF POLICE CHENNAI CITY, CITY POLICE OFFICE EGMORE, CHENNAI 8 4 THE DISTRICT DISABLED REHABILITATION OFFICER, GREAMS ROAD THOUSAND LIGHTS, CHENNAI 6 [ RESPONDENTS ] 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 herein their men, subordinates, agents, assigns and others from in any manner interfering with or forcibly evicting the petitioner from the Site No.159 on Greams Road, Thousand Lights, Chennai-6 where she is running her petty trade in the KIOSK Bunk located therein as the privileged class of person. For petitioner : M...


Feb 07 2013

Tmt.Sulochana Vs. Government of Tamilnadu

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:7. 2.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.31490 o1. TMT.SULOCHANA W/O.KANNAN (LATE) 2 TMT.LALITHA W/O.PRASAD 3 TMT.CHITRA W/O.RAVICHANDRAN 4 K.DEENADHAYALAN S/O.KANNAN (LATE) ALL ARE RESIDING AT NO.1-5 LINGANOOR ROAD VEERAKERALAM, COIMBATORE-7. [ PETITIONERS ] Vs 1 THE GOVERNMENT OF TAMILNADU REP. BY ITS SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT FORT ST. GEORGE CHENNAI-9. 2 THE TAMILNADU HOUSING BOARD REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR NANDANAM, ANNA SALAI, CHENNAI-35. 3 THE ADDITIONAL DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR COIMBATORE DISTRICT. (R3 IMPLEADED. AS PER ORDER DATED 03 12/2012 BY VDPJ IN MP.1/12 IN WP.31490/12) [ RESPONDENTS ] This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to exclude the lands in view of the decision of the first respondent to exclude ...


Feb 07 2013

G.Devaraji Vs. Selvarajan

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:07.02.2013 Coram: THE HONOURABLE MR.JUSTICE G.RAJASURIA S.A.No.23 of 2013 and M.P.No.1 of 2013 G.Devaraji ... Appellant vs.1. Selvarajan 2. K.G.Yuvaraji 3. Jayavel 4. Sundaravadivel ... Respondents This second appeal is filed against the judgement and decree dated 14.03.2012 passed by the learned Subordinate Judge, Tirupathur, Vellore District in A.S.No.25 of 2010 in reversing the judgment and decree dated 19.03.2010 passed by the learned District Munsif, Tirupattur in O.S.No.93 of 2004. For Appellant : Mr.G.Rajan JUDGMENT This second appeal is focussed by the plaintiff, inveighing the judgement and decree dated 14.03.2012 passed by the learned Subordinate Judge, Tirupathur, Vellore District in A.S.No.25 of 2010 in reversing the judgment and decree dated 19.03.2010 passed by the learned District Munsif, Tirupattur in O.S.No.93 of 2004.2. The parties, for the sake of convenience, are referred to here under according to their litigative sta...


Feb 07 2013

Kongu Arts and Science College Vs. Asst Commissioner of Labour

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:07. 02.2013 CORAM: THE HONBLE MR. JUSTICE K.CHANDRU W.P.Nos.3023 to 3029 of 2013 & M.P.Nos.1 of 2013 The Correspondent Kongu Arts & Science College Nanjanapuram Kathirampatti P.O Erode .. Petitioner in all Writ Petitions Vs. The Assistant Commissioner of Labour Controlling Authority under the Payment of Gratuity Act Office of the Deputy Commissioner of Labour Salem .. 1st respondent in all Writ Petitions R.Balasubramanian .. 2nd Respondent in W.P.3023/2013 K.Ramachandran .. 2nd Respondent in W.P.3024/2013 S.Kalyani .. 2nd Respondent in W.P.3025/2013 O.T.Poongodi .. 2nd Respondent in W.P.3026/2013 S.Karpagam Chinnammal .. 2nd Respondent in W.P.3027/2013 S.Sivamani .. 2nd Respondent in W.P.3028/2013 M.Bhuvaneswari .. 2nd Respondent in W.P.3029/2013 Prayer in all Writ Petitions : Petitions under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records relating to the impugned order dated 3.12....


Feb 07 2013

M.Vijayakumar Vs. A.Leo Charles

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:7. 02.2013 CORAM THE HON'BLE MR.JUSTICE A.ARUMUGHASWAMY CRL.O.P.No.13267 of 2012 and M.P.No.1 of 2012 M.Vijayakumar ... Petitioner/Accused .. Vs .. A.Leo Charles ... Respondent/complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the C.C.No.384 of 2011 on the file of the Judicial Magistrate not II, Salem. For Petitioner : Mr.R.Mubarak Basha. For Respondent : Mr.K.V.Sathyamurthy and Mr.K.Bijai Sundar ORDER This petitioner is the Accused in C.C.No.384 of 2011 on the file of the Judicial Magistrate not II, Salem and he has come forward with the present petition to quash the proceedings.2. The respondent filed a private complaint under Section 200 Cr.P.C. against the petitioner for the offence under Section 211 of IPC. The averments in the complaint are as follows:-The complainant is the Managing Partner of a company which is engaged in the activity of con...


Feb 07 2013

R.Santhakumari Vs. Joint Director Hs

Court: Chennai

Decided on: Feb-07-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :07. 02.2013 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.Nos.19869 and 23932 of 2012 and M.P.Nos.1 and 1 of 2012 R.Santhakumari .. Petitioner in W.P.No.19869 of 2012 Moongibai Goenka Girls' Higher Secondary School, (Managed by Bhagwandas Goenka Educational Institution), rep by its Secretary Mr.Ravi Krishna, New No.1 & 3 (Old No.11 and 12), Ramanujar Street, Sowcarpet, Chennai-600 079. .. Petitioner in W.P.No.23932 of 2012 Vs. 1.The Joint Director (Higher Secondary), College Road, Chennai-600 006. 2.The Chief Educational Officer, Panagal Buildings, Saidapet, Chennai-600 015. 3.The District Educational Officer, Chennai North, Egmore, Chennai-600 008. .. Respondents 1 to 3 in both writ petitions 4.Secretary, Moongibai Goenka Girls Higher Secondary School, Sowcarpet, Chennai-600 079. .. 4th Respondent in W.P.No.19869 of 2012 R.Santhakumari .. 4th respondent in W.P.No.23932 of 2012 W.P.No.19869 of 2012 is preferred under Article 226 of t...


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