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Chennai Court March 2013 Judgments

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Mar 01 2013

V.Ponnambalam Vs. Prl Secy to Government

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :1. 3.2013 CORAM: The Honourable Mr.R.K.AGRAWAL, Acting Chief Justice and The Honourable Mr.Justice N. PAUL VASANTHAKUMAR Writ Petition No.5022 of 2013 and M.P.Nos.1 and 2 of 2013 V.PONNAMBALAM ... Petitioner Vs 1 THE PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT FORT ST. GEORGE CHENNAI-600 009. 2 THE REGISTRAR THE STATE HUMAN RIGHT COMMISSION GREENWAYS ROAD CHENNAI-600 028. 3 A.PERIYASAMY ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the recommendation made in SHRC Case No.1460 of 2004/C2, dated 18.01.2013 on the file of the second Respondent and quash the same. For Petitioner : Mr.P.G.Santhoshkumar For Respondents 1 & 2 : Ms.A.Sri Jayanthi, Spl.G.P. ****** O R D E R [Order of the Court was made by N. Paul Vasanthakumar, J.] This writ petition is filed challenging the order dated 18.01.2013 passed by t...


Mar 01 2013

S.Manoharan Vs. Tamil Nadu Electricity Board Engineers Sangam

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:1. 3.2013 Coram: THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE M.M.SUNDRESH O.S.A. No.81 of 2013 Mr.S.Manoharan Mr.K.Kalyanasundaram Mr.R.Govindarajan Mr.M.Subramanian .. Appellants Vs.1. Tamil Nadu Electricity Board Engineers Sangam Reg.No.124/MDS (Recognised) Rep. by its General Secretary Mr.V.Ashok Kumar 793, Anna Salai, Chenna002. 2. Mr.V.Ashok Kumar S/o.Mr.J.Vilvanathan General Secretary Tamil Nadu Electricity Board Engineers Sangam 793, Anna Salai, Chenna002. .. Respondents This Original Side Appeal under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the judgment and decree dated 8.1.2013 made in O.A.Nos.869 of 2012 in C.S.No.689 of 2012 passed by Honble Mr.Justice Vinod K.Sharma. For appellants : Mr.R.Thiagarajan Senior Advocate For respondents : Mr.V.Prakash Senior Advocate (The Judgment of the Court was made by M.JAICHANDREN J.,) This Original Side Appeal is direc...


Mar 01 2013

P.T.Easwaran Vs. General Manager of the Food Corporation of India

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01. 03.2013 CORAM THE HONOURABLE MR. JUSTICE VINOD K.SHARMA W.P.No.14612 & 14613 of 2009 and M.P.No.1 of 2009 P.T.EASWARAN S/O.P.THIRVANGADAM, NO.16/119 SHREE SHANMUGHA APARTMENTS, FLAT NO.4 SRI SAYEE NIVAS, PATEL ROAD PERAMBUR CHENNAI-11. .. PETITIONER IN W.P.No.14612/2009 P.T.EASWARAN S/O.P.THIRVANGADAM, NO.16/119 SHREE SHANMUGHA APARTMENTS, FLAT NO.4 SRI SAYEE NIVAS, PATEL ROAD PERAMBUR CHENNAI-11. .. PETITIONER IN W.P.No.14613/2009 Vs THE GENERAL MANAGER FOOD CORPORATION OF INDIA, 124 GREAMS ROAD, CHENNAI-6. .. RESPONDENT IN BOTH W.Ps. PRAYER IN W.P.No.14612 of 2009: Writ petitions have been filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to quash the impugned order of the respondent dt.4.4.2009 in not Vig.37(1)/2006 and quash the same and consequently direct the respondent to reinstate the petitioner with all attendant service benefits. PRAYER IN W.P.No.14613 of 2009: Writ petitions have been f...


Mar 01 2013

S.Vijayalakshmi Vs. Commissioner Hindu Religious and Charitable Endowm ...

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :01. 03.2013 Coram THE HONBLE MR. JUSTICE VINOD K.SHARMA W.P.No.5831 of 2009 and M.P.No.1 of 2009 S.Vijayalakshmi .. Petitioner .. Vs ..1. The Commissioner of Hindu Religious & Charitable Endowment Department, Nungambakkam, Chennai.2. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Salem.3. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Dharmapuri.4. The Executive Officer, Arulmigu Sivasubramaniaswamy Thirukoil, Kumaraswamy Pettai, Dharmapuri. .. Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to pay the arrears of salary, general provident fund, gratuity and other pensionary benefits including family pension and provide compassionate appointment to the son of the petitioner within a stipulated period. For Petitioner : Mr.S.M.Subramaniam For Respondents : M...


Mar 01 2013

Sri Velayuthaswamy Spinning Mills Pvt. Ltd. Vs. Inspector General of R ...

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01. 03.2013 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.Nos.4434, 4435, 13652 & 13653 o1. SRI VELAYUTHASWAMY SPINNING MILLS (P) LTD., NO.207, MANGALAM ROAD, KARUVAMPALAYAM, TIRUPUR-641 604 REP. BY ITS DIRECTOR MR.P.S.VELUSWAMY. .. Petitioner in W.P.No.4434/2009 2. SIVARAJ SPINNING MILLS (P) LTD., NO.207, MANGALAM ROAD, KARUVAMPALAYAM, TIRUPUR-641 604 REP. BY ITS DIRECTOR MR.P.S.VELUSWAMY. .. Petitioner in W.P.No.4435/2009 3. SRI SHANMUGAVEL MILLS (P) LTD., NO.207, MANGALAM ROAD, KARUVAMPALAYAM, TIRUPUR-641 604 REP. BY ITS MANAGING DIRECTOR MR.P.S.VELUSAMY. .. Petitioner in W.P.No.13652/2009 4. SRI SHANMUGAVEL MILLS (P) LTD., NO.207, MANGALAM ROAD, KARUVAMPALAYAM, TIRUPUR-641 604 REP. BY MANAGING DIRECTOR MR.P.S.VELUSAMY. .. Petitioner in W.P.No.13653/2009 -Vs- 1. THE INSPECTOR GENERAL OF REGISTRATION, SANTHOME HIGH ROAD, CHENNAI-28.2. THE SUB REGISTRAR SUB REGISTRAR'S OFFICE GOMANGALAM, TIRUPUR DISTRICT .. Respondents Prayer i...


Mar 01 2013

Triveni Alloys Ltd. Vs. Chairman of Tamil Nadu Electricity Board

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01. 03.2013 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.No.5656 of 2008 and M.P.No.1 of 2008 TRIVENI ALLOYS LTD DOOR NO.10/41, FLAT NO.3, KRIPA SANKARI STREET, WEST MAMBALAM, CHENNAI-33. REP. BY ITS MANAGER ROHIT RAWAL .. Petitioner -vs- 1. THE CHAIRMAN TAMIL NADU ELECTRICITY BOARD, 800, ANNA SALAI, CHENNAI 2 2. THE SUPERINTENDING ENGINEER CHENNAI ELECTRICITY DISTRIBUTION CIRLCE / NORTH 791 ANNA SALAI, CHENNAI 2 3. THE EXECUTIVE ENGINEER METER RELAY TEST, CHENNAI ELECTRICITY DISTRIBUTION CIRCLE/NORTH, 791, ANNA SALAI, CHENNAI 2 .. Respondents Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a writ in the nature of Certiorari, to call for the records of the second respondent in Bill No.1737 dated 27.02.2008 and quash that portion of the amount shown in Item No.19 namely other adjustment as illegal arbitrary and against the report of the Meter Relay Test Laboratory Authority and the provision...


Mar 01 2013

Nagarajan Vs. Vijaya

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01.03.2013 Coram: THE HONOURABLE MR.JUSTICE G.RAJASURIA S.A.No.101 of 2009 Nagarajan ... Appellant vs. Vijaya ... Respondent This second appeal is filed against the judgment and decree dated 14.02.2006 passed by the learned District Judge, Nagapattinam in A.S.No.39 of 2005 in confirming the judgment and decree dated 28.07.2004 passed by the learned Subordinate Judge, Thiruvarur in O.S.No.143 of 2002. For Appellant : Mr.V.Bharathidasan For Respondent : Mr.S.Sathiamurthi JUDGMENT This second appeal is focussed by the defendant inveighing the judgement and decree dated 14.02.2006 passed by the learned District Judge, Nagapattinam in A.S.No.39 of 2005 in confirming the judgment and decree dated 28.07.2004 passed by the learned Subordinate Judge, Thiruvarur in O.S.No.143 of 2002.3. The parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.4. Heard both sides.5. ...


Mar 01 2013

P.Chandrasekaran Vs. Management of Palavan Transport Corporation

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :01. 03.2013 CORAM: THE HONOURABLE MR. JUSTICE VINOD K.SHARMA W.P.No.15020 of 2009 P. CHANDRASEKARAN CHANNANGKUPAM (POST) GUDIYATHAM POST, VELLORE DISTRICT .. PETITIONER Vs. 1 THE MANAGEMENT OF PALAVAN TRANSPORT CORPORATION (METROPOLITAN TRANSPORT CORPORATION DIVISION I LTD.) PALAVAN SALAI CHENNAI -2 2 THE PRESIDING OFFIER I ADDITIONAL LABOUR COURT, CHENNAI .. RESPONDENTS Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ in the nature of Certiorari, to quash the pertaining to the award dated 18.11.2007 in I.D.No 40/2001 passed by the second respondent quash the same in so far as depriving the petitioner wages and other attendant benefits from the date of dismissal to the date of superannuation and the terminal benefits and consequently direct the first respondent to pay the petitioner wages and other attendant benefits for the period of non-employment that is from the date of dismissal ...


Mar 01 2013

Dr.S.Narayanaswamy Vs. Dr.Radhakrishnan

Court: Chennai

Decided on: Mar-01-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:1. 3-2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Contempt Petition No.1792 of 2012 Dr.S.Narayanaswamy .. Petitioner. Versus 1. Dr.Radhakrishnan The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai-600 009.2. Dr.S.Paranjothi, The Director of Medical and Rural Health Services, Chennai-600 006. .. Respondents. Prayer: Petition under Section 11 of the Contempt of Courts Act, 70/71 to punish the respondents for having committed contempt of Court for disobeying the order, dated 5.7.2012, made in W.P.No.26133 of 2011. For Petitioner : Mr.G.Sridevi For Respondents : Mr.S.Gunasekaran O R D E R At this stage of the hearing of the contempt petition the learned counsel appearing on behalf of the respondents had placed before this court a government order, in G.O.(D) No.111, Health and Family Welfare (Z2) Department, dated 5.2.2013. From the said government order, it is noted that the State government had sanc...


Mar 01 2013

Dr.issac Isaac Mathai Vs. Sowkhya Way2health Pltd

Court: Chennai

Decided on: Mar-01-2013

O.A.No.835 to 837 of 2012 in C.S.No.649of 2012 VINOD K.SHARMA, J.The prayer made in each of the applications reads as under: O.A.No.835 of 2012: This application has been filed for interim injunction restraining the defendant, its men, agents, partner, associate, officer, representative, servant from passing of their services as that of the applicants/plaintiffs' by using the mark "SOWKHYA" or the applicants/ plaintiffs' trade mark "SOUKYA" or any other similar trade mark pending disposal of the suit. O.A.No.836 of 2012: This application has been filed for interim injunction restraining the defendant, its men, agents, partner, associate, officer, representative, servant from infringing the applicants/plaintiffs registered Trade Mark "SOUKYA under registration Nos.904710 and 1419160 in class 5 & 42 respectively of the applicants/plaintiff by manufacturing, use, advertisement, sale, offering for sale, exposing for sale of the trademark SOWKHYA or any other de...



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