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Chennai Court April 2013 Judgments

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Apr 04 2013

Logeswari Vs. 1.The District Collector,

Court: Chennai

Decided on: Apr-04-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04. 04/2013 CORAM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.139 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 Logeswari ... Petitioner Vs. 1.The District Collector, Tiruchirappalli District, Tiruchirappalli. 2.The Assistant Director (Panchayat), Tiruchirappalli District. 3.The Block Development Officer (Village Panchayat), Panchayat Union Office, Manachanallur, Tiruchirappalli District. ... Respondents Prayer Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records of the first respondent in Na.Ka.Aa2/728/2012, dated 23.03.2012 and quash the same. !For Petitioner ... Mr.Sri Balaji ^For Respondents 1 and 2... Mr.R.Karthikeyan, Additional Government Pleader For Respondent No.3 ... Mr.M.Govindan, Special Government Pleader ******** :ORDER ****** INTRODUCTORY: Whether the emergency powers conferred on the Collector under Section 203 of the Tamil Nadu P...


Apr 03 2013

M.Sudha Vs. the District Collector,

Court: Chennai

Decided on: Apr-03-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03. 04/2013 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD).No.5183 of 2013 M.Sudha .. Petitioner Vs. The District Collector, Thanjavur District, Thanjavur. .. Respondent Prayer Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the record of the respondent in g.K.54564/2012/m1 dated 10.01.2013 and quash the same as unconstitutional, illegal and unlawful and further direct him to provide employment to the petitioner under compassionate ground more particularly within a time frame as may be stipulated by this Court. !For Petitioner ... Mr.J.Pooventhera Rajan ^For Respondent ... Mr.R.Anandaraj GA :ORDER Heard both sides.2. The compassionate appointment is denied in the impugned order on the sole ground that the petitioner is a married daughter, i.e. the petitioner was married at the time of death of her father.3. The impugned order is extracted hereun...


Apr 03 2013

Dr.G.Sankara Vadivoo Vs. S.Palavannam

Court: Chennai

Decided on: Apr-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE:03. 04.2013 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Civil Revision Petition (PD) No.1427 of 2013 & M.P.No.1 of 2013 Dr. G.Sankara Vadivoo, W/o.S.Palvannam .. Petitioner Vs. S.Palavannam S.o. Late. P.Sankaralingam Pillai .. Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to struck off the petition filed under Section 13 (1) (i-a) of The Hindu Marriage Act, 1955, in HMOP No.500 of 2012 pending on the file of the Sub Court, Tambaram. For Petitioner : Mr. M.N.S.Md Habeeb Raja - - - O R D E R The petitioner is the wife of the respondent. The respondent has filed HMOP No.500 of 2012 on the file of the learned Subordinate Judge, Tambaram, under Section 13(1)(ia) of The Hindu Marriage Act, 1955, (Act No.25 of 1955) (hereinafter will be referred to as "the Act"), seeking divorce. The petitioner has now come up with this petition, under Article 227 of the Constitution of India, seeki...


Apr 03 2013

B.Gajendran Vs. Adhilakshmi

Court: Chennai

Decided on: Apr-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:03. 04.2013 CORAM The Hon'ble Mr. Justice S.NAGAMUTHU C.R.P.(P.D.) No.142 of 2013 and M.P.No.1 of 2013 B.Gajendran .. Petitioner Vs. Adhilakshmi .. Respondent Civil Revision Petition filed under Article 227 of The Constitution of India to strike off the plaint in O.S.No.124 of 2012 on the file of the Principal Judge, Family Court, Chennai and consequently dismiss the said suit. For Petitioner .. Mr.K.V.Subramanian, Sr. Counsel for Mr.M.Md.Shafi For Respondent .. No appearance ORDER The important question is as to whether the Hindu wife, who is not living with her husband, can maintain a suit before the Family Court constituted under the Family Courts Act, 1984 for a decree of perpetual injunction to restrain the husband from alienating his own property. 2.The petitioner is the sole defendant in O.S.No.124 of 2012 on the file of Principal Family Court at Chennai. The respondent is the plaintiff and she is the legally wedded wife of the pet...


Apr 03 2013

Foxteq Services India Ltd. Vs. Commissioner of Service Tax

Court: Chennai

Decided on: Apr-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:03. 04-2013 CORAM: THE HONOURABLE MRS.JUSTICE R.BANUMATHI AND THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU C.M.A. No.907 of 2013 and M.P.No. 1 of 2013 M/s. Foxteq Services India Ltd., No.28 (NP) Thiru Vi Ka Industrial Estate Ekkaduthangal, Guindy Chennai 32. .. Appellant Versus The Commissioner of Service Tax No.692, MHU Complex Anna Salai, Nandanam Chennai 35. .. Respondent Prayer: Civil Miscellaneous Appeal filed against the order of the Customs, Excise & Service Tax Appellate Tribunal Bench, Chennai dated 24.01.2013 in Misc. Order No.403332013-403352013 under Section 35G of the Central Excise Act, 1944. For Appellant : Mr.Md.Shaffiq For Respondent : Mr. V.Sundareswaran SCGSC JUDGMENT K.RAVICHANDRABAABU,J.The above appeal is filed by the assessee against the Miscellaneous Order passed by the CESTAT whereby the appellant was directed to make pre-deposit of 50% of the tax amount.2. The short facts, as projected by the appellant, are a...


Apr 03 2013

The Tamil Nadu Fireworks and Amorces Vs. 1.The Principal Secretary to ...

Court: Chennai

Decided on: Apr-03-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:03. 04/2013 Coram The Honourable Mr.Justice V.RAMASUBRAMANIAN Writ Petition (MD) No.7156 of 2012 And M.P. No.1 of 2012 The Tamil Nadu Fireworks and Amorces Manufacturers Association, Represented by its President S.S.Vijayakumar, 'TANFAMA Centre', 442, Kamarajar Road, Sivakasi-626 123. .. Petitioner Vs 1.The Principal Secretary to Government, Department of Labour and Employment, Fort St. George, Chennai-600 009. 2.The Deputy Chief Controller of Explosives, Petroleum and Explosives Safety Organisation (PESO), FRDC Complex, Sivakasi West-626 124. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records relating to the impugned Gazette Notification dated 9.11.2011 of the first respondent herein published in Part III-Section 1(a) pursuant to the G.O.Ms.No.70 dated 26.8.2011 and quash the same as illegal. !For Petitioner ... Mr.M.Sekar ^For Resp...


Apr 03 2013

S.Subramani Vs. 1.The State of Tamil Nadu Represented

Court: Chennai

Decided on: Apr-03-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03. 04/2013 CORAM THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MRS.JUSTICE S.VIMALA W.P.(MD)No.1637 of 2007 S.Subramani .. Petitioner Vs 1.The State of Tamil Nadu represented by Secretary to Government, Department of Mines and Minerals, Fort St.George, Chennai-9. 2.The District Collector, Tiruchirappalli. 3.The Joint Commissioner of Land Administration, Land Administration Department, Ezhilagam, Chennai-5. 4.The District Revenue Officer, Tiruchirappalli. 5.Parvathi, C/o.Chinnasamy 6.Vijaya 7.Marimuthu 8.Arukkani 9.Ammani 10.Malarmani 11.Periasamy 12.Kaliamoorthy 13.Yesuraj 14.Chinnathambi 15.Venkatachalam 16.Alamelu 17.Iyyavu 18.Sekar 19.Karuppaiah 20.Parvathi, C/o.Kaliyan 21.Maheswari (Respondents 5 to 21 impleaded as per order of this Couirt dated 22.3.2007 in M.P.(MD)No.2 of 2007 in W.P.(MD) No.1637 of 2007) .. Respondents Writ petition filed under Article 226 of the Constitution of India for issuance of a writ...


Apr 03 2013

K.K.Ramasamy Vs. Kannappan

Court: Chennai

Decided on: Apr-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :03. 04.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.No.240 of 2013 and M.P.No.1 of 2013 K.K.Ramasamy .. Appellant Vs. Kannappan .. Respondent This Second Appeal is focussed as against the judgment and decree dated 01.08.2012 in A.S.No.6 of 2012 on the file of the Subordinate Judge, Gobichettipalayam confirming the judgment and decree passed in O.S.No.96 of 2010 dated 25.02.2011 on the file of the District Munsif, Gobichettipalayam. For appellant : Mr.V.Anandhamoorthy JUDGMENT This Second appeal is focussed by the defendnat animadverting upon the judgment and decree dated 01.08.2012 passed in A.S.No.6 of 2012 by the Subordinate Judge, Gobichettipalayam, confirming the judgment and decree of the District Munsif, Gobichettipalayam in O.S.No.96 of 2010.2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.3. A summation and summarisation of the germane facts absolutely nece...


Apr 03 2013

P.Thangapp Vs. 1.The Tahsildar,

Court: Chennai

Decided on: Apr-03-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03. 04/2013 CORAM THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MRS.JUSTICE S.VIMALA W.P.(MD)No.4703 of 2008 P.Thangappa .. Petitioner Vs 1.The Tahsildar, Radhapuram Taluk, Tirunelveli District. 2.The Revenue Inspector, Radhapuram, Tirunelveli District. 3.The District Collector, Tirunelveli District, Tirunelveli. .. Respondents Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the respondents from demolishing and removing the petitioner's house property situated at Old No.2/83-A, New No.2/127, Opp. to C.M.S., By Pass Road, Koodankulam, Tirunelveli District. !For petitioner ... Mr.R.Anand ^For respondents... Mr.C.Selvaraj, Special Government Pleader :ORDER (Order of the Court was made by CHITRA VENKATARAMAN, J.) It is seen that the petitioner has made his representation as early as 16.05.2008 seeking grant of house patta. The representation was made cons...


Apr 03 2013

Chandrapal Sharma Vs. Sumathi Devi

Court: Chennai

Decided on: Apr-03-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :03. 04.2013 Coram The Honourable Mr.Justice M.JAICHANDREN and The Honourable Mr.Justice M.M.SUNDRESH Original Side Appeal No.20 of 2013 & M.P.No.1 o1. Chandrapal Sharma 2.Mahendra Kumar Sharma ... Appellants -vs- Sumathi Devi (Deceased) 1.Suresh Kumar Sharma 2.Inderchand Sharma 3.Basananthi Bai 4.Guneswarlal Shrma 5.Nirmala Devi 6.Manju Devi 7.Santhosh Devi 8.Ratanlal Sharma 9.Pakash Chand Sharma ... Respondents Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules, 1956, read with Clause 15 of the Letter Patent against the order dated 22.06.2012 made in C.S.No.418 of 2007. For appellants : Mr.M.L.Ramesh For respondents : Mr.B.Balachandran for R1 & R2 Mr.M.Kumaraswami for R3 & R8 No appearance for R4 to 7, 8 & 9 JUDGMENT (The Judgment of the Court was delivered by M.M.SUNDRESH,J.) The unsuccessful defendants 3 and 4 in a suit in C.S.No.418 of 2007, which was filed for declaration of shares and con...


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