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Chennai Court June 2013 Judgments

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Jun 20 2013

Dr.Jamuna Vs. Karmegam

Court: Chennai

Decided on: Jun-20-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :20. 6.2013 CORAM: THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU C.R.P. (NPD) No.3403 of 2009 Dr.Jamuna .. Petitioner Vs. Karmegam .. Respondent PRAYER: Petition under Article 227 of the Constitution of India against the decreetal order dated 29.6.2009 in unnumbered E.A.S.R.No.13212 of 2008 in E.P.No.40 of 2004 in O.S.No.208 of 1998 on the file of the Principal District Munsif Court, Alandur. For Petitioner : Mr.G.Vijayakumar For Respondent : Mr.B.Vijay ORDER This Civil Revision Petition is filed as against an order of dismissal dated 29.6.2009 passed in unnumbered E.A.S.R.No.13212 of 2008 filed by the petitioner under Section 47 read with Section 151 of the Code of Civil Procedure (for brevity, ".the CPC".) seeking for dismissal of the execution petition as not maintainable.2. Heard Mr.G.Vijayakumar, learned counsel for the petitioner and Mr.B.Vijay, learned counsel for the respondent. 3.1. The petitioner herein is the judgment-...


Jun 20 2013

N.Vijayalakshmi Vs. Commissioner Land Reforms

Court: Chennai

Decided on: Jun-20-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:20. 06.2013 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.6259 of 2008 Mrs.N.Vijayalakshmi ... Petitioner Vs. 1.The Special Commissioner & Commissioner Land Reforms, Chepauk, Chennai 600 005. 2.The Assistant Commissioner / Competent Authority, Urban Land Ceiling, Kundrathur, Chennai. 3.The Tahsildhar, Sriperumbudur. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus to call for the records of the respondents, especially the order of the second respondent dated 13.03.1997 in Ref. Na.Ka.2158/96A under Section 9(5), in respect of lands in Survey No.737, 738/1B and 740, measuring to an extent of 59 cents, 59 cents and 80 cents respectively, of Kundrathur Village, Sriperumbudur Taluk, Chingleput District, and quash the same, and treat the proceedings as abated under Section 4 of the Tamil Nadu Urban Land (Ceiling & Regulation) Repeal Act, (Act 20 of ...


Jun 20 2013

Kalimuthu Vs. A.S.A.R. Kalairaja Chettiyar

Court: Chennai

Decided on: Jun-20-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :- 20.06.2013 Coram The Hon'ble Mr. Justice K.RAVICHANDRABAABU C.R.P.(NPD) No.390 of 2011 and M.P.No.1 of 2011 Kalimuthu ... Petitioner Vs A.S.A.R. Kalairaja Chettiyar rep. By his power agent Vellaiyan Chettiyar ... Respondent Civil Revision Petition filed against the order and dated 4.3.2010 made in E.A.No.14 of 2010 in E.P.No.62 of 2008 in O.S.No.90 of 1982 on the file of the Sub Court, Nagapattinam. For Petitioner :- Mr.S.Sathiamurthi For Respondent :- No appearance ORDER This Civil Revision Petition is filed against an order made in E.A.No.14 of 2010 in E.P.No.62 of 2008 in O.S.No.90 of 1982 on the file of the Sub Court, Nagapattinam, wherein and whereby the Court below has rejected the said application filed by the petitioner seeking permission for filing additional counter in the execution petition.2. Though notice was served on the respondent, he has not chosen to appear before this court either in person or through counsel. Howeve...


Jun 20 2013

R. Kannan Vs. 1.The Director,

Court: Chennai

Decided on: Jun-20-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20. 6/2013 CORAM The Hon'ble Mr.Justice N.PAUL VASANTHKUMAR and The Hon'ble Mr.Justice P.DEVADASS W.A(MD)No.1469 of 2011 and M.P(MD)No.1 of 2011 AND W.A(MD)No.1470 of 2011 AND M.P(MD)No.1 of 2011 R. Kannan .. Appellant in both writ appeals Vs 1. The Director, Medical and Rural Health Services and Family Welfare, Chennai - 6 2. The Joint Director, Medical and Rural Health Services and Family Welfare, Sivagangai District.3. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Sivagangai. .. Respondents in both writ appeals Writ Appeals filed under Clause 15 of the Letters Patent against the common order dated 11.10.2011 passed in W.P.(MD)No.11392 & 11393 of 2011. !For Appellant .. Mr.T.Lajapathy Roy ^For Respondent .. Mr.Alagadevan, Special Govt. Pleader :COMMON JUDGMENT N.PAUL VASANTHAKUMAR, J.These writ appeals are filed against the common order dated 11.10.2011 passed by the learned single Judge dismissing W.P(MD)N...


Jun 20 2013

Marry Prakasam Vs. Jayapriya Chit Funds Private Limited

Court: Chennai

Decided on: Jun-20-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 20.06.2013 Coram THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU C.R.P.No.287 of 2010 and M.P.No.1 of 2010 1. Marry Prakasam 2. R.Umamageswari 3. G.Pandiyan .Petitioners -versus 1. Jayapriya Chit Funds Private Limited, Neyveli 2, Cuddalore District. 2. P.Chitra 3. S.Usha 4. J.Delphine Rani .Respondents (R2 to R4 are not necessary parties in the C.R.P.) Prayer : Civil Revision Petition is filed under Section 115 of the Civil Procedure Code against the fair and decreetal orders dated 07.11.2009 passed in R.E.P.No.22 of 2009 in A.R.No.25 of 2008 on the file of the Sub Court, Neyveli. For Petitioners : Mr.P.Mani For Respondents : Mr.V.Manisekaran (For R1) ORDER The petitioners are respondents 1, 2 and 6 in R.E.P.No.22 of 2009 in A.R.No.25 of 2008 on the file of the Sub Court, Neyveli. They are aggrieved against the order passed in the execution proceedings in R.E.P.No.22 of 2009 dated 07.11.2009, whereby 1/3rd of their salary was directed to ...


Jun 20 2013

A.Kotteswaran Vs. S.Punitha

Court: Chennai

Decided on: Jun-20-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.06.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.2715 of 2004 A.Kotteswaran .Appellant vs 1.S.Punitha 2.M/s.New India Assurance Co.Ltd., No.514-515, Gandhi Road, Kancheepuram.Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the Judgment and Decree dated 03.12.2003 made in M.A.C.T.O.P.No.318 of 1999, on the file of the Motor Accident Claims Tribunal, Kancheepuram, (Fast Track Court-II) at Kancheepuram (Additional District Judge, Kancheepuram).For Appellant : Mr.N.Veerasamy For Respondents:Mr.K.S.Narasimhan (for R2) R1 Ex-parte JUDGMENT The claimant had initiated a claim in M.C.O.P.No.318 of 1999, against the owner and insurer of the Auto bearing Registration No.TN-07-Z-7705 stating that on 30.12.1998, at about 6.30 p.m., when he was proceeding on his bicycle on the Kancheepuram main road, the driver of the Auto had driven it in a negligent manner and dashed it behind him. A...


Jun 20 2013

Sardhar Vs. Annadurai

Court: Chennai

Decided on: Jun-20-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:20. 06.2013 CORAM: THE HONOURABLE MR. JUSTICE G.M. AKBAR ALI C.M.A.No.385 of 2013 1.Sardhar 2.Noorunnisha .. Appellants / Claimants /vs/ 1.Annadurai 2.Karthikeyan 3.United India Insurance Co. Ltd., 1170, Mettur Road, 2nd floor, Muthaiah Complex, Erode Town, Erode District .. Respondents / Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to fix the entire liability on the insurer in the Judgment and Decree dated 26.4.2007 made in M.C.O.P.No.306 of 2004 on the file of the Motor Accident Claims Tribunal/Sub Court, Bhavani. For Appellants :: Mr.Ma.P.Thangavel For Respondents :: R1-Exparte in the Lower Court No Appearance for R2 Mr.T.Ravichandran for R3 JUDGMENT By consent of both the counsel, this appeal is taken up for final disposal at the stage of admission itself.2. The Civil Miscellaneous Appeal has been filed by the Claimants seeking enhancement of compensation and also questioning the ...


Jun 20 2013

M.Soundarapandian Vs. Syndicate Bank

Court: Chennai

Decided on: Jun-20-2013

In the High Court of Judicature at Madras Dated: 20.06.2013 CORAM: The Hon'ble Mr.Justice M.Jaichandren and The Hon'ble Mr.Justice M.M.Sundresh W.P.No.31645 of 2012 M.Soundarapandian .Petitioner versus The Syndicate Bank, Rep. by its Senior Branch Manager and Authorised Officer Ootacamund Branch.Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus,calling for the records of the respondent Bank, in letter dated 13.11.2012, bearing No.6230/Genl.2012, quash the same and further direct the respondent herein to refund the proportionate amount on the sale consideration collected from this petitioner with respect to the extent of the property actually available, or in the alternative, direct the respondent to repay the total sale consideration i.e.a sum Rs.39,05,000/- along with interest to this petitioner. ---- For petitioner : Mr.P.J.Rishikesh For respondent : Mr.P.Sreenivasalu ----- ORDER [Judgment of t...


Jun 20 2013

P.Giri Vs. Tamil Nadu Transport Corpn

Court: Chennai

Decided on: Jun-20-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED2006.2013 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.No.25451 of 2003 P.Giri .Petitioner Vs 1.The Managing Director, Tamil Nadu Transport Corporation (Division I).Villupuram. 2.The Deputy Manager (Provident Fund).Tamil Nadu Transport Corporation (Division I).Villupuram.Respondents 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 second respondent in letter No.123/PE5/TNSTC(D-1)/2003 and quash his order dated 06.02.2003 and direct the fiRs.respondent to consider the representation made by the petitioner on 26.04.2003 for the grant of pension to the petitioner for the service rendered with the State Transport Corporation. For Petitioner : Mr.S.Balasubramanian For R.1 : Mr.Paramasivadosss ORDER The petitioner was a Driver under the respondent/Tamil Nadu Transport Corporation (Division I).Villupuram. He retired from service under the...


Jun 20 2013

V.Subramanian Vs. Tamil Nadu State Transport Corporation Ltd.

Court: Chennai

Decided on: Jun-20-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.06.2013 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.16595 of 2013 and M.P.Nos.1 and 2 of 2013 V.Subramanian .Petitioner versus Tamil Nadu State Transport Corporation Ltd., Rep by its General Manager, (Division-II).Chennimalai Road, Erode-638 002.Respondent 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 dated 9.7.2007 bearing Re.No.1977/B1/BB2/TNGTRANSPORT/DIV/ER/07 and quash the same and consequently direct the respondent to pass order in accordance with the order passed by the Division Bench in W.A.Nos.1294 to 1299 of 1997 dated 8.12.1997. For Petitioner : Mr.R.Aruldoss For Respondents : Mr.S.Saravanan - - - - ORDER The petitioner is a Conductor in the respondent Corporation. He was given permanency from 4.6.2006 by an order, dated 9.7.2007. The petitioner has questioned the same, stating that the petitione...


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