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Chennai Court December 2014 Judgments

Dec 25 2014

T.Kamalam Vs. Purasawalkam Permanent Fund Ltd

Court: Chennai

Decided on: Dec-25-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:25. 12.2014 CORAM THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.R.P (NPD).No.386 of 2013 1.T.Kamalam 2.L.Barani 3.L.Prabhakaran ...Petitioners Vs. The Purasawalkam Permanent Fund Ltd., Rep. by its Managing Director Having their registered office at No.173, Vellala Street Purasawalkam ...Respondent Civil Miscellaneous Appeal filed under Article 227 of Constitution of India against the order and decreetal order dated 21.12.2012 of XVII Additional Judge, City Civil Court, Madras passed in C.M.P.No.842 of 2010 in A.S.No.74 of 2010. For Petitioners :Mr.M.Rajaraman For Respondent :M/s.K.Sridhar Associates JUDGMENT The plaintiff in the original suit O.S.No.2363 of 2006 decided by the XVIII Assistant Judge, City civil Court, Chennai are the petitioners in the present revision. They had availed a loan of Rs.3,00,000/- from the Purasawalkam Permanent Fund Ltd., the respondent herein, by mortgaging the suit property in favour of the respondent herein ...

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Dec 23 2014

Dr.S.Gurushankar Vs. 1.The Government of Tamil Nadu,

Court: Chennai

Decided on: Dec-23-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23. 12.2014 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN AND THE HONOURABLE MS. JUSTICE V.M.VELUMANI W.P(MD)No.17855 of 2014 and M.P(MD)No.1 of 2014 Dr.S.Gurushankar ... Petitioner Vs. 1.The Government of Tamil Nadu, represented by The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai ?. 600 009. 2.The Director of Town and Country Planning, Directorate of Town and Country Planning, Opp. LIC, Chengalvarayan Building, 4th Floor, 807, Anna Salai, Chennai ?. 600 002. 3.The Member Secretary (i/c), Thanjavur Local Planning Authority, No.33, 4th Street, Rajappa Nagar, Medical College Road, Thanjavur ?. 613 007. 4.The President, Nilagiri Panchayat, Nilagiri Therkku Thottam, Thanjavur. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus to direct the first respondent to pass orders on the application for exemption under Section 113 of the Tam...

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Dec 23 2014

1.The Principal Director, Vs. G.Gurusamy

Court: Chennai

Decided on: Dec-23-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23. 12.2014 CORAM THE HONOURABLE MR. JUSTICE V.DHANAPALAN AND THE HONOURABLE MS. JUSTICE V.M.VELUMANI Writ Appeal (MD) Nos.1017 of 2014 & 1018 of 2014 & M.P.(MD) Nos.1, 1 and 2 of 2014 1.The Principal Director, Highways Department, Chepauk, Chennai - 600 005. 2.The Divisional Engineer, Highways & Rural Works Department, Dindigul - 624 001. 3.The Assistant Divisional Engineer, Highways & Rural Works Department, Batlagundu, Nilakkottai Taluk, Dindigul - 624 001. ... Appellants in both the W.As. Vs. G.Gurusamy ... Respondent in W.A.(MD) No.1017/2014 S.Kaliappan ... Respondent in W.A.(MD) No.1018/2014 PRAYER : Writ appeals filed under Section 15 of Letters Patents Act to set aside and revise the order, dated 04.04.2013, made in W.P.(MD)Nos.3115 and 3116 of 2012 and allow the writ appeals. !For Appellants : Mr.K.Chellapandian (in both the W.As.) Additional Advocate General Assisted by Mr.M.Alagadevan Special Government Pleader ^For Respond...

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Dec 23 2014

Pl.Arunachalam Vs. The Chief Manager-Cum-Authorised officer,

Court: Chennai

Decided on: Dec-23-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23. 12.2014 CORAM THE HONOURABLE MR. JUSTICE V.DHANAPALAN AND THE HONOURABLE MS. JUSTICE V.M.VELUMANI W.P.(MD) No.18129 of 2014 PL.Arunachalam ... Petitioner Vs. The Chief Manager-cum-Authorised Officer, Bank of Baroda, E.C. Street Branch, Chennai. ... Respondent PRAYER Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondent to redeliver possession of the dwelling house of the writ petitioner in Door No.35, Plot No.127, K.K.Nagar East 5th Street, Madurai, on a strict condition stipulated in terms of time bound remittance of the value of the property to the Bank. !For Petitioner : Mr.S.Sethuraman for Mr.A.R.M.Ramesh For Respondent : Mr.Pala.Ramasamy Date of reserving the Order :08. 12.2014 Date of pronouncing the Order:23. 12.2014 :ORDER V.M.VELUMANI, J.The petitioner has filed the writ petition seeking a direction to the respondent to redeliver possession of t...

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Dec 23 2014

Kannan Vs. State Rep. By

Court: Chennai

Decided on: Dec-23-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2014 CORAM THE HONOURABLE Ms.JUSTICE R.MALA Criminal Appeal (Md.No.287 of 2007 Kannan .Appellant versus State rep. by The Inspector of Police, Kanyakumari Police Station in Crime No.435 of 2005 .Respondent Prayer:Criminal Appeal filed under Section 374 Cr.P.C., against the judgment dated 30.03.2007 passed in S.C.No.101 of 2006 by the Assistant Sessions Judge cum Chief Judicial Magistrate, Nagercoil, set aside the conviction and sentence and acquit the appellant. !For Appellant : Mr.V.Kathirelu, senior counsel for Mr.K.Prabhu ^For Respondent : Mrs.S.Prabha, G.A.(Crl. Side) Judgment reserved : 19.12.2014 Judgment pronounced : 23.12.2014 :JUDGMENT The Criminal Appeal is arising out of the judgment of conviction and sentence, dated 30.032007 passed in S.C.No.101 of 2006 by the Assistant Sessions Judge cum Chief Judicial Magistrate, Nagercoil, Madurai, to set aside the conviction and sentence and acquit the appellant, whereby the ap...

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Dec 23 2014

Tamil Nadu State Transport Corporation Vs. Arumugam

Court: Chennai

Decided on: Dec-23-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2014 CORAM THE HONOURABLE MRS.JUSTICE S.VIMALA C.M.A.(MD)No.1325 of 2008 and Cros.Obj.(MD)No.26 of 2014 Tamil Nadu State Transport Corporation (Kumbakonam) Limited, through its Managing Director, Post Box No.46, Railway Station Road, #Kumbakonam.Appellant in CMA and respondent in Cross Obj. Vs Arumugam .Respondent in CMA and Cross Objector Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in MCo.No.82 of 2005 dated 27.02.2008 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur. Cross Objection filed under Order 41 Rule 22 of CPC to enhance the compensation awarded by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur, in MCo.No.82 of 2005 dated 27.02.2008. !For Appellant in CMA and respondent in Cross Obj. : Mr.M.Prakash For Respondent in CMA : Mr.V.Balaji and Cross Objector :COMMON JUDGMENT Reserved on : 16.12....

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Dec 23 2014

Tamil Nadu Civil Supplies Corporation, Vs. G.Subramanian

Court: Chennai

Decided on: Dec-23-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2014 CORAM THE HONOURABLE MRS.JUSTICE S.VIMALA C.M.A.(MD)No.310 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Tamil Nadu Civil Supplies Corporation, Mannargudi Road, Vilamal, Thiruvarur, rep.by its Senior Regional Manager .Appellant Vs G.Subramanian .Respondent Appeal filed under Section 130 of the Workmen Compensation Act, 1923, against the award dated 18.03.2010 received by the appellant on 23.04.2010 made in W.C.No.369 of 2005 on the file of the Workmen Compensation Commissioner and Deputy Commissioner of Labour, Trichy. !For Appellant : Mr.R.Vijayakumar ^For Respondent : Mr.D.Gnanasekaran :JUDGMENT Reserved on : 17.12.2014 Pronounced on : 23.12.2014 The injured / employee, aged 34, earning a sum of Rs.5,200/- per month, suffered: (a)Fracture of right rib bones 8, 9, 10 and 11; (b)Fracture of wrist in the right hand; and (c)Fracture of hip bone, while he fell down from 50 feet, (while attempting to put up a roof).in an accident, ...

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Dec 23 2014

M/S.National Insurance Co. Ltd., Vs. 1.S.Sudha

Court: Chennai

Decided on: Dec-23-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2014 CORAM THE HONOURABLE MRS.JUSTICE S.VIMALA C.M.A.(MD)No.736 of 2014 and M.P.(MD)Nos.3 and 4 of 2014 M/s.National Insurance Co.Ltd., through its Branch Manager, 112, North Car Street, Nagercoil, Kanyakumari District.Appellant Vs 1.S.Sudha 2.Minor A.Manikandan 3.Minor A.Varadhan @ Vishnu Varadhan (MinORS.the respondents 2 and 3, rep.by the mother and guardian, the fiRs.respondent herein).4.D.Sam Edward Raj 5.D.Moses 6.Kasilangam .Respondents Appeal filed under Section 176 of the Motor Vehicles Act, against the judgment and decree dated 26.06.2012 passed in MCo.No.57 of 2011 on the file of Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Nagercoil. !For Appellant : Ms.P.Malini ^For Respondents : Mr.T.Selvakumaran :JUDGMENT Reserved on : 11.12.2014 Pronounced on : 23.12.2014 Ashokan, the deceased, aged 34 yeaRs.employed as a cleaner in a lorry, earning a sum of Rs.9,000/- per month, died in an accident that took pl...

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Dec 23 2014

The Management Vs. The Presiding officer

Court: Chennai

Decided on: Dec-23-2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :09. 10.2009 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.40600 of 2006 S. Subramanian ... Petitioner vs.1. State of Tamilnadu represented by its Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Principal Commissioner and Commissioner for Revenue Administration, Chepauk, Chennai 5.3. The District Collector, Villupuram District, Villupuram. ... Respondents PRAYER: This writ petition came to be numbered under Article 226 of the Constitution of India by way of transfer of Original Application in O.A.No.8699 of 2000 to call for the records relating to the order of the first respondent in G.O.(D) No.461 Revenue (Ser.4(1)) dated 09.09.1999 and quash the same. For Petitioner : Mr.M.Govindaraj For Respondents : Mr.P.Muthukumar Government Advocate ORDER The Original Application in O.A.No.8699 of 2000 before the Tamil Nadu Administrative Tribunal is the present writ petition. 2.The petitioner was a...

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Dec 23 2014

S.Vijayakumar Vs. 1.Union of India,

Court: Chennai

Decided on: Dec-23-2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 23.12.2014 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN and THE HONOURABLE Ms.JUSTICE V.M.VELUMANI Writ Petition (MD)No.9732 of 2013 and M.P.(MD)No.1 of 2013 S.Vijayakumar ..Petitioner versus 1.Union of India, rep.by its Secretary, Ministry of Civil Aviation, New Delhi. 2.The Director General of Civil Aviation, New Delhi. 3.The Chairman, Airports Authority of India, Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi. 4.The Director, Airport Authority of India, Madurai Airport, Madurai. 5.Spicejet Airways, rep.by its Chief Executive Officer, Murasoli Maran ToweRs.No.73, M.R.C.Nagar Main Road, Chennai-600 028. 6.Jet Airways, rep.by its Chief Executive Officer, Siroya Centre, Sahar Airport Road, Andheri (East).Mumbai, Maharashtra-400 099. 7.Air India, rep.by its Director, 19, Rukmini Laxmipathy Road, Egmore, Chennai-8..Respondents (Respondents 5 to 7 were impleaded as per order dated 12.12.2014, made in MP(MD)No.2/2013 & MP(MD)No.1/2014...

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