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Chennai Court October 2015 Judgments

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Oct 29 2015

M. Otchathevar Vs. The Inspector General of Police, South Zone, Madura ...

Court: Chennai Madurai

Decided on: Oct-29-2015

(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ ofMandamus directing the second respondent to consider and pass orders on the appeal preferred by the petitioner dated 01.04.2015 to set aside the punishment order passed by the 3rd respondent dated 06.03.2015.) 1. The petitioner, who suffered the punishment of compulsory retirement, by order dated 06.03.2015, at the hands of the Superintendent of Police, Madurai District, the 3rd respondent herein, has filed an appeal before the Deputy Inspector General of Police, South Zone, Madurai, the second respondent herein, on 01.04.2015. Finding no response in the status of the appeal, the petitioner has come before this Court seeking issuance of a Writ of Mandamus directing the second respondent to consider and pass orders on the appeal preferred by him dated 01.04.2015 to set aside the punishment order passed by the 3rd respondent dated 06.03.2015. 2. Mrs.S.Bharathi, learned Government Advocate ...


Oct 29 2015

K. Sekar Vs. The Director of School Education, D.P.I. Campus, Chennai ...

Court: Chennai Madurai

Decided on: Oct-29-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in Na.Ka.No.5377/C3/E2/2015 dated 17.04.2015 and quash the same as illegal and direct the 2nd respondent to include the petitioner's name in the seniority No.38 in the tentative promotional list of the secondary grade teachers B.T. Assistant (English) as on 01.01.2015.) 1. This writ petition has been filed by the petitioner/K.Sekar challenging the impugned order passed by the second respondent, the Joint Director of School Education (Personal), Chennai, dated 17.04.2015 in Na.Ka.No.5377/C3/E2/2015, in and by which, the request of the petitioner to include his name for further promotion to the post of B.T. Assistant, was refused citing a reason that the petitioner has obtained two degrees, namely, B.A. (Economise) and B.Ed., simultaneously, namely from 2011-2014 (B.A., (Economise) and B.Ed on 03.04.2014 (one year). 2. Learne...


Oct 29 2015

R. Selvalakshmi Vs. Vijayandira Bidari, The Superintendent of Police, ...

Court: Chennai Madurai

Decided on: Oct-29-2015

(Prayer:Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the 1st respondent/Contemnor for his willful disobedience of the order passed by the Hon'ble Court dated 20.3.2015 in Crl.O.P(MD) No.22701 of 2014.) 1. The learned Counsel appearing for the petitioner seeks permission to withdraw the contempt petition. He has also made an endorsement to that effect. 2. In view of the endorsement made by the learned Counsel appearing for the petitioner, this Contempt Petition is dismissed as withdrawn....


Oct 29 2015

M. Natarajan Vs. The Superintendent of Police, Virudhunagar and Anothe ...

Court: Chennai Madurai

Decided on: Oct-29-2015

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent dated 26.10.2015 and quash the same and consequently directing the respondents herein to grant permission and adequate police protection for conducting the Thevar Jeyandhi festival in the petitioner's village by putting Pongal and conducting Villu Pattu program on 30.10.2015.) 1. This Writ Petition has been filed seeking for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent dated 26.10.2015 and quash the same and consequently directing the respondents herein to grant permission and adequate police protection for conducting the Thevar Jeyandhi festival in the petitioner's village by putting Pongal and conducting Villu Pattu program on 30.10.2015. 2. The second respondent herein ...


Oct 29 2015

Muthu Kumar (Minor) and Another Vs. V.M. Hidayathulla and Another

Court: Chennai

Decided on: Oct-29-2015

(Prayer In Both Appeals: Civil Miscellaneous Appeals are filed under Section 173 of the Motor Vehicles Act, to enhance the award against the judgment and decree dated 04.11.2009 made in M.A.C.O.P.No.3989 of 2003 and M.A.C.O.P.No.3990 of 2003, on the file of the Motor Accidents Claims Tribunal, Fast Track Court-I, Chennai.) Common Judgment: 1. The short facts of the case are as follows:- On 30.08.2003 at about 08.30 hours, when the petitioners, in both the claim petitions viz., M.C.O.P.Nos.3989 of 2003 and 3990 of 2003 were riding their cycle at Chetpet St.Peter Lord Road opposite to C.M.C.T. School, a car bearing registration No.TN-01-Q-2595 driven by its driver in a rash and negligent manner, hit against the petitioners causing grievous injuries to both. Hence, the petitioners had filed the claim against the owner and insurer of the car. 2. The second respondent / Insurance Company had filed a counter statement and resisted the above writ petition. The second respondent had denied tha...


Oct 29 2015

N. Ilango and Others Vs. The Secretary to Government, Municipal Admini ...

Court: Chennai Madurai

Decided on: Oct-29-2015

(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ ofMandamus directing the second respondent to consider the proposal of 3rd respondent made in Na.Ka.No.7168/2012/C1/ dated 01.06.2015 and extend the benefit of Old pension scheme to the petitioners.) 1. This Writ Petition has been filed by 15 petitioners seeking for issuance of a Writ of Mandamus directing the second respondent/Commissioner of Municipal Administration,Chepauk,Chennai, to consider the proposal of 3rd respondent/ Commissioner,Sivakasi Municipality,Virudhunagar District made in Na.Ka.No.7168/2012/C1/ dated 01.06.2015 and extend the benefit of old pension scheme to the petitioners. 2. The petitioners were appointed through the employment exchange in the available vacancy at the 3rd respondent corporation on daily wages basis. Subsequently, as they were denied employment and as there was break in service, they approached the learned Tamil Nadu Administrative Tribunal, by filing...


Oct 29 2015

National Textile Corporation Ltd. Vs. Ettappan and Sons, Regd. Partner ...

Court: Chennai Madurai

Decided on: Oct-29-2015

(Prayer: Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, against the judgment and decree dated 31.03.2003 and made in R.C.A.No.18 of 2001 on the file of II Additional Subordinate Court, Tirunelveli, reversing the order and decree dated 24.11.2000 and made in RCOP No.2 of 2000 on the file of I Additional Rent Controller, Tirunelveli.) 1. The tenant is the revision petitioner. 2. This revision arises out of a judgment made in R.C.A.No.18 of 2001 by the learned Rent Control Appellate Authority (II Additional Subordinate Judge), Tirunelveli reversing the order of the learned Rent Controller (I Additional District Munsif), Tirunelveli, dismissing R.C.O.P.No.2 of 2000 filed by the landlords/respondents. 3. The petition mentioned premises is a shop bearing door Nos.7 and 8 in the building bearing Municipal Door Nos.58-C situate in the ground floor of Raja Complex in Tirunelveli Junction measuring about 600 sq. feet. It belongs to the respondents...


Oct 29 2015

Munuswamy and Others Vs. The Tahsildar, Villupuram District and Others

Court: Chennai

Decided on: Oct-29-2015

(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the order No.Na.Ka.A3/19728 of 2011 dated 2.9.2012 issued by the 2nd respondent and quash the same and consequently direct the 2nd respondent to issue patta in compliance of the order in W.P.No.2552/2011 dated 20.7.2011 on the file of Honourable High Court for the punja Land measuring 0.69 cents in Survey No.150/5F and 150/5L situated at Gingee Taluk, Villupuram District.) The writ petition has been listed today under the caption "for dismissal", since there was no representation on behalf of the petitioners, on 28.10.2015. Even today, there is no representation on behalf of the petitioners. Hence, the writ petition is dismissed for non-prosecution. No costs....


Oct 29 2015

Ponmuthuramalingam Vs. The Superintendent of Police, Ramanathapuram an ...

Court: Chennai Madurai

Decided on: Oct-29-2015

(Prayer: 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 permit the petitioner to use Mike and Box Speaker for conducting Pasumpon Muthu Ramalingathevar's 108th Guru Pooja Vizha on 30.10.2015.) 1. This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, to direct the respondents to permit the petitioner to use Mike and Box Speaker for conducting the Pasumpon Muthu Ramalingathevar's 108th Guru Pooja vizha on 30.10.2015. 2. The Counsel appearing for the petitioner submits that for the past three years no person has been permitted to use mike-set on the eve of the Gurupooja of Pasumpon Muthramalinga Thevar and Immanuvel Sekar, to maintain peace and public tranquillity. So, when the petitioner seeking permission to put up the mike- set on 08.10.2015, no order has been passed. Hence, the petitioner prays for a direction to the respondents to give permission to use mike-...


Oct 29 2015

National Insurance Co. Ltd., Vs. Chellammal and Others

Court: Chennai

Decided on: Oct-29-2015

(Prayer: Civil Miscellaneous Appeals filed under Section 173 of the M.V. Act, 1988, against the judgment and decree, passed in M.C.O.P.No.21 OF 2009, dated 31.10.2013, on the file of the learned Motor Accident Claims Tribunal (Subordinate Judge), Mettur.) S. Manikumar, J. 1. Quantum of compensation is the only challenge, in the present Civil Miscellaneous Appeals, before us. 2. It is the case of the respondent/claimant that in the accident, which occurred on 18.11.2008, Rajalingam, a 48 year old man, sustained fatal injuries and died on the spot. Wife, aged 46 years and sons and daughters, aged 33, 30, 28 and 26 years respectively, have preferred a claim petition in M.C.O.P.No.21 of 2009, before the Motor Accident Claims Tribunal (Subordinate Judge), Mettur, claiming compensation of Rs.50,00,000/-. 3. Before the Tribunal, the case of the respondents/claimants was that at the time of accident, the deceased, Rajalingam was aged 48 years, owned 15 acres of land. He was an agriculturist. T...


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