Chennai Court November 2015 Judgments
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V. Vaiyanan Vs. The Secretary to Government, Education Department, For ...
Court: Chennai Madurai
Decided on: Nov-23-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent in his proceedings in Na. Ka. No.167/A2/2015 dated .02.2015 quash the same and consequently direct the respondents to sanction one set of incentive for M.Phil to the petitioner from 01.06.2006.) 1. The petitioner was appointed as B.T. Assistant in 2005. He was further promoted as P.G. Assistant on 12.07.2012. When he was serving as B.T. Assistant, he was granted two sets of incentive increment for acquiring higher qualification viz., M.Sc., M.Ed. 2. The petitioner made a representation dated 04.01.2015 to grant him inventive increment for acquiring M.Phil. qualification. The impugned order is passed by the third respondent refusing to grant incentive increment for M.Phil. on the ground that already the petitioner received two sets of incentive increment while he served as B.T. Assistant. The impugned order fur...
K. Rajeswari Vs. Padmavathi and Others
Court: Chennai
Decided on: Nov-23-2015
(Prayer: Plaint filed and numbered as Civil Suit under Order 4 Rule 1 and Order 24 of the Madras High Court Original Side Rules, read with Order 7 Rule 1 of the Code of Civil Procedure, praying for judgment and decree: (a) for partition of the suit properties into four equal shares and allot one such share to the plaintiff; (b) to appoint an Advocate Commissioner for actual division of the suit properties and put the plaintiff in possession of her 1/4 share; (c) to restrain the first defendant, her men and agents from alienating the suit properties; (d) to direct the defendants to pay the plaintiff her share of profits in the suit properties from the date of suit, and (e) to direct the defendants to pay the costs of the suit to the plaintiff. Schedule of properties Item No.1: House bearing Door No.11/28, Plot No.28, Third Main Road, Thiruvalluvar Nager, Erukkancherry, Corporation Division No.32, Chennai-600 118, measuring an extent of 2400 Sq.Ft. of land with the superstructure measuri...
J. Pooventhera Rajan Vs. The Junior Engineer (Distribution), Tamil Nad ...
Court: Chennai Madurai
Decided on: Nov-23-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing therespondent herein to change the petitioner's house electricity service connection in 143-013-456 under domestic tariff -IA (low tension supply).) 1. The petitioner seeks for a Mandamus directing the respondent to change the electricity service connection in 143-013-456 under domestic tariff -IA (low tension supply) and pass suitable order. 2. The grievance of the petitioner is that even though at the time of constructing the house the electricity service connection was given under commercial tariff, once the house is constructed and the petitioner occupied the same and is now residing therein, the tariff has not been changed from commercial tariff to the domestic tariff by the respondent and on the other hand, the respondent is collecting the electricity charges from the petitioner in respect of the domestic use only under the commercial tariff. Therefore, the petitioner...
S. Thukkamuthu Vs. The Management, Tamilnadu State Transport Corporati ...
Court: Chennai Madurai
Decided on: Nov-23-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to pay the full current wages and other consequential benefits including increments to the petitioner in terms of the Award of the Labour Court passed in I.D.No.23/2012 dated 30.12.2013 and in the light of the Judgment of this Court reported in 2011-IV-LLJ-17(MDS).) 1. The petitioner was employed as a Conductor. He was confirmed in services as a Conductor on 11.09.1988. After rendering 15 years of service, he was dismissed from service on 18.03.2003. He chose to raise an Industrial Dispute regarding his non employment after 7 years in 2010. The same was taken on file in I.D.No.23 of 2012 before the Labour Court, Madurai. The Labour Court passed an award dated 31.12.2003, reinstating the petitioner with continuity of service, but, excluding the period between 19.03.2003 and 14.11.2010 i.e. continuity of service is denied to the petitioner for afore...
Rengarajan Vs. Government of Tamil Nadu, Represented by its Joint Secr ...
Court: Chennai Madurai
Decided on: Nov-23-2015
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order passed by the 1st respondent in letter No.32957/R1/2013 dated 17.05.2013 and quash the same and consequently directing the 3rd respondent to regularise the service of the petitioner as office assistant at 5th respondent school from his initial date of appointment on 06.03.1996 with all consequential benefits in terms of G.O.Ms.No.1499 dated 03.08.1989.) 1. Taking into account the issues involved in this writ petition, the writ petition itself is taken up for final disposal at the admission stage. 2. Heard both sides. 3. The father of the petitioner was an Office Assistant in the 5th respondent school. He died on 12.01.1985. The petitioner passed +2. However, he was given compassionate appointment to the post of Office Assistant by the District Educational Officer, Virudhunagar, by an order dat...
S. Vallinayagam Vs. The Commissioner, Sankarankovil Municipality
Court: Chennai Madurai
Decided on: Nov-23-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondent herein from putting up construction of channel or street bridge in the petitioner's patta land comprised in S.Nos.9/3, 9/3A, 11/2 and 12 measuring an extent of 1 acre 28 cents in Sankarankovil village, Sivanthivasal street, South Car Street, Sankarankovil Taluk.) 1. The petitioner seeks for a Mandamus forbearing the respondent municipality from putting up construction of gutter-bridge or channel in the petitioner's patta land comprised in S.Nos.9/3, 9/3A, 11/2 and 12 measuring an extent of 1 acre 28 cents in Sankarankovil village, Sivanthivasal street, South Car Street, Sankarankovil Taluk. 2. The grievance of the petitioner is that the respondent municipality is attempting to put up construction of gutter-bridge or channel in his patta land without resorting to due process of law. 3. Mr.P.Mahendran, learned standing counsel, who took notice on behalf of the...
V. Murugeswari Vs. The Additional District Magistrate cum District Rev ...
Court: Chennai Madurai
Decided on: Nov-23-2015
(Prayer: This Writ Petition has been filed praying for a Writ of Mandamus directing the first and the second respondents to release the seized Auto Rickshaw bearing No.TN 60 T8689 and consequently to hand over the same to the petitioner.) 1. This Writ Petition has been filed praying for a Writ of Mandamus directing the first and the second respondents to release the seized Auto Rickshaw bearing No.TN 60 T8689 and consequently to hand over the same to the petitioner. 2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents. 3. By consent, this Writ Petition itself is taken up final disposal. 4. The learned counsel appearing for the petitioner submitted that the issue involved in this Writ Petition is already considered in W.P.(MD).No.5675 of 2014 and this Court ordered to release the vehicle therein with certain conditions. Subsequently also, the same issue was considered in W.P.(MD).No.7614 of 2014 dated 29.04.2014 and vehicle therein was released with cert...
A. Mahendraselvan Vs. The Inspector General of Registration, Chennai a ...
Court: Chennai Madurai
Decided on: Nov-20-2015
(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 second respondentdated 3.11.2015 in proceedings Mu.Mu.No.5824/B2/15, quash the same, as the same is arbitrary, ultra vires, contrary to the powers conferred under the Circular No.67 dated 03.11.2011 passed by the first respondentand consequently direct the second respondentto cancel the documents dated 30.10.2000 bearing document Nos.2040/2000 and 2741 of 2000 in respect of the property comprised in door No.98, South Masi Street, Madurai.) 1. This Writ Petitionis filed aggrieved against the order of the second respondentwhereby the petitioner's request for registration of certain documents, namely, the Trust Deed, was rejected. Against the order passed by the second respondent, an appeal lies to the Inspector General of Registration, Chennai, and therefore, when such statutory appeal is available to the petitioner, filing of the present W...
E. Thangaraj and Others Vs. The Secretary to Government, Government of ...
Court: Chennai Madurai
Decided on: Nov-20-2015
(Prayer: W.P.(MD)No.20604 of 2015 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records connected with the impugned press notification dated 15.10.2015 relating to the recruitment of Cooks in regular time scale of pay for the Student's hostels under the control of the 3rd Respondent and quash the same and consequently direct the 3rd Respondent to issue fresh notification for the recruitment of Cooks by including the provisions of Rule 12(d)(1) of the Tamil Nadu State and Subordinate Service Rules in respect of candidates belonging to Backward Classes, Most Backward Classes and Scheduled Caste who are having higher qualification than the requisite qualification of read and write. W.P.(MD)No.20345 of 2015 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration declaring that the impugned press notification dated 15.10.2015 relating to the recruitment of Cooks in r...
M. Nageswari Vs. The District Collector, Madurai and Others
Court: Chennai Madurai
Decided on: Nov-20-2015
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing thefirst respondentto consider and pass orders on the representationgiven by the petitioner dated 16.09.2014 requesting him to disburse the Chief Minister's Relief Fund for the accidental death of the petitioner's husband Murugan.) 1. Mr.M.Murugan, learned Govt.Advocate takes notice for the respondents. 2. The petitioner seeks for a direction to the first respondentto consider her representationdated 16.09.2014 and pass orders on the same. Through the said representation, the petitioner sought for disbursement of Chief Minister's Relief Fund for the accidental death of her husband, namely, one Murugan. 3. Whether the petitioner is entitled for such relief or not, is for the first respondentto consider and decide the same. Therefore,at this stage, this Courtis not expressing any view on the claim made by the petitioner. However,as the representationis said to be pending, I o...
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