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Chennai Court November 2015 Judgments

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Nov 27 2015

The Executive Officer, Ettayapuram Special Village Panchayat Vs. and A ...

Court: Chennai Madurai

Decided on: Nov-27-2015

(Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order dated 13.12.2011 made in W.P(MD)No.11405 of 2005. Appeal filed under Clause 15 of the Letters Patent, against the order dated 13.12.2011 made in W.P(MD)No.1059 of 2006. Appeal filed under Clause 15 of the Letters Patent, against the order dated 13.12.2011 made in W.P(MD)No.3211 of 2006. Appeal filed under Clause 15 of the Letters Patent, against the order dated 13.12.2011 made in W.P(MD)No.7093 of 2007. Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari to call for the records relating to the impugned notification, issued by the third respondent in Na.Ka.No.1/2015, dated 26.03.2015 and quash the same as illegal.) Common Judgment: V. Ramasubramanian, J. 1. While the four writ appeals on hand arise out of a common order passed by the learned Judge, either setting aside the cancellation of a licence or issuing a direction to renew the licence for the conduct of the weekl...


Nov 27 2015

T.K. Shanmugam Secretary C.P.I. (M) North Chennai District Committee V ...

Court: Chennai

Decided on: Nov-27-2015

(Prayer:- Petition under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 3 and 4 to grant Patta and regularise the encroachments in Survey No. 11 (Part) and 53/2 (Part) in No. 65, Kolathur Village, Chennai District in terms of G.O. ms. No. 854 dated 30.12.2006 read with G.O. ms. No. 579 dated 03.10.2008 issued by the first respondent herein read with letter No. 42857/K/2002 dated 07.3.2005 of the second respondent herein to the sixth respondent herein and in terms of the judgment dated 29.4.2008 in W.P. Nos. 16636 of 1995 and 22274 of 2007 reported in 2008 (5) MLJ 1425.) Pushpa Sathyanarayana, J. The need to protect the environment has emerged as a burning issue, which ultimately lead to the new concept of 'sustainable development.' Since time immemorial, people across the world have always made efforts to preserve and protect the natural resources like air, water, plants, flora and fauna. Lakes and water bodies are gifts of nature. T...


Nov 26 2015

D. Prabhu Vs. The Regional Transport Officer, Karur and Another

Court: Chennai Madurai

Decided on: Nov-26-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to return the driving license of the petitioner bearing TN 48 20050003412 to him forthwith.) 1. The petitioner is working as Driver in Tamil Nadu Transport Corporation (Kumbakonam) Limited. On 12.11.2015, he was allotted to work in a bus bearing Registration No.TN 45 N 2926. The work commenced at 5.00 a.m. and ended at 01.00 p.m. But, he was asked to do next shift also from 01.00 p.m. onwards, which would end at 10.30 p.m., since, there was shortage of drivers. In those situation, the bus involved in an accident with a two wheeler. Due to the said accident, two persons died. A case was registered in crime No.498 of 2015 on the file of the Thkamalai Police Station for the offences under Sections 279 and 304(A) of I.P.C. While so, the police seized the driving licence of the petitioner and handed over the same to the second respondent, who in turn,...


Nov 26 2015

Kalyani Vs. The Superintendent of Engineer, Pudukottai Electricity Dis ...

Court: Chennai Madurai

Decided on: Nov-26-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to reactivate the electricity service connection number 246 in the petitioner's agriculture land in S.No.40-A/2 situated in Silatur Aranthangi Taluk, Pudukkottai District, within the time stipulated by this Court by considering the petitioner's representation dated 09.05.2015.) 1. The petitioner seeks for a Mandamus directing the respondents to reactivate the electricity service connection number 246 in the petitioner's agriculture land in S.No.40-A/2 situated in Silatur Aranthangi Taluk, Pudukkottai District, within the time stipulated by this Court, by considering the petitioner's representation dated 09.05.2015. 2. The grievance of the petitioner is that even though such representation is made, the same has not been considered sofar. Hence, he has come forward with the present Writ Petition for the relief stated supra. 3. On the other hand, it is ...


Nov 26 2015

P. Tharmar Vs. The Engineer-in-Chief Water Resources Department and Ch ...

Court: Chennai Madurai

Decided on: Nov-26-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the second respondent i.e. the Chief Engineer (Buildings), Madurai to send his proposals to the Engineer-in-Chief , Water Resources Department and Chief Engineer (General), Chennai based on the report of the Superintending Engineer, Madurai sent in his letter No.E.A.1/461/2015 dated 05.08.2015 within a specified time frame that may be fixed by this Court and then on receipt of it, the Engineer-in-Chief, Water Resources Department and Chief Engineer (General), Chennai may be directed to take a decision on the proposals received on merits and in accordance with law within a specified time frame that may be fixed by this Court.) 1. The petitioner is working as a Head Wireman in Public Works Department. He made a representation to the first respondent to grant him promotion to the post of Foreman. 2. Based on his representation, the first respondent sent letter No.S...


Nov 26 2015

S. Ganga Vs. The State of Tamil Nadu, Rep. by its Commissioner and Sec ...

Court: Chennai

Decided on: Nov-26-2015

(Prayer: The Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature of a writ, calling for the records on the file of the 2nd respondent herein in relation to Award No.8/1984, dated 01.10.1984 in respect of lands situated in S.Nos.557/1 and 557/2 admeasuring an extent of 1.3 Acres in Mugappair Village, Ambattur Taluk, Tiruvallur District of the petitioner.) 1. The petitioner states that the petitioner is the absolute owner of the property comprised in Survey Nos.557/1 and 557/2 admeasuring 1.3 acres at Mogappair Village, Ambattur Taluk, Tiruvallur District. The above said land has been acquired by the respondents for the purpose of Ambattur Neighbourhood Scheme of the Tamil Nadu Housing Board. 2. The petitioner further states that Notification under Section 4(1) of the Land Acquisition Act, 1894 was published under G.O.Rt.No.261, Housing Department dated 23.10.1975 in Tamil Nadu Go...


Nov 26 2015

S. Sivaraj Vs. The Member Secretary, Tamilnadu Uniformed Services, Che ...

Court: Chennai Madurai

Decided on: Nov-26-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the 1st respondent regarding the result published for the selection of Sub Inspector (Taluk) stating that the petitioner (Enrollment No.3408690) is not qualified and to quash the same and further to direct the 1st respondent to select the petitioner (Enrollment No.3408690) as Sub Inspector (Taluk).) 1. The petitioner participated in the selection for the post of Sub Inspector. He was qualified in the written examination as he secured 51 marks out of 70 marks. Hence, he moved to the next stage of selection, namely, physical efficiency test. In the physical efficiency test, he obtained 9 marks, while the maximum mark is 15. Since he was qualified in the said test also, he was called appear for viva voce. Accordingly, he appeared in the viva voce test and got 7.5 marks. The maximum mark in viva voce is 10. The petitioner was...


Nov 26 2015

Anilkumar Vs. The Station House Officer D Nagar Police Station, Pondic ...

Court: Chennai

Decided on: Nov-26-2015

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, against the Judgment, dated 17.09.2013 made in S.C.No.62 of 2011 on the file of the learned II Additional Sessions Judge, Puducherry.) S. Tamilvanan, J. 1. The criminal appeal has been preferred against the conviction and sentence imposed by Judgment, dated 17.09.2013 made in S.C.No.62 of 2011 on the file of the learned II Additional Sessions Judge, Puducherry. 2. It is seen that the appellant is the sole accused and he was convicted under Section 302 IPC and sentenced to undergo life imprisonment and also imposed a fine of Rs.1,000/- and in default to undergo Rigorous Imprisonment for one year. 3. As per the prosecution case, the Station House Officer, D'Nagar Police Station, Puducherry laid a report against the accused person, that on 01.05.2010 at about 9.30 hours, at No.4, Tagore Street, Kathirkamam, Puducherry, the accused poured kerosene on his wife, deceased Seethadevi and lit fire and caused ...


Nov 26 2015

Joice Vs. The District Collector, Kanyakumari District, Nagercoil and ...

Court: Chennai Madurai

Decided on: Nov-26-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the second respondentherein in E2/12120/2015 dated 21.07.2015 and quash the same and direct the respondents and their subordinate not to interfere in the land which is the subject matter of a pending civil suit in O.S.No.98 of 2009 on the file of the Sub-Court, Padmanabhapuram.) 1. This writ petition is filed challenging the proceedings of the second respondent dated 21.07.2015 and consequently seeking for a direction to the respondents not to interfere with the land which is the subject matter of civil suit in O.S.No.98 of 2009 on the file of the Sub-Court, Padmanabhapuram. 2. Through the impugned proceedings, the petitioner and other three persons were called upon to appear on 27.07.2015 at 11.00 a.m with relevant documents in their possession for the purpose of surveying the land at S.No.448/7, Midalam Villag...


Nov 26 2015

E. Sivakumar and Another Vs. The District Collector, Erode District

Court: Chennai

Decided on: Nov-26-2015

(Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of the respondent relating to the order issued in Ref.Na.Ka.No.62389/2006/X1, dated 19.02.2007, quash the same.) 1. The short facts of the case are as follows: The first petitioner submits that he is well acquainted with the facts stated herein. He is filing this writ petition for himself and on behalf of the second petitioner, also since the second petitioner has authorized him to swear to this affidavit. He submits that himself and the second petitioner S.Kandasami Gounder are the joint owners of the land bearing Survey No.486/1, admeasuring 1 acre and 58 cents in Thattaravalasu Village, Dharapuram Taluk, Erode District. They have purchased the said land from Mr.Veerasamy and his son Mr.V.Selvaraj having residence at Ellappalayam, Erasinampalayam Village, Dharapuram Taluk on 27.12.2005 by way of registered sale deed. The said sale deed is regist...


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