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Chennai Court February 2015 Judgments

Feb 16 2015

1)malarkodi Vs. 1)sakthivel

Court: Chennai

Decided on: Feb-16-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2015 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN C.M.A(MD)No.79 of 2013 and M.P(MD)No.1 of 2013 1)Malarkodi 2)Minor Karthika (Minor is represented by her mother and next friend Malarkodi (1st appellant) ..Appellants versus 1)Sakthivel 2)Pappayee ..Respondents Appeal filed under Order 43 Rule 1 of the Civil Procedure Code, against the fair order dated 07.01.2013 passed in Indigent O.P.No.1 of 2012 on the file of the District Court, Karur. !For Appellants : Mr.D.Nallathambi ^For R1 : Mr.M.Karthikeya Venkatachalapathy :JUDGMENT The petitioner is the wife and she has a minor daughter aged 10 yeaRs.She filed a suit under Order 33 Rule 1 of the Civil Procedure Code, against her husband and mother-in-law claiming maintenance for herself and her minor daughter Karthika. The matter was taken up in Indigent O.P.No.1 of 2012 on the file of the District Court, Karur. 2.The case of the 1st appellant/wife was that the respondent/husba...

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Feb 16 2015

The Branch Manager, Vs. 1.V.Radhakrishnan

Court: Chennai

Decided on: Feb-16-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2015 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN C.M.A.(MD)No.1135 of 2011 and M.P.(MD)Nos.1 of 2011 and 1 of 2014 The Branch Manager, United India Insurance Company Limited, 130, M.T.R.Road, Lucky ToweRs.1st Floor, Ambattur Industrial Estate, Chennai-600 050.Appellant Vs 1.V.Radhakrishnan 2.Sargunam .Respondents Appeal filed under Section 30 of the Workmen Compensation Act, 1923, against the order passed in W.C.No.351 of 2007 dated 03.08.2010 on the file of the Deputy Commissioner for Workmen's Compensation, Trichy. !For Appellant : Mr.C.Jawahar Ravindran ^For Respondents : Mr.N.Sudhagar Nagaraj for R1 :JUDGMENT The appellant is the Insurance Company. The van owned by the second respondent was insured with the appellant Insurance Company. According to the fiRs.respondent, he was employed as a loadman in the van. The van was carrying iron rods on 07.09.2007 from Chennai to Tiruchirappalli. When the van reached near Veppu...

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Feb 12 2015

Alagappa Swamy Vs. 1.The District Collector,

Court: Chennai

Decided on: Feb-12-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2015 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.11157 of 2014 and W.P.(MD)Nos.669 and 1251 of 2015 M.P.(MD)Nos.1 to 3 of 2014 M.P.(MD)Nos.1 to 3 of 2015 W.P.(MD)Nos.1157 of 2014 Alagappa Swamy ... Petitioner in all Wps Vs. 1.The District Collector, Collectorate, Tirunelveli 2.The Executive Officer, Rayagiri Town Panchayat Sivagiri Taluk Tirunelveli District ... Respondents 1 & 2 in WP.1157/2014 & WP.669/2015 and R1 and R3 in WP.1251/2015. 3.The Assistant Director (Town Panchayat) Tirunelveli Region, Tirunelveli District. ... 2nd Respondent in W.P.1251/15 4.Essaki Duraichi ... 4th Respondent in W.P.1251/15 PRAYER IN WP.1157/2014: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the 2nd respondent impugned notice dated 27.06.2014 in Dinathanthi issue dated 02.07.2014 and quash the same and further direct the 2nd respond...

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Feb 12 2015

H.D.Simon Vs. 1.The State of Tamil Nadu,

Court: Chennai

Decided on: Feb-12-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12. 02.2015 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.1987 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 H.D.Simon : Petitioner Vs. 1.The State of Tamil Nadu, Rep. by its Secretary, Housing & Urban Development Department, Fort St. George, Chennai - 600 009. 2.The Special Tahsildar, (Land Acquisition), Neighbourhood Scheme, Nagercoil. 3.The Tamil Nadu Housing Board, Rep. by its Chairman, Nandanam, Chennai - 600 035. 4.Tahsildar, Nagercoil Taluk, Nagercoil. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the entire records leading to the issue of award No.5/94-95, dated 23.11.1994 on the file of the respondents and quash the same and direct the Tahsildar, Nagercoil, the 4th respondent herein to issue Patta in respect of the land in RS.3-12/5 in Nagercoil Village (Old S.No.1870-A) admeasuring an extent of 60 cents in favour ...

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Feb 12 2015

M/S.Ricky Enterlprises Vs. The Commercial Tax officer,

Court: Chennai

Decided on: Feb-12-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2015 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)Nos.579 OF2015to 581 of 2015 and M.P.(MD)Nos.1 to 3 of 2015 M/s.Ricky Enterlprises Represented by its Proprietor No.@/5, Parameswari Amman Koil Street, Aruppukottai Road, Madurai ?. 625 012 ... Petitioner in all Wps Vs. The Commercial Tax Officer, Tirupparankundram Circle, Madurai ?. 20 ... Respondent in W.Ps. PRAYER IN W.P.579/2015: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the impugned proceedings of the respondent in TIN.33146232022/2013-14, 33146232022/2011-12 33146232022/2012-13 and 33146232022/2013-14 respectively and quash the impugned order dated 12.12.2014 as passed by the respondent contrary to the provisions of the TNVAT Act and principles of natural justice and to further direct the respondent to provide the details requested by the petitioner in its preliminary objections dated 1...

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Feb 12 2015

The Manager, Vs. 1)ramalingam (Died)

Court: Chennai

Decided on: Feb-12-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2015 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN C.M.A(MD)No.1014 of 2011 and M.P(MD)No.1 of 2014 The Manager, Bajaj Allianz General Insurance Company Ltd., Coimbatore ..Appellant versus 1)Ramalingam (died) 2)Mrs.Pappathi 3)M.Rathinam ..Respondents Appeal filed under Section 30(1) of the Workmen Compensation Act, 1923, against the award dated 10.03.2011 received on 16.05.2011 made in W.C.No.143 of 2006 on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour).Dindigul. For Appellant : Mr.S.Srinivasa Raghavan For Respondents : Mr.S.Gokul Raj :JUDGMENT On 24.11.2005, at 09.00 P.M., one Thiru.Ramalingam drove the Mini Door Auto bearing registration No.TN-47-M-4057 and the vehicle met with an accident, in which, the Auto was capsized and the said Ramalingam received injuries. Due to the accident, he suffered permanent disability at 40%. Hence, he filed W.C.No.143 of 2006 against the owner of the...

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Feb 12 2015

Tamil Nadu Sanitary Supervisors Vs. 1.The State of Tamil Nadu,

Court: Chennai

Decided on: Feb-12-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12. 02.2015 CORAM THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.7994 of 2012 & M.P.(MD) No.1 of 2012 Tamil Nadu Sanitary Supervisors Association, Rep. by its President K.Karuppaiah, K.P.Nivas, No.52, Malligaipuram, Srinivasapuram, Thanjavur - 613 009. .. Petitioner Vs. 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The State of Tamil Nadu, Rep. by its Secretary to Government, Public Health & Family Welfare Department, Fort St. George, Chennai - 600 009. 3.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005. 4.The Director of Public Health and Preventive Medicine, Teynampet, Chennai - 600 018. .. Respondents Prayer This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to fill up the vacancies to the po...

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Feb 12 2015

1.R.Gnanaprakasam Vs. 1.The State Rep. By

Court: Chennai

Decided on: Feb-12-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2015 CORAM THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD).No.1498 of 2015 and M.P.(MD).Nos.1 & 2 of 2015 1.R.Gnanaprakasam 2.T.Raj 3.R.Palraj 4.A.Veerasamy ...Petitioners/Accused 3 to 6 -versus 1.The State rep. by The Assistant Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District...Respondent/Investigation Officer 2.The State, rep. By the Sub Inspector of Police, Kovilpatti East Police Station, Thoothukudi District. (Cr.No.396/2013)...Respondent/Complainant 3.Viramuthu, Village Administrative Officer, Iluppaiyoorani, Kovilpatti Taluk, Thoothukudi District....Respondent/Defacto complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with the impugned charge sheet in C.C.No.152 of 2014 on the file of the learned Judicial Magistrate No.I, Kovilpatti and quash the same insofar as the petitioners are concerned. !For Petitioners : Mr.D.Selvam...

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Feb 11 2015

S. Ganesh Vs. 1. the Chief Security Commissioner,

Court: Chennai

Decided on: Feb-11-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11. 02.2015 CORAM THE HONOURABLE MR.JUSTICE V. DHANAPALAN AND THE HONOURABLE Ms.JUSTICE V.M. VELUMANI W.A.(MD)No.1144 OF2012S. Ganesh .. Appellant Vs.1. The Chief Security Commissioner, Railway Protection Force, 6th Floor, Moor Market Complex, Southern Railway, Chennai 2. The Personnel Officer, GM Building, Park Town, Southern Railway, Chennai 3. The Divisional Personnel Officer, Southern Railway, Madurai Division, Madurai 4. The Divisional Security Commissioner, Railway Protection Force, Southern Railway, Madurai Division, Madurai. .. Respondents Writ Appeal is filed praying to set aside the order passed in W.P.(MD).NO.2226 of 2011 dated 21.11.2011 and direct the respondents to provide a job to the petitioner on compassionate ground in any suitable post commensurate with the petitioner's educational qualification. !For Appellant : Mr.D.Ganesh Moorthy ^For Respondents : Mr. S.Manohar Date of reserving the Judgment :22. 12.2014 Date o...

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Feb 11 2015

Kamatchi Vs. 1.Arunachalam Pillai

Court: Chennai

Decided on: Feb-11-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2015 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN C.M.A.(MD)No.157 of 2013 Kamatchi ..Appellant versus 1.Arunachalam Pillai 2.The Branch Manager, National Insurance Company Ltd., Karur ..Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award dated 16.10.2012 and made in M.C.O.P.No.198 of 2010 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate, Dindigul) and praying to set aside the same. For Appellant : Mr.A.Hariharan For Respondents : Mr.N.Murugesan for R2 R1 - Exparte :JUDGMENT The appellant is the claimant in M.C.O.P.No.198 of 2010 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dindigul. He claimed compensation for a sum of Rs.3,00,000/- for the injuries sustained by him in a road accident that happened on 27.08.2010 at about 6.00 a.m.2.The claimant is a milk vendor by profession. On the date of accident, he travelled in his...

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