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Chennai Court February 2015 Judgments

Feb 11 2015

K.Kalaiveni @ Kamala Vs. 1. the District Vigilance Committee-Cum-

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 Writ Petition (MD) No.1805 of 2004 & W.P.M.P.(MD) No.1847 of 2004 K.Kalaiveni @ Kamala ... Petitioner Vs.1. The District Vigilance Committee-cum- District Collector, Madurai District, Madurai.2. The Secretary to Government, Adi Dravida Welfare, Secretariat, Chennai - 600 009.3. The General Manager, BSNL, Madurai. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorari, calling for the records relating to the order made in Ni.Mu.No.Adi8/89396/02, dated 06.08.2004, on the file of the first respondent and quash the same. Date of reserving the order :18. 12.2014 Date of pronouncing the Judgment :11. 02.2015 !For Petitioner : Mr.G.Prabhu Rajadurai for Mr.T.Muruganantham ^For R1 & R2 : Mr.N.Manohar Special Government Pleader For R3 : Mr.M.Govindarajan :ORDER V.M.VELUMA...

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Feb 11 2015

D.Franklin Joseph Swamidoss Vs. 1.The Director of Elementary Education ...

Court: Chennai

Decided on: Feb-11-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11. 02.2015 CORAM THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.14262 of 2012 D.Franklin Joseph Swamidoss .. Petitioner Vs. 1.The Director of Elementary Education, Chennai - 600 006. 2.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli. 3.The Additional Assistant Elementary Educational Officer, Kalakadu, Tirunelveli District. 4.The Correspondent, CMS Evangelical Middle School, Melapatti, Kalakadu Range, Tirunelveli District. .. Respondents (R4 - dismissed for default vide order of this Court, dated 22.08.2013) Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writs of Mandamus, directing the respondents to approve the petitioner's appointment in the post of B.T. Grade Middle School Head Master in the fourth respondent School from 01.06.2000 and to pay the petitioner's salary for the period from 01.06.2000 to 21.12.2005 in consideration of the petitioner's rep...

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Feb 11 2015

United India Insurance Co. Ltd., Vs. 1.Tmt.K.Patchiammal

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.1089 of 2013 and M.P.(Md.No.3 of 2013 United India Insurance Co.Ltd., 5, Big Bazaar Street, Dharapuram, Erode District ..Appellant versus 1.Tmt.K.Patchiammal 2.Karuppasamy 3.M/s.Bala Selvakumar Bus Service, through its Authorised Signatory (3rd respondent exparte before the Tribunal. Notice to R3 dispensed with) ..Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 14.02.2012 in M.C.O.P.No.386 of 2008 on the file of the Motor Accidents Claim Tribunal (Subordinate Judge).Palani. !For Appellant : Mr.V.R.Subramaniam ^For Respondents : Mr.N.Duraraj for RR1 and 2 R3-Exparte :JUDGMENT The only point that is canvassed in this appeal by the learned counsel for the appellant is that the deceased was a bachelor and aged about 27 years at the time of accident and hence, the Tribunal committed an error in d...

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Feb 11 2015

M.Ashok Vs. 1.The Medical Services Recruitment Board,

Court: Chennai

Decided on: Feb-11-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11. 02.2015 CORAM THE HONOURABLE Mr. JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.5956 of 2014 and M.P(MD)Nos.1 and 2 of 2014 M.Ashok ... Petitioner Vs. 1.The Medical Services Recruitment Board, rep. by its Member Secretary, DMS Building, 359, Mount Road, Chennai. 2.The Director Employment and Training, Guindy, Chennai ?.32. 3.The District Collector, Madurai District. 4.The District Employment Officer, Ramanathapuram. 5.The Revenue Divisional Officer, Madurai. ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the fourth respondent dated 05.03.2014 and consequently, direct the fourth respondent to sponsor the petitioner's name for the appointment for the post of Pharmacist to respondents 1 and 2 forthwith under the priority category and further direct the respondents 1 and 2 to appoint the petitioner a...

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Feb 11 2015

Thangaraj Vs. The State Represented By

Court: Chennai

Decided on: Feb-11-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11. 02.2015 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Criminal Appeal (MD)No.249 of 2008 Thangaraj ... Appellant/ Sole Accused Vs. The State represented by The Inspector of Police, NIB CID, Thoothukudi, Thoothukudi District. (Cr.No.30 of 2002) ... Respondent/ Complainant Prayer : Appeal filed under Section 374(2) of the Code of Criminal Procedure read with Section 36-B of the Narcotic Drugs and Psychotropic Substances Act, against the judgment passed in C.C.No.226 of 2003, dated 19.05.2008, by the learned Special District and Sessions Judge, (NDPS Act and EC Act Cases), Madurai. !For Appellant : Mr.A.Thiruvadikumar ^For Respondent : Mrs.S.Prabha, Government Advocate (Crl.Side) :JUDGMENT The appellant/sole accused in C.C.No.226 of 2003 on the file of the Special District and Sessions Court (NDPS Act and EC Act Cases), Madurai, stood charged, tried, convicted and sentenced, vide judgment dated 19.05.2008, thus: Conviction Sente...

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Feb 11 2015

Karuppasamy Vs. 1.M.Thirumal

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.464 of 2014 Karuppasamy .Appellant Vs 1.M.Thirumal 2.United India Insurance Company Ltd., 1, Post Office Road, Palayamkottai, Tirunelveli-2.Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment in MCo.No.246 of 2008 dated 16.05.2011 on the file of the Motor Accidents Claims Tribunal, Additional District Judge (FTC-1).Tirunelveli. !For Appellant : Mr.U.Minnavadi ^For Respondents : Mrs.K.Mahalakshmi for R1 Mr.C.Jawahar Ravindran for R2 :JUDGMENT This Civil Miscellaneous Appeal arises out of the judgment and decree dated 16.05.2011 in MCo.No.246 of 2008 on the file of the Motor Accidents Claims Tribunal, Additional District Judge (FTC-1).Tirunelveli. 2.The appellant is the claimant in MCo.No.246 of 2008. On 25.10.2005, while he was riding his bicycle at Therku Thittankulam, Melacolony Vilakku, at about 18.30 houRs.he was...

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Feb 11 2015

The Divisional Manager, Vs. 1)g.Panneer

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.1656 of 2013 and M.P(MD)Nos.1 of 2013 and 1 of 2014 The Divisional Manager, M/s.National Insurance Company Limited, Whites Road, Mamtha Complex III Floor, Chennai-600 014..Appellant versus 1)G.Panneer 2)D.Irudhayaraj Proprietor, Raj Roadways, Puliyal, Sivagangai District..Respondents Appeal filed under Section 30 of the Workmen's Compensation Act, 1923 against the award passed in W.C.No.244 of 2008 dated 05.03.2013 on the file of the Workmen's Compensation Commissioner, Madurai. For Appellant : Mr.D.Sivaraman ^For R1 : Mr.M.Prakash For R2 : No appearance :JUDGMENT By consent of both parties, the appeal itself is taken up for disposal, when the application to withdraw 50% of the award amount filed by the injured workman was listed up for hearing. 2.Heard both sides. 3.Learned counsel for the appellant has vehemently contended that it is the case wherein, the 1st...

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Feb 11 2015

S.Pavunraj Vs. Vanaroja

Court: Chennai

Decided on: Feb-11-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11. 02.2015 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN. Crl.R.C(MD)No.48 of 2015 and M.P.(MD)No.1 of 2015 S.Pavunraj ... Petitioner Vs Vanaroja ... Respondent Prayer: Civil Revision Case filed under Section 397 read with 401 of the Code of Criminal Procedure, to call for the records of the learned District Munsif-cum Judicial Magistrate, Papanasam in M.C.No.5 of 2012 and set aside the order dated 19.04.2013. !For Petitioner : Mr.Rajaprabu ^For Respondent : Mr.N.Sivasubramanian :ORDER This revision has been filed praying to set aside the order passed in M.C.No.5 of 2012, dated 19.04.2013, by the learned District Munsif-cum Judicial Magistrate, Papanasam 2. By consent, the Revision itself is taken up for final disposal.3. The revision petitioner is the respondent in M.C.No.5 of 2012 on the file of Court of District Munsif-cum-Judicial Magistrate, Papanasam. The respondent herein has filed the above said petition under Section 12...

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Feb 10 2015

S.Santhanakrishnan Vs. The Managing Director,

Court: Chennai

Decided on: Feb-10-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2015 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN C.M.A.(MD)No.116 of 2013 S.Santhanakrishnan ..Appellant versus The Managing Director, Tamilnadu State Transport Corporation Madurai (Div-IV) Ltd., Dindigul..Respondent Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree passed in M.A.C.O.P.No.24 of 2010 on the file of Motor Accident Claims Tribunal cum Chief Judicial Magistrate Court, Dindigul dated 29.06.2012 for enhancement of compensation. !For Appellant : Mr.D.Selvaraj ^For Respondent : Mr.M.K.Sekhar :JUDGMENT The appellant herein is the claimant in M.C.O.P.No.24 of 20101 on the file of Motor Accident Claims Tribunal cum Chief Judicial Magistrate Court, Dindigul. The Motor Accident Claim arose out of a road accident caused by the rash and negligent driving of the driver of the bus of the respondent Corporation and the claimant has suffered with grievous injuries in all ov...

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Feb 10 2015

Ramalakshmi Vs. 1.Sudalaiyandi

Court: Chennai

Decided on: Feb-10-2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10. 02.2015 CORAM THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN CRL.R.C.(MD)No.530 of 2005 Ramalakshmi : Petitioner Vs. 1.Sudalaiyandi 2.Senthilvel 3.Seethaiyammal 4.Meenakshi 5.Inspector of Police, Cheranmahadevi, Cr.No.62/2003, Tirunelveli District. : Respondents Prayer: Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure praying to admit the revision on file, to call for the records from the lower court and to duly quash and set aside the judgment of the Judicial Magistrate, Cheranmahadevi, in his C.C.No.139 of 2003 dated 19.05.2005 by convicting the respondents 1 to 4 by allowing this revision. !For Petitioner : Mr.K.Prabhu ^For Respondents 1to4 : No Appearance For Respondent No.5 : Mrs.S.Prabha, Government Advocate (Crl.side) :ORDER P.W.1/defacto complainant is the revision petitioner and aggrieved by the order of acquittal dated 19.05.2005 made in C.C.No.139 of 2003 by the Court of Judicial Magist...

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