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Chennai Court December 2016 Judgments

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Dec 19 2016

The Correspondent, Punithat Soosaiappar Higher Secondary School, Dindi ...

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the 2nd respondent Chief Educational Officer in Na.Ka.No. 4816/Aa 2/2010 dated 24/02/2011 and the consequential proceedings in Na.Ka.No. 4816/Aa2/2010 dated 24/02/2011 QUASH THE SAME in so far as they render one post of BT Assistant and one post of Secondary Grade teacher in the petitioner-school as surplus and seek to deploy those teacher to other schools.) 1. The petitioner school is a recognised and aided minority educational institution which was upgraded as a Higher Secondary School in the year 2005. The school offers education from standards 8 to 12 and the total students strength of the school is 1027. The Government had announced revised norms on students-teacher ratio under G.O.Ms.No.525, (School Education) Department dated 29.12.1997 with effect from 01.06.1998. The relevant portion of the G...


Dec 19 2016

Maria Rayammal Vs. The District Collector, Tuticorin and Others

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order in Na.Ka.D2/54251/2012, dated 10.5.2013 passed by the first respondent and to quash the same as illegal and to direct the respondents 1 to 4 to rectify the mistake by changing the patta, in the Petitioner's name, from ''Anaatheenam and Poramboke'' for an extent of 3.42 acres in S.No.105/3 in Periyasamypuram Village in Vilathikulam Taluk in Tuticorin District.) 1. The challenge in the present Writ Petition is to an order passed by the first respondent, dated 10.5.2013 whereby the Petitioner's request for grant of patta in S.No.105/3 in Periyasamypuram Village, Vilathikulam Taluk,Tuticorin District, was rejected. 2. Pending the Writ Petition, the Petitioner has also filed a suit in O.S.No.196 of 2015 before the Sub-Court, Kovilpatti, seeking for a decree of declaration in respect of the above-sai...


Dec 19 2016

G. Rama Rajalakshmi Vs. M. Sampath Kumar

Court: Chennai

Decided on: Dec-19-2016

(Prayer:Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decreetal order dated 21.11.2011 passed in I.A.No.728 of 2011 in O.S.No.1842 of 2005, on the file of the III Additional District Munsif of Coimbatore and prays for setting aside the same.) 1. The plaintiff is the Civil Revision Petitioner before this Court. Challenging the order passed in I.A.No.728 of 2011 in O.S.No.1842 of 2005 dated 21.11.2011 by the learned III Additional District Munsif, Coimbatore, rejecting the petition filed under Rule 75 of Civil Rules of Practice for summoning the Inspector of Police (Law and Order), B-7 Police Station to produce the documents. 2. The case of the plaintiff is that the suit schedule of property described in the schedule was originally purchased as a vacant house site by one Late N.Sakunthala by way of a registered Sale Deed dated 24.11.1968 in Document No.4051 of 1968, on the file of Registrar of Coimbatore. 3. After purchasing the suit ...


Dec 19 2016

C. Veerathevar Vs. Apoorva Varma State of Tamil Nadu, Represented by i ...

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: Contempt Petition filed under Article 11 of Contempt of Courts Act, praying this Court to punish the respondents for their wilful and deliberate disobedience of the order passed by this Court in W.P(MD)No.495 of 2013, dated 30.4.2014.) 1. The learned Additional Government Pleader appearing for the respondents/Contemnors submitted that as against the order passed in the above Writ Petition, a Writ Appeal is filed in W.A.No.1463 of 2015 and the same is pending 2. Recording the above said submission, this Contempt Petition is closed. However liberty is given to the Petitioner to revive the Contempt Petition, if situation so warrants, in future....


Dec 19 2016

T. Nesamani Vs. The Zonal Manager, Life Insurance Corporation of India ...

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to approve petitioner as well as minor child Gopika as Legal Heirs and appointed as nominees and pay petitioner's deceased husband death benefit of LIC Bonds from 16.09.11 and to other related benefits on the basis of the petitioner's representation dated 21.8.2015.) 1. The petitioner seeks for a Mandamus directing the respondents to approve her as well as her minor child Gopika as Legal Heirs and nominees of her deceased husband to receive death benefit of LIC Bonds from 16.09.2011 and to other related benefits, on the basis of her representation dated 21.8.2015. 2. Pending disposal of the writ petition, the petitioner and the fourth respondent filed a joint memo, dated 08.11.2016, singed by them as well as by the respective counsels stating as follows: (2) The petitioner and the 4th respondent jointly states that the present writ petition...


Dec 19 2016

R. Susila and Another Vs. The Sub-Registrar, Chinnamanur Sub-Registrar ...

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 1st respondent from Registering the Documents Deeds in Survey No. 325/1A1 325/1A2 325/1A3 325/1B situated at Seelaiyampatti Village, Uthamapalayam Taluk, within the Sub Registration District of Chinnamannur, Theni District based on the representation of the petitioner dated 17.06.2014.) 1. In both these Writ Petitions, the respective writ petitioners sought for mandamus for bearing the respective Sub-Registrars from registering the documents, deeds in respect of the subject-matter property. 2. The learned counsel for the Petitioners in both these Writ Petitions fairly submitted that as between the Petitioners and the contesting private respondents, a civil suit for partition culminated into a First Appeal in A.S.No.7 of 2016, is pending on the file of the District Court, Theni and therefore, the Petitioners would work out their remedy before the Dis...


Dec 19 2016

M/s. Sre Navaladhiyan Treaders, S. Muthu Kumar, Proprietor Vs. The Che ...

Court: Chennai

Decided on: Dec-19-2016

(Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus calling for the records on the file of the first respondent in G.D.No.1631/2016-17 dated 04.12.2016 and the subsequent compounding notice dated 05.12.2016 of the first respondent and quash the same and direct the first respondent to release the detained goods Vehicle No.TN 28 AF 9496 dated 04.12.2016.1. Issue notice. Mr.K.Venkatesh, accepts notice on behalf of the respondents. With the consent of counsels for parties, the Writ Petition is taken up for final hearing and disposal.2. The substantive relief sought for in the Writ Petition is as follows: .... to issue a writ of certiorarified mandamus calling for the records on the file of the first respondent in G.D.No.1631/2016-17 dated 04.12.2016 and the subsequent compounding notice dated 05.12.2016 of the first respondent and quash the same and direct the first respondent to release the detained goods Vehicle ...


Dec 19 2016

D. Murugesan Vs. Arokia Marie Emathay

Court: Chennai

Decided on: Dec-19-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 16.11.2010 and made in A.S.No.4 of 2009 on the file of the Principal District Judge, Puducherry affirming the judgment and decree dated 30.10.2008 and made in O.S.No.216 of 2000 on the file of the Principal Sub Judge, Puducherry.) 1. Challenge in this second appeal is made by the plaintiff against the judgment and decree dated 16.11.2010 made in A.S.No.4 of 2009 on the file of the Principal District Court, Puducherry, confirming the judgment and decree dated 30.10.2008 made in O.S.No.216 of 2000 on the file of the Principal Subordinate Court, Puducherry. 2. The suit has been laid by the plaintiff for specific performance. 3. The second appeal has been admitted and the following substantial question of law is formulated for consideration in this second appeal. Whether the Courts below erred in shifting burden of proof on the side of plaintiff when the defendant had taken as s...


Dec 19 2016

V. Balasundaram Vs. The Principal Secretary to the Government, Labour ...

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to promote the petitioner to the post of District Employment Officer (Recruitment by transfer) for the year 2010-2011 thereby granting all service benefits as per G.O.Ms.No.279, Labour and Employment dated 27.12.2010 forthwith.) 1. This writ petition has been filed by the petitioner for the issuance of a Writ of Mandamus directing the respondents to promote the petitioner to the post of District Employment officer ( Recruitment by transfer) for the year 2010-2011 thereby granting all service benefits as per Go.Ms.No.279, Labour and Employment, dated 27.12.2010. 2. The case of the petitioner is that initially, he studied upto S.S.L.C. Based on that he was appointed as Office Assistant on 01.03.1975 through Employment Exchange, Madurai. On 28.07.1981, he was promoted as Junior Assistant and on 05.09.1986 he was promoted as Assistant and thereafter, on 22.12.200...


Dec 19 2016

K. Muthan Vs. The Joint Registrar of Cooperative Societies and Another

Court: Chennai Madurai

Decided on: Dec-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to allow me to work as salesman in the 2nd respondent society up to the age of 60 years with all benefits.) 1. The prayer in the writ petition is for a writ of Mandamus to direct the respondents to allow the petitioner to work as salesman in the 2nd respondent society up to the age of 60 years with all benefits. 2. Mr.A.K.Baskarapandian, Special Government Pleader, accepts notice for the respondents. With the consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission. 3. The short facts leading to the filing of the writ petition is as follows: The petitioner's date of birth is 12.01.1959. He joined the services of the 2nd respondent Society and has been working as a Salesman as on date. He will be superannuated on 12.1.2017., ie., the date on which, he has to retire on service. However, the petitioner had se...


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