Chennai Court December 2016 Judgments
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V. Manoharan, Rep. by Power of Attorney Holder Vs. S.R.K. Prasad Direc ...
Court: Chennai
Decided on: Dec-08-2016
M. Sundar, J. 1. This intra court appeal is directed against an order dated 22.06.2016, made in Company Application No.1708 of 2010 in a disposed off Company Petition, namely, C.P.No.30 of 1981. 2. The appellant herein is the applicant, before the learned Single Judge. The appellant herein, took out an application, with a prayer to direct the respondents 1 and 2 in the application,to jointly and severally pay gratuity amount to the tune of Rs. 34,49,345/-, which is said to be due and payable to the Assistant Commissioner of Labour, Coimbatore. The prayer was not acceded to and the application was dismissed. Aggrieved, the applicant has preferred the instant intra court appeal. 3. It would be relevant to set out the factual matrix in brief. Factual matrix containing details and particulars, which are absolutely necessary for disposal of the instant application sans other details and particulars is set out infra. Factual Matrix: i] A private limited company, namely, Ramakrishna Industrie...
M/s. V.V. Mineral, Keeraikaranthattu, Tirunelveli District Vs. The Com ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer in W.P(MD)No.10543 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to Grant the Mining Lease to the petitioners application dated 1.11.2004 in Udankudi village Tiruchendur Taluk Tuticorin District pursuant to the Approval given by the Ministry of Mines dated 23.5.2012 Approved Mining Plan by Indian Bureau of Mines and in compliance to the Ministry of Mines Circular dated 3.3.2016 within time limit fixed by this Court in accordance with law. Prayer in W.P(MD)No.10544 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to Grant the Mining Lease to the petitioners application dated 1.11.2004 in Keel Tiruchendur Village Tiruchendur Taluk Tuticorin District pursuant to the Approval given by the Ministry of Mines dated 23.5.2012 Approved Mining Plan by Indian Bureau of Mines and in compliance to the...
M.H. Syed Ibrahim Vs. The Government of Tamilnadu, rep. by its Secreta ...
Court: Chennai
Decided on: Dec-07-2016
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order passed by the learned single Judge in W.P.No.37288 of 2007 dated 18.12.2015.) Nooty Ramamohana Rao, J. 1. This Appeal under Clause 15 of the Letters Patent, is directed against the order dated 18.12.2015, rendered by the learned single Judge, C.S.Karnan, J, dismissing the W.P.No.37288 of 2007, instituted by the writ petitioner, calling in question, the legality and sustainability of the orders passed by the State Government in G.O.Ms.No.50, Highways Department dated 13.04.2007. 2. Heard Shri. N.Subramaniyan, learned counsel for the writ petitioner/appellant for a considerable length of time. 3. At the very outset, though the learned counsel for the appellant has ventilated a serious concern about the method and manner in which the writ petition has been dealt with and decided by the learned single Judge, however, we are not inclined to advert to the said aspect of the matter. But instead, requested Shri N.Su...
D. Balakrishnan @ Saravanan Vs. The District Collector, Theni District ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents herein from laying the Balakrishnapuram - Pallapatti Village Road through the property belonging to the petitioner situated in Survey No.367/2 B Koduvilarpatti Revenue Village, Nagalapuram Village Panchayat, Theni District by considering the representation of the petitioner, dated29.1.2015.) 1. Learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed....
S. Prakash Vs. The Commissioner, Tiruchirapalli City Corporation, Tiru ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(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 advance amount deposited by the petitioner for the tender dated 28.12.2012 by considering the petitioner's representation dated 03.01.2015.) Order: 1. The petitioner seeks for a direction to the respondents to return the advance amount deposited by the petitioner by considering his representation dated 03.01.2015. 2. The grievance of the petitioner is that even though the agreement entered between himself and the respondents came to an end in respect of running toilet and that he has paid the lease amount for the period 2013-2014 and 2014-2015, the respondents have not refunded the advance amount paid by him. Therefore, he made the representation dated 03.01.2015 and seeks for its disposal. 3. A counter affidavit is filed by the respondents, wherein it is stated that the petitioner did not pay the third year license amount of Rs.11,5...
Arockiaraj Vs. The Joint Director, Health and Rural Welfare and Family ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st Respondent to pass an order on the enquiry conducted by him vide his Proceedings Na.Ka.No.10840/Confident/2016 dated 01.11.2016 within the stipulated as fixed by this Hon'ble Court.) 1. The prayer in the writ petition is for a Writ of Mandamus, directing the 1st Respondent to pass an order on the enquiry conducted by him vide his Proceedings Na.Ka.No.10840/Confident/2016 dated 01.11.2016, within the stipulated time as fixed by this Court. 2. The case of the petitioner is that on 17.10.2015, when he was standing in front of his house, at the instigation of his wife, father-in-law and mother-in-law, the second respondent, who is maternal uncle of the petitioner's wife, along with others attacked the petitioner and his parents. 3. Thereafter, the petitioner was admitted in a hospital for treatment. On 18.10.2015, the petitioner lodged a complaint against the s...
Mohan Vs. The State, Represented by The Inspector of Police, B9 Sarava ...
Court: Chennai
Decided on: Dec-07-2016
(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C., by the appellant/sole accused against the judgment dated 23.02.2015 in S.C.No.123 of 2014 on the file of the learned Mahila Sessions Judge, Coimbatore.) S. Nagamuthu. J. 1. The appellant is the sole accused in S.C.No.123/2014 on the file of the learned Mahila Sessions Judge, Coimbatore. He stood charged for offence under Section 302 I.P.C. By judgment dated 23.02.2015, the trial Court convicted him for offence under Section 302 I.P.C., and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal. 2. The case of the prosecution, in brief, is as follows:- The deceased in this case was one Mrs.Rajeswari. She was originally given in marriage to one Mr.Kalidas. Out of the said wedlock, she was pregnant. When she was pregnant by two months, her husban...
S. Palanivel Vs. The Revenue Divisional Officer, Aruppukottai Sub Divi ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to facilitate the worship of deity, Ohm Sri Manonmani Mariamman, situated at Mallankinaru Village, Kariapatti Taluk, Virudhunagar District, during Sivarathiri poojas to be held on 17.02.2015 to 19.02.2015.) 1. The petitioner seeks for a direction to the respondents 1 to 3 to facilitate the worship of deity, during Sivarathiri poojas to be held on 17.02.2015 to 19.02.2015. 2. Today we are in the month of December 2016. Thus, the prayer in this writ petition has become infructuous and accordingly, this writ petition is dismissed as infructuous. No costs....
The Managing Director, Tamil Nadu State Transport Corporation, Sivagan ...
Court: Chennai Madurai
Decided on: Dec-07-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.143 of 2007, dated 01.03.2016 on the file of the Motor Accident Claims Tribunal cum Principal Sub Court, Dindigul.) Judgment: 1. This Civil Miscellaneous Appeal has been preferred by the appellant- Transport Corporation against the award of Rs.2,41,000/- (Rupees Two Lakhs Forty One Thousand only) as compensation to the respondent/claimant, who sustained injuries while travelling in the bus belonging to the appellant- Transport Corporation on 30.01.2007. 2. The case of the appellant-Transport Corporation is that the respondent was travelling in the bus belonging to the appellant-Transport Corporation negligently by extending his hand outside, which got fractured when the bus tried to overtake a car which was parked on the left hand side and in that process, the hand of the respondent/claimant which was extended outside, got hurt and therefore, there was no neglig...
The Government of Tamil Nadu rep. By its Secretary Department of Schoo ...
Court: Chennai
Decided on: Dec-07-2016
(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 21/10/2009 made in W.P.No.19225 of 2009.) S. Manikumar, J. 1. In W.P.No.19225 of 2009, the first respondent herein has sought for a writ of certiorarified mandamus, to quash the order, dated 31/7/2006 of the District Educational Officer, Chengalpattu, and consequently prayed for a direction, to the respondents therein, to accord approval, to the appointment of the first respondent herein, as Library Record Clerk in St. Mary's Girls' Higher Secondary School, Kancheepuram High Road, Natham, Chengalpattu 603 002, with effect from 9/2/2006, with all attendant benefits. 2. Before the writ Court, opposing the prayer sought for, the appellants herein have filed a counter affidavit stating that St. Marys Girls' Higher Secondary School is a minority institution, subject to the approval of the District Educational Officer. It is further stated that the Government have laid down a policy decision that vacant posts...