Chennai Court December 2016 Judgments
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Balamurugan Vs. The Director of Fisheries, Teynampet, Chennai and Othe ...
Court: Chennai Madurai
Decided on: Dec-05-2016
(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 pertaining to the order passed by the respondent No.2 in Na.Ka.No.1157/Aa/2012, dated 22.06.2015, quash the same and consequently, direct the respondent No.2 to recall the final tender order from the respondent No.3 and issue the final tender order to the petitioner for the Porunthal Nadukulam Tank.) Order: K. Ravichandrabaabu, J. 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In view of the endorsement made by the learned counsel appearing for the petitioner, this writ petition is dismissed as withdrawn.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....
Yadhava Community Trust of Edatheru, Chidambaram, Rep. by its Trustees ...
Court: Chennai
Decided on: Dec-05-2016
(Prayer: This Appeal has been filed against the Judgment and decree dated 29.11.2005 passed in O.S.No.23 of 2004 on the file of the learned Additional District Judge, (Fast Track Court No.I), Cuddalore at Chidambaram.) 1. The plaintiffs in O.S.No.23 of 2004 on the file of the learned Additional District Judge, (Fast Track Court No.I), Cuddalore at Chidambaram are the appellants. The said suit was filed by the plaintiffs seeking declaration of the title of the plaintiffs; directing the defendants to deliver vacant possession, for mandatory injunction directing the defendants to remove the superstructure if any, raised by them, and for a permanent injunction restraining the defendants, their men or agents or persons claiming under them, from in any way raising construction in the suit property. 2. According to the plaintiffs, the suit property belongs to the plaintiff's Trust, which had been declared under a Deed dated 14.04.1920 styled as a deed of declaration of the trust. According to...
R. Saravana Sundaravel Vs. The Union of India, by its Secretary, Minis ...
Court: Chennai Madurai
Decided on: Dec-05-2016
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondent No.3 to provide Driving License for the Light Motor Vehicle to the petitioner within the time period stipulated by this Hon'ble High Court. 1. The prayer in the writ petition is for a Writ of Mandamus, directing the Respondent No.3 to provide Driving Licence for the Light Motor Vehicle to the petitioner within the time period stipulated by this Court. 2. The petitioner on 17.02.1990 met with an accident, with a result he got damage in his right hand, consequent of which his permanent disability was fixed by the medical authority concerned at 40%. Thereafter, he wanted to get driving licence to drive LMV vehicles, for which he applied on 18.10.2013 and the same was rejected by the 3rd respondent stating that since the right hand of the petitioner got damaged due to the accident, he could not show any signal and hence, his application was rejected. In ...
Bhavani Vs. Sivakozhundu and Others
Court: Chennai
Decided on: Dec-05-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 01.07.2010 passed in A.S.No.8 of 2010 on the file of the Court of the Subordinate Judge, Maduranthagam, reversing the judgment and decree dated 08.09.2009 passed in O.S.No.174 of 2006 on the file of the Court of the District Munsif, Maduranthagam.) 1. The first defendant in this second appeal has challenged the judgment and decree dated 01.07.2010 made in A.S.No.8 of 2010 on the file of the Subordinate Court, Maduranthagam, reversing the judgment and decree dated 08.09.2009 made in O.S.No.174 of 2006 on the file of the District Munsif Court, Maduranthagam. 2. The suit has been laid by the plaintiff for permanent injunction. 3. The second appeal has been admitted and the following substantial questions of law are formulated for consideration in this second appeal. i Whether the lower Appellate Court is correct in finding that defendants have not proved their case when as per ...
Chithakkal and Others Vs. Maria Thanga Pushpam and Others
Court: Chennai Madurai
Decided on: Dec-05-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 12.03.2007 made in M.C.O.P.No.729 of 2005, dated 13.2.2007, on the file of the Motor Accident Claims Tribunal,II Additional District Judge, Tirunelveli.) 1. The Claimants are aggrieved over the compensation of Rs.3,19,800/- for the death of the deceased, who is the husband of the first appellant, who died in the accident occurred on 11.05.2005, when he was carrying fish in the mini lorry, which was driven by its driver in a rash and negligent manner, leading to capsizing and resulting in the death of the deceased. Therefore, the claimants preferred the claim petition. 2. On contest, the Tribunal found that the vehicle in question was driven rash and negligently and hence, the Tribunal awarded a sum of Rs.3,19,800/-. The Insurance Company has not preferred any appeal regarding negligence and liability and therefore the question posed before this Court is only...
P. Chinnappa Pillai (deceased) and Others Vs. V. Rukmani and Another
Court: Chennai
Decided on: Dec-05-2016
(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree as made in A.S.No.348 of 1994 dated 09.10.1995 on the file of the District Court, Nagapattinam reversing the judgment and decree made in O.S.No.528 of 1993 dated on the file of the District Munsif Court, Tiruvarur. Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree as made in A.S.No.357 of 1994 dated 09.10.1995 on the file of the District Judge, Nagapattinam reversing the judgment and decree made in O.S.No.142 of 1994 dated 29.07.1994 on the file of the District Munsif, Tiruvarur.) Common Judgment: 1. Challenging the judgment of District Judge, Nagapattinam, passed in A.S.Nos.348 and 357 of 1994 dated 09.10.1995, the second appeals have been filed. 2. The plaintiff is the appellant in both the appeals. The brief facts involved in these appeals are as under. 3. The suit O.S.No.528 of 1993 the schedule property with a larger e...
Mynavathy Vs. Kalaivani
Court: Chennai
Decided on: Dec-05-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the impugned order dated 24.09.2012 in I.A.No.584 of 2012 in O.S.No.18 of 2006, on the file of the District Munsif Court, Thiruvottiyur.) 1. The defendant is the civil revision petitioner before this Court. Challenging the order passed in I.A.No.584 of 2012 in O.S.No.18 of 2006, dated 24.09.2012, on the file of the District Munsif Court, Thiruvotriyur. 2. The respondent/plaintiff has filed the suit in O.S.No.18 of 2006, against this petitioner/defendant for declaration declaring the title of the suit schedule of property with further direction to the defendant to deliver vacant possession of the property to the plaintiff. 3. In the said suit, this petitioner/defendant also filed his written statement and thereafter the case was adjourned on various occasions and finally the case was posted on 18.03.2010. 4. The petitioner/defendant further states that She has also engaged an Advocate, wh...
The Chief Educational Officer Villupuram, Villupuram District Vs. P. K ...
Court: Chennai
Decided on: Dec-05-2016
(Prayer: Writ Appeal filed under clause 15 of the Letters Patent against the order of the writ court dated 16.09.2009 made in W.P.No.11623 of 2007.) S. Manikumar, J. 1. Challenge in this writ appeal is to an order dated 16.09.2009 made in W.P.No.11623 of 2007, by which, the writ court, quashed the order dated 02.06.2001 of the Chief Educational Officer, Villupuram, Villupuram District and consequently, directed him to fix the pay of the respondent, on par with that of his junior Mr.E.Elumalai and grant all consequential benefits. 2. Facts leading to the writ appeal are that the respondent was initially appointed as Secondary Grade teacher on 05.11.1982 in Cuddalore District. While he was working as Secondary Grade Teacher in Government Girls Higher Secondary School, Manalurpet, Villupuram, he was promoted as Tamil Pandit in 1998. He was allowed one incentive increment (two advance increments) with effect from 29.09.1991 for acquiring B.Ed., qualification. He was also allowed one more i...
The Principal Chief Conservator of Forests, Chennai and Others Vs. K. ...
Court: Chennai
Decided on: Dec-05-2016
S. Manikumar, J. 1. Pending writ appeal, Mr.K.Nagarajan, sole respondent died. Vide order dated 20.11.2013 in M.P.Nos.1 to 3 of 2013, respondents 2 to 8 have been brought on record as legal representatives of sole respondent. 2. Challenge in this writ appeal is to an order made in W.P.No.8695 of 2006 (T) (O.A.No.5732 of 2002) dated 15.10.2009, by which, the writ Court, while setting aside the proceedings dated 30.09.2002 of the District Forest Officer, Dharmapuri and the order dated 20.02.2003 passed by the Secretary to Government for Environment and Forest Department Chennai, appellants 3 and 4 respectively, has directed the appellants/respondents to regularise the services of Mr.K.Nagarajan (since deceased) as Forest Guard, from 01.08.1977 to 16.04.1995 and to grant him notional benefits for the said period and also to promote him notionally to higher posts from the date on which his immediate juniors were promoted and to grant him notional benefits thereon. 3. Short facts leading to...
P. Sudhagar Vs. The District Revenue Officer, Kanyakumari District and ...
Court: Chennai Madurai
Decided on: Dec-05-2016
(Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent to release the Lorry bearing Registration No.TDD-1357 seized by the second respondent on 28.07.2016, to the petitioner.) Order: K. Ravichandrabaabu, J. 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....
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