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Chennai Court December 2016 Judgments

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Dec 02 2016

M/s. P.M. Granites, Rep by its Managing Partner A. Prabhu, Madurai Dis ...

Court: Chennai Madurai

Decided on: Dec-02-2016

(Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of the 1st respondent G.O. bearing G.O.(D)No.61 Industries (MMB-2) Department dated 11.04.2016 pertaining to the petitioner's Patta land granite quarry measuring 1.71.5 hectares comprised in S.Nos.39/1B and 49/1B1 situated in V. PUDUKKOTTAI Village Vedasandur Taluk Dindigul District and quash the same.) Challenging the order passed by the first respondent in G.O.(D)No.61, Industries (MMB-2) Department, dated 11.04.2016 cancelling the petitioner's lease, the present writ petition has been filed. 2. Heard Mr.K.Ramakrishna Reddy, learned counsel appearing for the petitioner and Mr.B.Pugalendhi, learned Additional Advocate General appearing for the respondents. 3. The case of the petitioner, in brief, is as follows:- The petitioner was granted with quarry lease to quarry granite in respect of the petitioner's lease hold patta lands measuring 1.71.5 hectares c...


Dec 02 2016

M/s. United India Insurance Co. Ltd. Arcot Road, Saligramam, Chennai V ...

Court: Chennai

Decided on: Dec-02-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 18.12.2015 made in M.A.C.T.O.P. No.927/2014 on the file of the Motor Accidents Claims Tribunal, (Additional District Judge-II), Poonamallee.) 1. The United India Insurance Company Limited has filed the present Civil Miscellaneous Appeal, challenging the correctness of the impugned award dated 18.12.2015 made in M.A.C.T.O.P. No.927/2014 on the file of the Motor Accidents Claims Tribunal, (Additional District Judge-II), Poonamallee, awarding a sum of Rs.28,20,900/- as total compensation under various heads as against the claim of Rs.35,00,000/- for the loss of life of the bread winner of the family. 2. According to the claimants, on 16-08-2014 at about 08.30 hours, when the deceased was riding a motor cycle bearing Reg. No.TN-22-T-5973, from North to South on Poonamallee Bye-Pass Road at the junction of Parivakkam Signal, a lorry bearing Registration No.TN-33-AF-2...


Dec 02 2016

The Managing Director, Tamil Nadu State Transport Corporation Division ...

Court: Chennai Madurai

Decided on: Dec-02-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow the appeal and set aside the judgment and decree dated 08.03.2013, passed in M.C.O.P.No.752 of 2012, on the file of Motor Accidents Claims Tribunal, Additional District and Sessions Court / Special Court, Thanjavur.) 1. This Civil Miscellaneous Appeal has been filed toset aside the judgment and decree dated 08.03.2013, passed in M.C.O.P.No.752 of 2012, on the file of Motor Accidents Claims Tribunal, Additional District and Sessions Court / Special Court, Thanjavur. 2. Heard the learned counsel for the appellant and perused the materials available on record. 3. It is a case of injury caused on account of an accident took place on 05.06.2011, around 9.30 p.m. near Thanjavur- Nagapattinam main road. The injured/claimant filed an application seeking compensation before the Motor Accident Claims Tribunal, Additional District and Sessions Court / Special Court, Thanjavur, in M.C.O.P.752 of 2...


Dec 02 2016

The Managing Director, Tamil Nadu State Transport Corporation, Kumbako ...

Court: Chennai Madurai

Decided on: Dec-02-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in M.C.O.P.No.97 of 2009, dated 11.05.2012, on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Thanjavur @ Kumbakonam.) 1. This Civil Miscellaneous Appeal has been filed to set aside the judgment and decree made in M.C.O.P.No.97 of 2009, dated 11.05.2012, on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Thanjavur @ Kumbakonam. 2. The present case is a case of fatal accident took place on 02.09.2006, around 3.30 p.m. near Noor Nagar on Kurichi-Kumbakonam Road. The legal heirs of the deceased filed a claim petition before the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Thanjavur @ Kumbakonam, in M.C.O.P.No.97 of 2009 and the Tribunal, considering the facts and circumstances, awarded a sum of Rs.4,60,800/- as total compensation. Challenging the same, the appellant Transport Co...


Dec 02 2016

S. Dhanalakshmi Vs. The Government of Tamilnadu, rep. by its District ...

Court: Chennai Madurai

Decided on: Dec-02-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent pertaining to the proceedings in Va.Va.Sa (Miscellaneous) 1/06 dated 29.06.2007 in so far as the petitioner concerned and quash the same.) 1. The writ petition has been filed for issuance of Writ of Certiorarified Mandamus calling for the proceedings in Va.Va.Sa (Miscellaneous) 1/2006 dated 29.06.2007 of the 2nd respondent and quash the same. 2. The case of the petitioner is that earlier she runs a match factory in the name and style of Shankar match works. As against the petitioner the Inspector of factories, Sivakasi filed a summary trial case No. 12459 of 1999 before the learned Additional District Judge Cum Chief Judicial Magistrate, Srivilliputhur. The case was filed as the petitioner engaged Child Labour, in her factory. The case was registered under section 67 of the factories Act and section 14(1) r/w ...


Dec 02 2016

The Managing Director, Tamil Nadu State Transport Corporation, Kumbako ...

Court: Chennai Madurai

Decided on: Dec-02-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow this appeal and set aside the judgment and decree, dated 31.01.2014, passed in M.C.O.P.No.116 of 2010, on the file of the Motor Accidents Claims Tribunal/Subordinate Court, Devakkottai.) 1. This Civil Miscellaneous Appeal has been filed to set aside the judgment and decree, dated 31.01.2014, passed in M.C.O.P.No.116 of 2010, on the file of the Motor Accidents Claims Tribunal/Subordinate Court, Devakkottai. 2. It is a case of fatal accident occurred on account of the accident took place on 23.02.2010, around 01.25 p.m. near Thiruvadanai Taluk, Thondi Chekpost. The legal heirs of the deceased filed an application seeking compensation in M.C.O.P.116 of 2010 before the Motor Accidents Claims Tribunal/Subordinate Court, Devakkottai and the Tribunal, considering the facts and circumstances of the case, granted a sum of Rs.7,07,000/- as total compensation. Challenging the same, the appellant,...


Dec 02 2016

M. Subramanian Vs. The District Revenue Officer, Trichy and Others

Court: Chennai Madurai

Decided on: Dec-02-2016

(Prayer in W.P(MD)No.16867 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 2nd respondent in Ma.No.P.28/2011 (Trichy) M.P.No.46 of 2011, dated 21.11.2011 and quash the same. Prayer in W.P(MD)No.16868 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fourth respondent to dispose of the application pending before him in T.R.No.2 of 2000 within a time frame to be fixed by this Court.Prayer in W.P(MD)No.19223 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records of the third respondent dated 16.09.2016 vide proceedings in Na.Ka.No.A5/1917/2016 and quash the same.) Common Order: Since the issue involved in all these writ petitions is common, they are disposed of by this common order. 2. Hea...


Dec 02 2016

Punithan and Another Vs. Michael George and Another

Court: Chennai Madurai

Decided on: Dec-02-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to call for the records pertaining to the docket order passed in I.A.No.155 of 2016 in A.S.No.17 of 2016, dated 7.10.2016, on the file of the District Judge, Kanyakumari District at Nagercoil.) 1. This revision has been filed seeking for a direction to call for the records pertaining to the docket order passed in I.A.No.155 of 2016 in A.S.No.17 of 2016, dated 7.10.2016, on the file of the District Judge, Kanyakumari District at Nagercoil. 2. According to the Petitioners, the first respondent herein filed a suit in O.S.No.3 of 2009 before the Sub-Court, Nagercoil against one Rajarathinam and others and thereafter the Lrs of Rajarathinam was impleaded as defendants 4 and 5 and they were impleaded as a party in the suit. The Petitioner has filed a counter claim in the said suit. After contest, the second Additional Sub-Court, Nagercoil dismissed the suit filed by the first respondent ...


Dec 02 2016

K. Subramanian Vs. Secretary to Government, Co-operation Food and Cons ...

Court: Chennai Madurai

Decided on: Dec-02-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records in the impugned order, dated 30.11.2010, in G.O.D.No.549 passed by the first respondent and quash the same.) 1. Challenging the impugned order, dated 30.11.2010, in G.O.D.No.549, dated 30.11.2010, passed by the first respondent, the present writ petition has been filed. 2. The petitioner was appointed as Junior Inspector of Cooperative Societies, Tanjore, on 6.12.1985 through Tamil Nadu Public Service Commission. On 1.7.1998, he was promoted as Senior Inspector. After dissolution of Cooperative Societies, based on the Policy decision of the Government, the petitioner was appointed as Additional Charge of Special Officer at Tiruvarur. Since there were 20 Fair Price Shops under his control, with a view to avoid any absence of employee, it seems that the petitioner exercising his power as Special Officer was appointed one Ravindran on daily wage basis of Rs.35/...


Dec 02 2016

Neela B. Sampath and Others Vs. The Commissioner, Corporation of Chenn ...

Court: Chennai

Decided on: Dec-02-2016

(Prayer: In W.P.No.42463 of 2016: Writ Petition has been filed under Article 226 of the Constitution of India to issue Writ of Certiorari to call for the records relating to the impugned revised Assessment Order No. M/05/057/15-16/1148, dated 20.02.2016, on the file of the third respondent, and to quash the same and consequently direct the respondents to levy the property tax of Rs.46,410/-, from 1/2009-10 as paid by the petitioner regularly. In W.P.No.42471 of 2016: Writ Petition has been filed under Article 226 of the Constitution of India to issue Writ of Certiorari to call for the records relating to the impugned revised Assessment Order No. M/05/077/16-17/0217, dated 09.06.2016, on the file of the third respondent, and to quash the same and consequently direct the respondents to levy the property tax of Rs.1,98,875/- from second half of 2008-09, as paid by the petitioner regularly. In W.P.No.42472 of 2016: Writ Petition has been filed under Article 226 of the Constitution of India...



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