Chennai Court December 2016 Judgments
A. Mohamed Sherif Sait Vs. State Rep. by its Secretary, Chennai and Ot ...
Court: Chennai Madurai
Decided on: Dec-22-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 2 to pay the adequate compensation of Rs.5,00,000/- to the petitioner for caused mental agony and Economy loss to the petitioner's profession by the fourth respondent and recover the same from him if so they advised.) 1. The petitioner seeks for payment of compensation of Rs.5,00,000/- by way of damages from the respondents 1 and 2 due to the mental agony and economic loss caused by the fourth respondent, who has been arrayed in his individual capacity. 2. Considering the nature of the grievance and the allegation made in the affidavit filed in support of the writ petition, this Court is of the view that the petitioner has to only approach the competent civil Court by filing an appropriate suit, if he has any justifiable claim against these respondents, as it is for the petitioner to establish all those contentions by letting in evidence. Hen...
Tag this Judgment!M. Lakshmi Vs. The Tahsildar, Mudukulathur Taluk Office, Mudukulathur ...
Court: Chennai Madurai
Decided on: Dec-22-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to measure the land and fix the four boundaries by the second respondent in S.No.89/1B, measuring an extent of 1.52.5 hectares in Keelathooval Village, Mudukulathur Taluk, Ramanathapuram District based on the Petitioner's application dated 27.09.2016 to the first respondent, within the time stipulated by this Court.) 1. The Petitioner seeks for a direction to the first respondent to measure the land and fix the four boundaries by the second respondent in S.No.89/1B, measuring an extent of 1.52.5 hectares in Keelathooval Village, Mudukulathur Taluk, Ramanathapuram District based on the Petitioner's application dated 27.09.2016 to the first respondent, within the time stipulated by this Court. 2. Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. 3. By consent of both parties, the main Writ Petit...
Tag this Judgment!S. Prabaharan Vs. The Registrar, Manonmaniam Sundaranar University, Ti ...
Court: Chennai Madurai
Decided on: Dec-22-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents more particularly the 1st respondent to grant approval for the petitioner to continue his studies of 2nd year B.B.A (Business Administration) course during the academic year 2016-2017 in the 3rd respondent college on the application of the 3rd respondent.) 1. The petitioner seeks for a Mandamus directing the respondents, more particularly, the first respondent to grant approval for him to continue his studies of 2nd year B.B.A (Business Administration) course during the academic year 2016-2017 in the 3rd respondent college on the application of the 3rd respondent. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first and second respondent and the learned counsel appearing for the third respondent. 3. The petitioner was originally pursuing his studies at S.T.Hindu College, Nagercoil, in B.B.A., course dur...
Tag this Judgment!Mohamad Irfan Vs. Velukannan
Court: Chennai
Decided on: Dec-22-2016
(Prayer: Appeal filed under Section 378(4) of the Criminal Procedure Code, against the Judgment of the Learned Fast Track Court Magisterial Level, Alandur at Chennai dated 04.12.2013 in C.C.No.76 of 2013.) 1. The Appellant/Complainant has preferred the instant Criminal Appeal as against the Judgment dated 04.12.2013 in C.C.No.76 of 2013 passed by the Learned Judicial Magistrate, Fast Track Court, Alandur. 2. The Learned Judicial Magistrate, Alandur, while passing the impugned Judgment in C.C.No.76 of 2013 on 04.12.2013, at paragraph 16, had, among other things, observed the following: '... In the present case there is a technical defect in the legal demand notice that defect cannot be cured u/s 138 Negotiable Instrument Act issuance of notice to the drawer is the pre-requisite condition before exercising the right to lodge the complaint for suing the said drawer of the cheque for dishonour. It means this right is based upon the principle of Audi Alterans Partem the payee is not expecte...
Tag this Judgment!S. Arumaidas Vs. The Secretary to Government, Home Department and Othe ...
Court: Chennai Madurai
Decided on: Dec-22-2016
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order dated 26.08.2013 made in W.P.(MD)No.13150 of 2013.) M.V. Muralidaran, J. 1. Challenging the order passed by the learned Single Judge in W.P.No.13150 of 2013, dated 26.08.2013, the third party / appellant has filed this Writ Appeal. 2. Originally the 4th respondent herein Mr.P.Pallikonda Perumal, who is a writ petitioner in W.P.No.13150 of 2013 has filed the above writ petition for issuing a Writ of Mandamus to direct the Respondents 1 to 3 to record the name of the Village of the Petitioner as Chidambarapuram Panchayat in respect of Ward No.1 and 2 of Chidambarapuram-Jacobpuram Panchayat in Aadhar Card enrolment. The 4th respondent, who is the writ petitioner, belongs to the Chidambarapuram has filed this writ petition in W.P.No.13150 of 2013. 3. Considering their case, this Court by order dated 26.08.2013 passed the following order: 7. In view of that, it is clear that the petitioner's village consisting of...
Tag this Judgment!The Special Tahsildar (L.A), Tamil University, Thanjavur Vs. Thamas Ud ...
Court: Chennai Madurai
Decided on: Dec-22-2016
(Prayer: Appeal Suit filed under Section 54 of the Land Acquisition Act, praying to set aside the judgment and decree made in L.A.O.P.No.125 / 1996 dated 26.10.2004 on the file of the Additional Sub Court, Thanjavur.) 1. This appeal has been filed by the Referring Officer / Land Acquisition Officer who had been specially designated for the purpose of acquiring the land for Tamil University, Thanjavur. It is not in dispute that vast extent of lands were acquired in Nilagiri Therkkuthottam Village and Pillayarpatti Village in Thanjavur Taluk for establishing Tamil University at Thanjavur. The notification under Section 4(1) was issued on 27.01.1982. The land belonging to the respondents, measuring an extent of 4.55 acres in Survey No.201A-8 in Pillayarpatti Village was also acquired. Though the Special Land Acquisition Officer / appellant fixed market value at Rs.3,600/- per acre, the Tribunal, pursuant to reference under Section 18 of the Act enhanced the compensation from Rs.3,600/- pe...
Tag this Judgment!Arthur Selvakumar Vs. The District Collector, Tirunelveli and Others
Court: Chennai Madurai
Decided on: Dec-22-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to cancel the order dated 03.08.2008 passed by the respondent based upon the decree in O.S.No.7 of 2001, since the said decree was set aside in O.S.No.304 of 2006, on the file of Additional District Munsif Court, Valliyoor by considering the petitioner s representation dated 24.01.2014 and consequently directing the respondent to pass order to issue house tax and water tax receipts in Ward No.2 of Chidambarapuram-Jacobpuram Panchayat in the name of Jacobpuram.) M.V. Muralidaran, J. 1. The writ petitioner one Mr.Arthur Selvakumar, who belongs to Jacobpuram has filed this writ petition seeking the prayer to issue a Writ of Mandamus, directing the respondent to cancel the order dated 03.08.2008 passed by the respondent based upon the decree in O.S.No.7 of 2001, since the said decree was set aside in O.S.No.304 of 2006, on the file of Additional Di...
Tag this Judgment!P. Sudalaimuthu Vs. Union Bank of India (A Govt. of India Undertaking) ...
Court: Chennai
Decided on: Dec-22-2016
S. Vaidyanathan, J. 1. Aggrieved by the dismissal order dated 04.06.2014 passed by the learned Single Judge in W.P. No. 10097 of 2011, the writ petitioner has come up with this Appeal seeking to set aside the said order passed against him and to secure employment in the 1st respondent/Bank. 2. According to the appellant/writ petitioner, the 1st respondent/Bank invited applications for the post of part-time House Keeper, by an advertisement dated 11.06.2008 and the appellant, in response to the same, applied on 23.06.2008 along with requisite particulars. The minimum educational qualification for the post of a House Keeper was a Second standard pass or Eighth standard fail. The petitioner, belonging to Hindu Kuravan community, a Scheduled v. Caste, who has passed Eighth standard, enclosing copies of his Community Certificate and School Certificate along with his application, applied for the said post mentioning that he had passed only Fifth standard. 3. After the selection process was o...
Tag this Judgment!R. Perumalswamy Vs. W.S. Industries (India) Ltd. Mount-Poonamallee Roa ...
Court: Chennai
Decided on: Dec-22-2016
(Prayer: Appeal under Clause 15 of the Letters Patent filed against the order dated 30.8.2016 made in W.P.No.1453 of 2016.) Huluvadi G.Ramesh, J. 1. This writ appeal has been directed against the order dated 30.8.2016 made in W.P.No.1453 of 2016. 2. The appellant herein is the sixth respondent in the writ petition. The first respondent herein is the writ petitioner. The first respondent Company was incorporated under the Companies Act as W.S.Insulators of India Ltd, to manufacture Porcelain Insulators for application in Electrical High Voltage Transmission and Distribution in the year 1961. In 1962, the Government acquired 46.06 acres of land in S.Nos.25/5A, 4F, 4A, 4D, 27, 25/2, 5B, 4G, 26, 25/4H, 70/1A1, 70/1A2, 73/2, 77, 25/4I, 28/2, 25/3A, 25/4E and 25/4C2 at Porur Village, Saidapet Taluk, the then Chengalpattu District, under the Land Acquisition after following due procedure under the Land Acquisition Central Act, 1894 and assigned it in favour of the first respondent by way of A...
Tag this Judgment!The State of Tamil Nadu, Rep. by its Secretary to Government, School E ...
Court: Chennai Madurai
Decided on: Dec-22-2016
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the interim order dated 15.12.2015, passed in M.P.(MD).No.2 of 2015 in W.P.(MD).No.22514 of 2015, by a learned Single Judge of this Court.) 1. These Appeals have been filed as against the common order, dated 15.12.2015, made in M.P.(MD).Nos.2, 2, 2, 2, 2 and 2 of 2015 in W.P.(MD).Nos.22514 to 22519 of 2015, whereby and whereunder this Court directed the 4th appellant herein to give temporary approval to the first respondent in all the appeals, who were appointed as Post Graduate Assistants and B.T. Assistant, as the case may be. 2. In the year 2011, the first respondents in W.A.(MD).Nos.183, 184, 185, 186 and 188 of 2015 were appointed as P.G. Assistants and the first respondent in W.A.(MD).No.187 of 2015 was appointed as B.T. Assistant by the Correspondent of the second respondent school, whose Correspondent-ship was approved by the fourth respondent - the District Educational Officer on 10.02.2011. In that situ...
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