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Chennai Court August 2016 Judgments

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Aug 09 2016

Sree Maruthi Marine Industries Ltd. Vs. M/s. Oriental Insurance Co.Ltd ...

Court: Chennai

Decided on: Aug-09-2016

(Prayer: Original Side Appeal under Clause 15 of the Letters Patent read with Order XXXVI Rule 1 of Original Side Rules against the Order, dated 05.03.2001 made in C.S.No.1601 of 1993.) P. Kalaiyarasan, J. 1. This Original Side Appeal is directed against the Judgment and Decree, dated 05.03.2001, dismissing the suit passed by the learned single Judge in C.S.No.1601 of 1993. 2. The plaintiff is the appellant herein. The averments in the plaint are as follows : (i) The Development Officer of the defendant, one Mr.T.M.Venkatesh approached the plaintiff company offering to effect insurance of their salt works at Tiruporur. He offered to insure the risk for a premium of Rs.19,960/-. Accepting the offer, the plaintiff, by its letter, dated 04.05.1990- sent two cheque aggregating to Rs.19,950/- with a letter addressed to the policy issuing office branch. The defendant received the cheques and acknowledged on 04.05.1990 itself. The plaintiff has informed that the cover note would be issued, as...


Aug 09 2016

P. Venkatesh Vs. The Registrar Central Administrative Tribunal High Co ...

Court: Chennai

Decided on: Aug-09-2016

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus, call for the entire records relating to the O.A.No.183 of 2012 and quash the impugned order passed by the 1st respondent, the Central Administrative Tribunal, Chennai Bench in order dated 30.4.2013 in O.A.No.183 of 2012 and direct the 2nd and 3rd respondents to follow the earlier order passed by the Central Administrative Tribunal, Chennai Bench in O.A.No.1389 of 2010 dated 10.3.2011 to provide compassionate grounds appointment to the petitioner. A. Selvam, J. 1. This writ petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the order dated 30.4.2013 passed in Original Application No.183 of 2012 by the Central Administrative Tribunal, Madras Bench and to quash the same. 2. The petitioner herein, as an applicant, has filed Original Application No.183 of 2012 on the file of the ...


Aug 09 2016

J. Kapoor Chand Vs. Balu, Inspector, No.1/472, Kadambathur, Thiruvallu ...

Court: Chennai

Decided on: Aug-09-2016

(Prayer: Contempt Petition filed under Sections 11 of the Contempt of Courts Act 1971, to punish the respondent for violation and non-compliance of the order dated 10.08.2015 in Crl.O.P.No.14400 of 2015.) 1. This contempt petition has been filed to punish the respondent for willful disobedience of the order passed in Crl.O.P.No.14400 of 2015 dated 10.08.2015. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the respondent. 3. Today, Mr.Mani, SSI, Thiruvallur District, Thiruvallur, is present before this Court. 4. The learned Additional Public Prosecutor, On instruction, submitted that the respondent police have registered a regular case in Crime No.207 of 2015 on 27.11.2015 for offences under Sections 384, 387, 506(ii) IPC. 5. Recording the submission made by the learned Additional Public Prosecutor, the contempt petition is closed....


Aug 09 2016

Kandasamy Vs. The Special Tahsildar, Civil Supply Department/Taluk Sup ...

Court: Chennai Madurai

Decided on: Aug-09-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to remove the Petitioner's divorced first wife's name Amirthavalli from the Petitioner's Family Card No.26/G/0020544 and to include the Petitioner's second wife's name Ramalakshmi in the Family Card.) 1. Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. No counter is filed on behalf of the Respondent. 4. According to the Petitioner, he belongs to Hindu Pallan Community(Scheduled Caste) and he married one Amirthavalli, daughter of Gurusamy, a resident of Burma Colony, Sivakasi, Virudhunagar District in the year 2001. After marriage, there was no issues between them and also there arose a difference of opinion and finally, on 13.2.2005 they got separated in the presence of both sides family members as well as their village heads and as per their customs. In respect of this customa...


Aug 08 2016

K. Nagarajan Vs. The Appellate Authority/Principal Secretary and Commi ...

Court: Chennai Madurai

Decided on: Aug-08-2016

(Prayer: Miscellaneous Petition filed to recall the order dated 20.07.2016 passed in W.A.No.25 of 2015 and dispose of the Writ Appeal on merits.) Sanjay Kishan Kaul, CJ. 1. We had taken up this matter in the pre-lunch session and cautioned the learned Senior Counsel and the counsel now appearing in the matter of the consequences of such an endeavour, but in the post-lunch session, it is stated that the appellant was present and the instructions was to press this miscellaneous petition. 2. The appellant / petitioner filed W.P.No.20789 of 2013 against the orders of the Appellate Authority and the Licensing Authority declining his request to grant 'C' Form licence for Solai Hall Cinema Theatre. The appellant / petitioner sought to make out a case that the owners of the property had borrowed a sum of Rs.40 lakhs from him and since they were unable to repay the money, he along with his wife and as Power Agent of his sons, executed the agreement labelled as a 'Varthamana Agreement' dated 01....


Aug 08 2016

L.V.K. Properties Private Limited represented by its Managing Director ...

Court: Chennai

Decided on: Aug-08-2016

(Prayer: Appeal under Clause 15 of the Letters Patent, against the order dated 05.11.2013 made in W.P.No.29881 of 2013.) Huluvadi G.Ramesh, J. 1. This appeal is against the order of the learned single Judge dismissing the writ petition filed by the appellants/writ petitioners for a mandamus forbearing the respondents, their men, servants, representatives, agents or employees or any other person acting for or on behalf of the respondents from interfering with the enjoyment and peaceful possession of the petitioners and/or persons claiming through or under it of the land admeasuring 1812 sq.ft., (19505 sq.ft.approx.) situated at Door Nos.343, 346 and 347, Anna Salai and Door Nos.6, 6A, 7 and 8, Fana Street, Nandanam including by taking any steps towards commencement of the tunnelling process in or beneath the said property and/or adjacent to the said property or in any manner interfering with the petitioners right or interest in the said property, without following the due process of law...


Aug 08 2016

A. Villava Rayan Vs. The State Human Rights Commission, Rep. By its Se ...

Court: Chennai Madurai

Decided on: Aug-08-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent herein to consider and pass orders on the petitioner's representation dated 23.01.2016 seeking to conduct the enquiry and pass orders as per the 1st respondent's order dated 02.12.2014 in SHRC Case No. 7598 of 2014.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. No counter is filed on behalf of the respondents. 4. According to the petitioner, the first respondent/State Human Rights Commission in SHRC Case No.7598 of 2014, on 02.12.2014, had directed the second respondent/District Collector, Tirunelveli, to enquire into the matter and take necessary action. The grievance of the petitioner is that his original RC book was kept in Bank and he approached the Revenue Divisional Officer, Cheranmahadevi with attested copy of RC Book, Notary's letter along with Rs.15,000/-. But the Revenue Divisional Off...


Aug 08 2016

R. Thiyagarajan Constable GD/No.994850540 CISF Unit, 4 NDRF BN Suraksh ...

Court: Chennai

Decided on: Aug-08-2016

(Prayer: Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus to direct the respondents to pass orders on the representation of the petitioner dated 20.07.2011 and to pay deputation duty allowance and special allowance with effect from 18.04.2008 together with interest.) 1. The petitioner joined as Constable on 01.08.1999 in the Central Industrial Security Force (in short CISF) and completed the basic training for 9 months at Arakkonam , Tamil Nadu. According to the petitioner, he served all over India upto 17.04.2008 including hard and difficult area. While so, on 18.04.2008, the petitioner was transferred to the National Disaster Response Force Battalion under the fifth respondent and such order was passed without the consent of the petitioner. As per the Disaster Management Act, 2005 and National Disaster Response Force Rules 2008, the petitioner is entitled to deputation (duty) allowance and Special allowance or other appropriate allowance on...


Aug 08 2016

J. Mohamed Ibrahim Vs. The Director of Town Panchayat Kuralagam, Chenn ...

Court: Chennai Madurai

Decided on: Aug-08-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF MANDAMUS to direct the first respondent to issue No Objection Certificate to the petitioner for performing his religious duty of Haj Pilgrimage from 3.9.2016 to 17.09.2016 forthwith as per the representation of the petitioner dated 25.05.2016.) 1. Mr.J.Mohamed Ibrahim, who is serving as Record Clerk under first respondent herein/Directorate of Town Panchayat from 21.03.1994, has been given promotion to the post of Executive Officer, Grade - I in Adigaratty Town Panchayat, Nilgiris District, the third respondent herein. He has decided to go on Pilgrimage. Therefore, he has made a request on 04.04.2016 to the first respondent. The third respondent has also given No Objection Certificate permitting him to perform his religious obligation for Pilgrimage (Umrah). But the permission could not be granted before the commencement of Umrah in June 2016. Although the first respondent has made...


Aug 08 2016

Om Enterprises, Rep. By Proprietor, G. Ganapathy Subramanian Vs. The C ...

Court: Chennai Madurai

Decided on: Aug-08-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records relating to show cause notice RC No.406C/2008 dated 30.09.2015 issued by the 2nd respondent and quash the same as illegal.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. No counter is filed on behalf of the respondent Nos.1 and 2. 4. It comes to be known that the petitioner/firm was issued with a show-cause notice dated 30.09.2015, by the second respondent/Branch Manager, Tamil Nadu Small Industries Development Corporation Limited, Trichy (in respect of the plot cost being not paid) and in and by which, a request was made to the petitioner to show cause why the allotment of plot No.26 of Industrial Estate, Pudukkottai, (SIPCOT) made in its favour should not be cancelled, as per condition No.3 of the allotment order. Further, the petitioner was required to furnish its reply to the show-cause notice w...


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