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Chennai Court August 2016 Judgments

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Aug 01 2016

M/s. Jharsanya Logistics Private Limited Vs. The District Manager, Tam ...

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Review Petition filed under Section 47 Rule 1 and 2 and Section 114 of Civil Procedure Code, praying this Court to review the order of this Court passed in W.P(MD)No.111889 of 2016, dated 14.7.2016.) 1. The learned counsel for the petitioner has made an endorsement in the typed-set of papers of the Review Petition to the effect that the Review petitioner may be permitted to withdraw the Review Petition. 2. Recording the aforesaid fact and the endorsement so made, the Review Petition is dismissed as withdrawn. No costs....


Aug 01 2016

K.G. Sundaram and Others Vs. The Management of Tamil Nadu State Transp ...

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent to pay the petitioner Rs.2,50,115/- towards Leave Salary for my earned Leaves, Rs.31,675/- towards Salary for 24 days payable for the month of August 2012, Rs.1,18,782/- towards encashment of Leave on Personal Affairs and Rs.72,769/- towards balance of gratuity amount together with 18% interest per annum, along with interest amount towards delayed payment of part of the gratuity amount Rs.6,25,742/- for the period from 31.01.13 to 17.01.15 at the rate of 18% interest per annum.) 1. The petitioner was an employee of the respondent Transport Corporation. Seeking his retirement benefits, he has filed the present Writ Petition. 2. When the matter is taken up for hearing, learned Standing Counsel appearing for the respondent submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A.(MD).Nos.383 to 457 of 2015, dated ...


Aug 01 2016

M/s.Shree Raaja Rajan CBSE School Vs. State of Tamil Nadu, rep. by its ...

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari calling for the records pertaining to the impugned G.O.(MS).No. 237 Labour and Employment (K1) dated 26.11.2010 and quash the same.) 1. This writ petition has filed calling for the records pertaining to the impugned G.O.(MS).No. 237 Labour and Employment (K1) dated 26.11.2010 and quash the same. 2. When the matter is taken up for hearing, the learned counsel for the petitioner would submit that a Division Bench of the Principal Bench of this Court in W.A.No.1233 of 2011 and batch, dated 09.06.2015, has passed the following judgment: "Learned counsel for the parties state that as recorded in the order dated 05.05.2005 reported in 2005 (5) SCC 1 (State of U.P Vs Jai Bir Singh), the question of law has been referred to the Larger Bench of the Honourable Supreme Court, i.e, whether the Employees' State Insurance Act, 1948, would apply to educational institutions. Interim orders h...


Aug 01 2016

Patil Rail Infrastructure Pvt. Ltd., Rep. by its General Manager, J.D. ...

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the impugned order issued by the 3rd respondent in his proceedings no. SRO/MDU/RRC/57/20981 dated 19.07.2016 and quash the same as illegal.) 1. M/s.Patil Rail Infrastructure Pvt.Ltd., rep.by its General Manager, Mr.J.D.Prince Arumairaj, has come forward with this Writ Petition to quash the impugned order passed by the third respondent, in and by which, notice is issued to the petitioner-Company under Section 45 (C) to 45(I) of E.S.I.Act. 2. It is the case of the petitioner that pursuant to the inspection done by the respondents and allotment of ESI Code, from the year 2008 onwards, the petitioner has been regularly paying contribution to the factory employees. Inspite of this, the first respondent has passed an order on 06.10.2008, demanding a sum of Rs.2,05,936/- indicating that the petitioner- Company is liable to pay ESI contributio...


Aug 01 2016

P. Duraisamy Vs. The State rep. by the Commissioner of Police

Court: Chennai

Decided on: Aug-01-2016

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent, to immediately register the complaint dated 05.09.2014 given to the respondent and effectively investigate the matter and file final report without any delay and pass further orders.) 1. This petition has been filed seeking a direction to the respondent, to immediately register the complaint of the petitioner dated 05.09.2014 and to effectively investigate the matter and file a final report without any delay. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record. 3. On a reading of the complaint dated 05.09.2014, it is seen that this petitioner along with the deceased Jothi Viswanathan, Mr. Selvraj, Dr.A.R. Saraswathi and Mr. Venugopal, as Directors, were jointly doing business in the name of Sri Balakrishna Spinners Private Limited. It is alleged by the petitioner that the...


Aug 01 2016

Flora Machado Vs. The Director of Elementaryeducation and Others

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ Of Certiorarified Mandamus to call for the records pertaining to the Impugned Order in Na.Ka.No.4022/Aa4/09 dated -03-2010 signed on 05-03-2010 on the file of the Respondent No.2 and quash the same as illegal and consequently to restore the approval of the petitioner appointment with effect from 28-01-2008.) 1. This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order in Na.Ka.No.4022/Aa4/09 dated -03-2010 signed on 05-03-2010 on the file of respondent No.2 and quash the same as illegal and consequently to restore the approval of the petitioner's appointment with effect from 28-01-2008. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for respondent Nos.1 to 3 and perused the records. 3. Brief facts of the case in the present Writ Petition, as contended by the pe...


Aug 01 2016

Petitioner Vs. Respondent

Court: Chennai

Decided on: Aug-01-2016

Pushpa Sathyanarayana, J. 1. This application is filed by applicants / plaintiffs 2 to 7 for amendment of plaint. 2. Originally, the suit was filed by the sole plaintiff M.V.Krishna Rao (since deceased) for the relief of declaration that the registered sale deed dated 19.03.2010, bearing registration no.976 of 2010, executed by him in favour of the defendants 1 and 2, as null and void; for permanent injunction and for other reliefs. Pending suit, the original plaintiff died on 21.12.2010. The third defendant sought for impleadment of himself on the basis of a testamentary document, being the alleged last will of the deceased, dated 24.12.2009. The said application was allowed by this Court on 19.10.2011. The original defendants in the suit preferred an appeal against the said order objecting to the impleadment of the appellant in O.S.A.No.123 of 2012, which was allowed and remanded to the learned Single Judge. 3. Thereafter, the matter was taken up by this Court and held that the prese...


Aug 01 2016

C.A. Babu Vs. The District Collector, Virudhunagar District and Others

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Fourth Respondent to issue patta in respect of the property situated in Ayan Punja Survey No.33/1, Cimco Colony, Anaiyur Village and Panchayat, Sivakasi Taluk, Virudhunagar District within the time stipulated by this Court.) 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 Respondents. 4. According to the Petitioner, his mother Mariyammal was the owner of the property situated in Ayan Punja Survey No.33/1, Cimco Colony, Anaiyur Village and Panchayat, Sivakasi Taluk, Virudhunagar District. The total extent of the property is 2 acres and 56 cents. As a matter of fact, on 25.5.1990, she purchased the property from the erst-while owner Kaliyappa Nadar vide Document No. 766/1950, on the file of the Sub-Registrar, Sivakasi. 5. The stand of the Petitioner ...


Aug 01 2016

M. Amalorpavam Vs. The District Elementary Educational Officer and Ano ...

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's seniority at the 1st place in the Promotion panel as on 01.01.2016 for promotion to the post of B.T. Assistant (English) in Thirupparankundram Panchayat Union and to promote and post the petitioner as BT Assistant in English in the existing vacancy of BT Assistant (English) at Thirupparankundram panchayat union Middle school at Periyar Nagar or any other vacancy in other middle school functioning under Thirupparankundram Panchayat Union Jurisdiction.) 1. Mr.M.Amalorpavam, is a Secondary Grade Teacher and presently serving in the Panchayat Union Elementary School at Samanatham. The next avenue of promotion to her is B.T. Assistant. Since 2016, she has been shown as No.1 in the Common Promotion Panel prepared by the respondents. While so, according to the counseling scheduled on 06.08.2016, B.T.promotion should be made f...


Aug 01 2016

M. Senthamarai Vs. The Settlement officer, Chepauk, Chennai

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 30.07.2013 bearing R.C.No.C1/3205/2012 passed by the respondent and quash the same and consequently directing the respondent to issue Ryotwari patta in favour of the petitioner in respect of land in Survey No.279/1C for an extent of 1.47.5 hectares in Navalpattu Village, Thiruverumbur Taluk, Trichi District and pass orders as this Court may deem fit and proper.) 1. The petitioner has filed this Writ Petition seeking a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 30.07.2013 bearing R.C.No.C1/3205/2012 passed by the respondent and quash the same and consequently directing the respondent to issue Ryotwari patta in favour of the petitioner in respect of land in Survey No.279/1C for an extent of 1.47.5 hectares in Navalpattu Village, Thiruverumbur...


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