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Chennai Court August 2016 Judgments

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Aug 01 2016

The Managing Director, Tamil Nadu State Transport Corporation Vs. E. M ...

Court: Chennai

Decided on: Aug-01-2016

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, against the order dated 24.06.2013, passed in W.P.No.502 of 2007.) 1. This Writ Appeal has been directed against the order dated 24.06.2013, passed in W.P.No.502 of 2007, by the learned Single Judge of this Court. 2. The first respondent herein, during the relevant period, has served as a driver of the appellant and he caused an accident on 8.3.1999, which resulted in death of three persons and consequently, a domestic enquiry has been conducted, wherein, it is found that the first respondent has committed the offence mentioned in the charge and ultimately, he has been dismissed from service. The dismissal order has been challenged in I.D.No.375 of 2001, on the file of the second respondent herein. 3. The second respondent, after considering the rival evidence available on record, has dismissed I.D.No.375 of 2001. The order passed by the second respondent has been challenged in W.P.No.502 of 2007, on the file of this...


Aug 01 2016

S.V. Subbiah Vs. The Principal Secretary to Government, Rural Developm ...

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent issued in proceddings in Na.Ka.No.m.2/c.,(C)8194/2007, and published in Tamil Nadu Government Gazettee No.11, Part VI Section 2 in No.VI(2)/148/2009, dated 25.03.2009 and confirmed in G.O(D)No.640 Rural Development and Panchayat Raj (P.R.IV) Department dated 11.11.2009 issued by the first respondent and quash the same and consequently reinstating the petitioner as President of the Kurunthampattu Panchayat, Kallal Panchayat Union, Sivagangai District.) 1. Learned counsel appearing on behalf of the counsel for the petitioner reports that the petitioner is not interested in pursuing the matter and hence, the writ petition may be dismissed as not pressed. Mr.Anwar Sameem, who is representing the counsel on record, makes an endorsement to that effect. 2. In view of the endorsement, thi...


Aug 01 2016

M. Selvam Vs. The District Collector, Pudukkottai 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 Respondents No.2 to 4 to survey and demarcate the boundaries of the land measuring 1750 sq.fts measuring East-West 70 ft. by South-North 25 fts , having one tiled house and one thatched house bearing Door Nos. 161 and 162, comprised in S.No.106, Naipallam Village, Machuvadi, Pudukkottai Panchayat, North Revenue Village, Pudukkottai Taluk and District, pursuant to the Petitioner's application dated 12.2.2015 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. The Petitioner has filed the present Writ Petition praying for passing of an order in directing the Respondents No.2 to 4 to survey and demarcate the boundaries of the land measuring 1750 sq.fts measuring East-West 70 ft. by South-North 25 ...


Aug 01 2016

G. Sekar and Others Vs. The Inspector of Police, Trichirapalli Distric ...

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records of the first respondent's order in C.No./DSP/EOW II/Genl/ TRI/ 2012 dated .12.2012 signed on 09.12.2012 and subsequent order in C.No.426/DSP/EOW II/Genl/TRI/2012 dated 10.12.2012 and quash the same in respect of lands in Survey No.575/5, 530/4, 530/1, 526/4.) 1. This writ petition has been filed for issuance of a Writ of Certiorari to call for the records of the first respondent's order in C.No./DSP/EOW II/Genl/ TRI/ 2012 dated .12.2012 signed on 09.12.2012 and subsequent order in C.No.426/DSP/EOW II/Genl/TRI/2012 dated 10.12.2012 and quash the same in respect of lands in Survey No.575/5, 530/4, 530/1, 526/4. 2. The brief facts that are necessary for the disposal of the writ petition follows as under:- The petitioners state that they had jointly purchased some lands in S.No.526/4, 575/5, 530/1 and 530/4 at Irugur Village, Thuraiyur Taluk, Trichy District ...


Aug 01 2016

K. Kubentran Vs. The District Collector, Theni and Another

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 second respondent herein to consider the petitioner's application dated 18.02.2016.) 1. Mr.K.Kubentran has come forward with this Writ Petition seeking to direct the second respondent to consider the Application, dated 18.02.2016, submitted by the petitioner seeking appointment for the post of 'Multi-purpose Health Worker'. 2. The petitioner, who hails from a Backward Community, after completing his Eighth Standard, has registered his name with the Employment Exchange on 04.10.2004. While so, on coming to know that there is a vacancy in the office of the second respondent, he submitted an Application, dated 18.02.2016, to the second respondent by enclosing all the relevant Certificates, seeking the said Authority on 22.07.2016 and 18.02.2016 to consider his request as per G.O.Ms.No.21, Labour and Employment Department, dated 02.02.2000. Since the same has not...


Aug 01 2016

P. Sivaraj Vs. R. Selvaraj and Others

Court: Chennai

Decided on: Aug-01-2016

(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the fair and decreetal order dated 23.04.2013 passed in I.A.No.46 of 2012 in un-numbered A.S.No. of 2012 on the file of the Principal District and Sessions Court, Namakkal.) 1. Challenging the order passed in I.A.No.46 of 2012 in un-numbered A.S.No. of 2012 on the file of the Principal District and Sessions Court, Namakkal, the defendant in O.S.No.1523 of 2002 on the file of the Subordinate Court, Namakkal, has filed the above Civil Revision Petition. 2. The respondents 1 and 2 filed the suit in O.S.No.1523 of 2002 for specific performance. 3. After contest, the trial Court decreed the suit on 29.07.2011. Aggrieved over the same, the defendant preferred an appeal before the Principal District and Sessions Court, Namakkal with an application in I.A.No.46 of 2012 to condone the delay of 255 days in filing the appeal. 4. The defendant sold the property to the respondents 3 and 4, who are the defen...


Aug 01 2016

M/s. Boss Infrastructure Pvt. Ltd. Vs. Chennai Petroleum Corporation L ...

Court: Chennai

Decided on: Aug-01-2016

(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 04.02.2010 made in O.P.No.847 of 2007.) P. Kalaiyarasan, J. 1. This Original Side Appeal is directed against the order, dated 04.02.2010 passed by the learned single Judge in O.P.No.847 of 2010, setting aside the award of the Arbitrator, dated 08.06.2007. 2. The brief facts necessitated to go before the Arbitrator and leading to this Original Side Appeal are as follows : (i) The appellant is the contractor under the first respondent. The contract was awarded by the first respondent, Chennai Petroleum Corporation Ltd to the appellant, M/s. Boss Infrastructure Pvt., Ltd., for providing pavement with concrete blocks on the sides of the roads at Refinery III Projects expansion. The contract is an item rate lumpsum contract. The contract was entered into between the parties on 09.08.2004 for an amount of Rs.1,19,11,854/- and the work was agreed to ...


Aug 01 2016

Hindustan Unilever Limited Vs. The Deputy Commissioner and Another

Court: Chennai

Decided on: Aug-01-2016

(Prayer: in W.P.No.10182 of 2015: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent herein in N.Dis.128/2015/A1 dated 19.02.2015 preferred against the proceedings of the first respondent herein in TIN:33410802250/2007-08 dated 10.10.2014 and quash the same, while directing the second respondent herein to hear and dispose the appeal filed by the petitioner against the proceedings of the first respondent herein in TIN:33410802250/2007-08 dated 10.10.2014 on merits and in accordance with law. Prayer in W.P.No.10183 of 2015: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent herein in N.Dis.111/2015/A1 dated 23.02.2015 preferred against the proceedings of the first respondent herein in TIN:33410802250/2008-09 dated 10.10.2014 and q...


Aug 01 2016

Sivakumar Vs. The Member, The State Human Right Commission, Tamil Nadu ...

Court: Chennai Madurai

Decided on: Aug-01-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned order issued by the Hon'ble Member, State Human Rights Commission, Tamil Nadu, the first respondent made in SHRC Case No.4429/2008, dated 25.02.2016 and quash the same. K.K. Sasidharan, J. INTRODUCTORY: The petitioner registered a false case against the third respondent and thereafter, took him to a market where he was doing business by permitting him to wear only an underwear and assaulted in full public view. The Assistant Commissioner of Police and Inspector of Police also were there with the petitioner and actively took part in the illegal action. The petitioner has gone to the extent of fabricating records to make it appear as if minimum force was used while arresting the third respondent. The State Human Rights Commission, on the basis of materials, arrived at a factual finding against the petitioner and other pol...


Aug 01 2016

S. Krishnan Nair Vs. The Principal Secretary to Government, Revenue De ...

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 first respondent i.e.the Principal Secretary to Government Revenue Department, Chennai to pass appropriate orders on the petitioner's representation dated 14.12.2015 regarding grant of notional promotion in the cadre of Deputy Tahsildar of the year 2007 and in the cadre of Tahsildar of the year 2011 on par with his junior Thiru.T.V.Ramesh and to send revised pension proposals.) 1. Mr.S.Krishnan Nair, has come forward with this Writ Petition seeking for the issuance of a Writ of Mandamus directing the first respondent to pass appropriate orders on the petitioner's representation dated 14.12.2015 regarding grant of notional promotion, on par with his junior and further to send revised pension proposals to him. 2. While the petitioner was working as Selection Grade Assistant in the Taluk Office, Srivaikundam, he was allowed to retire from his service subject to ...


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