Chennai Court September 2016 Judgments
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Nicolas Vs. The Govt. of Tamil Nadu, Rep. by its Secretary, Chennai an ...
Court: Chennai Madurai
Decided on: Sep-19-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 04.01.2016 in O.Mu.No.7227/AA5/2015, on the file of the 4th respondent and to quash the same and to direct the respondents to accord approval to the appointment of the petitioner, Mr.S.Nicolas, working as Record Clerk in Little Flower Girls' Higher Secondary School, Manaparai 621 306, Thiruchirappalli, w.e.f. 01.06.2015, with all monetary and other service benefits.) 1. This writ petition has been filed, seeking to quash the order of the fourth respondent dated 04.01.2016 passed in O.Mu.No.7227/AA5/2015, vide which, the 4th respondent has returned the proposal citing G.O.115 dated 30.05.2007 on the ground that the request of the 5th respondent to fill up the post of non teaching staff in the minority school would be considered only on receipt of suitable orders from the Chief Educational Off...
Udayarajan and Others Vs. The Executive Engineer, TANGEDCO, Madurai an ...
Court: Chennai Madurai
Decided on: Sep-19-2016
(Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order dated 16.12.2015, made in W.P.(MD)No.5411 of 2015.) M. Sathyanarayanan, J. 1. By consent, the writ appeal is taken up for disposal. 2. The appellants are the writ petitioners and they filed W.P. (MD)No.5411 of 2015, praying for issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 from erecting any electric poles through common pathway situated in Survey No.254, in Chettiar Street, Kottanathampatti Village, Ambalakaranpatti, Melur Taluk, Madurai District. 3. The writ petition, after contest, came to be dismissed on 16.12.2015, holding that it is for the respondents 1 and 2 to consider the feasibility and take a decision according to such convenience of feasibility. 4. The learned counsel for the appellants would submit that it is a serious dispute as to whether the pathway is exclusively belongs to the appellants/petitioners or it is a common pathway. Further, installation of electric poles is n...
M. Rajamanickam and Another Vs. State Transport Corporation (Madurai) ...
Court: Chennai Madurai
Decided on: Sep-19-2016
(Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order passed in W.P(MD)No.1293 of 2008, dated 05.10.2012.) Common Judgment M. Sathyanarayanan, J. 1. By consent, the writ appeals are taken up for final disposal. 2. The appellants claim that they belonged to Scheduled Caste community and after completing their Conductors' Course and obtaining the Certificate, got themselves registered with the jurisdictional Employment Exchange. The respondent Corporation through the Employment Exchange, called for the candidates for the post of Conductors and accordingly, they participated in the interview conducted on 08.07.2005 and since both of them came successful, they were given the Conductors' training from 05.00 p.m., to 06.00 p.m. in a particular route. 3. The grievance expressed by the appellants is that though they were seniors in Employment seniority, overlooking their merit and seniority, some unqualified persons were selected and appointed as Conductors and they we...
R.M. Rajendran Vs. S. Mohamed Ali
Court: Chennai Madurai
Decided on: Sep-19-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Rent Control Appellate Authority(Principal Subordinate Judge)Tiruchirappalli, Tiruchi District to dispose of R.C.A.No.23 of 2015 at an early date.) 1. This revision has been filed seeking for a direction to the Rent Control Appellate Authority(Principal Sub-ordinate Judge)Tiruchirappalli, Tiruchi District, to dispose of R.C.A.No.23 of 2015 at an early date. 2. The contention of Petitioner is that the respondent herein/landlord filed R.C.O.P.No.17 of 2013 before the III Additional District Munsif Court(Rent Controller), Tiruchirappalli. In the aforesaid R.C.O.P., the Petitioner herein filed I.A.No.101 of 2014 for a direction under Order XXVI Rule 10(A) and under Section 151 of Civil Procedure Code to appoint an Advocate Commissioner to compare the LTI of Liyakath Ali in Ex.R1 with another LTI of the Petitioner by the Finger Print Expert. The said application was dismis...
United India Insurance Co. Ltd., Represented by its Divisional Manager ...
Court: Chennai Madurai
Decided on: Sep-19-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 24.07.2013 passed in M.C.O.P.No. 108 of 2007 on the file of the Motor Accidents Claims Tribunal (Principal Sub-Judge), Nagercoil.) M. Sathyanarayanan, J. 1. The appellant/Insurance Company is the third respondent in M.C.O.P.No.108 of 2007 on the file of the Court of Motor Accident Claims Tribunal (Principal Subordinate Judge), Nagercoil and questioning the negligence as well as quantum of compensation, vide impugned award and decree, dated 24.07.2013, had preferred this Civil Miscellaneous Appeal. 2. The facts in brief leading to the filing of this Civil Miscellaneous Appeal, are as follows: (i) It is a case of injury and according to the claimant K.Ramaswamy (since died) on 19.07.2006 about 09.30 p.m., he along with his son viz., Thangamariappan, the second respondent herein came out from Vasantham Health Care Hospital and the fourth respondent, who was riding his motorcycle ...
S. Sugumar and Another Vs. State represented by the Inspector of Polic ...
Court: Chennai
Decided on: Sep-19-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.284 of 2013 on the file of Judicial Magistrate Court, Alandur and quash the same. 1. This Criminal Original Petition is filed to call for the records in C.C.No.284 of 2013 on the file of Judicial Magistrate Court, Alandur and quash the same. 2. An unfortunate accident took place on 26.10.2012 in which one Karuppasamy, a Junior Engineer-Trainee, lost his life, pursuant to which, the first respondent police registered an FIR in Crime No.3912 of 2012 on 26.10.2012 under Section 304-A IPC on the statement given by one V. Devarajan/second respondent/de facto complainant, a co-employee and after completing the investigation, has filed a final report in C.C. No.284 of 2013 before the Judicial Magistrate Court, Alandur under Section 304-A IPC against Sukumar and Senthamizhchelvan for quashing which, the accused are before this Court. 3. Audco India Ltd. manufactures valves which are subjected ...
Saraswathi and Another Vs. State by, Inspector of Police, Namakkal Dis ...
Court: Chennai
Decided on: Sep-19-2016
(Prayer:- Criminal Original Petition filed under Section 407 of Cr.P.C., to withdraw and transfer the C.C.No. 119/2015 from the file of Judicial Magistrate -III, Rasipuram to the file of any Court at Namakkal or Tirupur which this Hon'ble Court may deem fit and proper.) 1. This petition has been filed to withdraw and transfer C.C.No. 119/2015 from the file of the Judicial Magistrate Court-III, Rasipuram to the file of any Court at Namakkal or Tirupur. 2. When the matter was taken up for hearing Mr.V.S.Gurusamy, learned counsel entered appearance for the petitioners. He stated that he is a lawyer from the Mofussil Bar and that he has been espousing the case of the petitioners before the trial Court. 3. It is seen that on the complaint given by one Chitra, the respondent police registered a case in Crime No. 463 of 2014 on 20.07.2014 for offences under Sections 147, 294(b), 323, 354 and 506(i) IPC against Saraswathi and four others. 4. On the complaint given by one Jayaraman, the respond...
A. Moni and Others Vs. Usha and Others
Court: Chennai Madurai
Decided on: Sep-19-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to call for the records of the lower Court and to set aside the order and decreetal order, dated 19.3.2016 passed in I.A.No.142 of 2016 in O.S.No.496 of 2008, on the file of the District Munsif Court, Padmanabhapuram.) 1. This revision arises out of the order, dated 19.03.2016 passed in I.A.No.142 of 2016 in O.S.No.496 of 2008, on the file of the District Munsif Court, Padmanabhapuram to direct the second respondent/first defendant to produce the Birth Certificate, Election Identity Card and Aadhaar Card before the trial Court in the suit. 2. Counter affidavit has been filed by the second respondent/first defendant denying suit averments. After hearing the parties concerned, the trial Court observed that the prayer in the I.A has not been considered for the reasons that the Petitioner cannot compel the second respondent/first defendant to produce the documents as sought for before ...
V. Krishnamurthy Vs. M/s. Kasthuri and Sons Ltd.
Court: Chennai
Decided on: Sep-19-2016
(Prayer: Original Side Appeal preferred under Clause 15 of Letters Patent read with Order XXXVI Rule 1 of Original Side Rules against the order of this Court dated 22-08-2007 made in C.S.No.527 of 1998.) A. Selvam, J. 1. Challenge in this Original Side Appeal is to the judgment and decree dated 22-08-2007 made in C.S.No.527 of 1998 by the learned Single Judge of this Court. 2. The respondent herein, as plaintiff, has instituted C.S.No.527 of 1998 on the file of this Court praying to pass a money decree to the tune of Rs.72,61,780.75p (Rupees Seventy two lakhs Sixty One thousand Seven hundred eighty and seventy five paise only) wherein the present appellant has been shown as sole defendant. 3. The material averments made in the plaint are that the plaintiff is a publisher of the well-known English Daily, The Hindu and other publications like Frontline, Business Line, Sportstar etc. During course of its business, the plaintiff has to obtain advertisements for its publication. The defenda...
Tirupattur Co-operative Sugar Mills, Tirupattur Vs. C. Govindasamy
Court: Chennai
Decided on: Sep-19-2016
(Prayer: This Memorandum of Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgment and decree dated 30.08.1999 passed in A.S.No.7 of 1999 on the file of the learned Additional District Judge, Tiruvannamalai in modifying the judgment and decree dated 02.11.1998 passed in O.S.No.582 of 1995 on the file of the learned District Munsif, Polur.) 1. This Memorandum of Second Appeal has been directed against the Judgment and decree dated 30.08.1999 passed in A.S.No.7 of 1999 on the file of the learned Additional District Judge, Tiruvannamalai in modifying the judgment and decree dated 02.11.1998 passed in O.S.No.582 of 1995 on the file of the learned District Munsif, Polur. 2. The appellant is the defendant in the suit for damages. The respondent herein is the plaintiff and being the member of the appellant/ Sugar Mills, claimed damages to the tune of Rs.30,000/- for the belated issuing the cutting order of Sugarcane Crops. 3. According to the plaintiff/responden...
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