Chennai Court September 2016 Judgments
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N.S. Manilal Vs. The Government of Tamil Nadu rep. by its Secretary, C ...
Court: Chennai Madurai
Decided on: Sep-02-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the first respondent to pass final order in his proceedings in Letter No.14029/CL1/2006-9 dated 11.1.2008 in respect of the disciplinary proceedings against the petitioner and consequently directing the second respondent to pay all the retirement benefits and the arrears amount due with service benefits to the petitioner.) 1. The petitioner, who has suffered the departmental proceedings initiated by issuing a charge memo, dated 26.08.2002, with order of suspension for alleged incident took place during the period of 1994-1996, has come to this Court seeing a Mandamus directing the respondents to pass final order on the pending departmental proceedings. 2. Heard both sides. 3.After the petitioner was placed under suspension, when the issuance of charge memo, dated 26.08.2002, relating to alleged incident took place during the period 1994-1996, was issued, the peti...
M. Manimekalai Vs. The Managing Director, Tamil Nadu State Transport C ...
Court: Chennai Madurai
Decided on: Sep-02-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to settle payment of a. Gratuity amount - Rs.3,86,169/- b. Earned Leave - Rs.1,73,337/- payable to the petitioner with reasonable rate of interest within the stipulated time. Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to settle payment of a. Gratuity amount - Rs.6,29,796/- b. Earned Leave - Rs.2,63,104/- c. Medical Leave - Rs.11,551/- payable to the petitioner with reasonable rate of interest within the stipulated time.) 1. The petitioner was an employee of the respondents 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 respondents submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A.(MD).N...
S. Karthikeyan Vs. The District Collector, Virudhunagar District, Madu ...
Court: Chennai Madurai
Decided on: Sep-02-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the second respondent to issue Legal Heir Certificate by taking into account of petitioner's representation dated 09.08.2016.) 1. The petitioner/Mr.S.Karthikeyan had lost his father S/o Late. Shanmugam Pillai on 26.08.2008 due to illness. As he has got two sisters and one brother, namely, Velmani, Deepa, Sutha, he has approached the Village Administrative Officer requesting him to issue legal heirship certificate to him, for which, he was also directed to approach the Revenue Inspector. Although he has approached the Revenue Inspector, in turn, the said Revenue Inspector asking him to approach the Tashildar. This is how the drama is being conducted. When the petitioner has made a representation to the second respondent Tahsidar, Sivakasi, asking issuance of legal-heirship certificate by taking note of the representation enclosing the death of certificate of his f...
P. Ashokan Vs. The District Collector, Madurai District and Another
Court: Chennai Madurai
Decided on: Sep-02-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for records relating to the proceedings of the Impugned notification in Na.Ka.No.345/2016-mineral, dated 01.08.16 published in the Madurai District Gazette, dated 02.08.16 on the file of the 1st Respondent and quash the same and further directing the 1st Respondent to permit the Petitioner to remove the stones cut by him in pursuant to the lease agreement, dated 29.09.10, in respect of the lands in survey No.207(part), Tiruchunai Village, Melur Taluk, Madurai District.) 1. The Learned Counsel for the Petitioner urges before this Court that the impugned proceedings of the First Respondent/District Collector, Madurai District in Na.Ka.No.345/2016-mineral, dated 01.08.2016 (published in Madurai District Gazette on 02.08.2016), is an illegal one, besides the same being arbitrary and in breach of violation of fundamental right to livelihood. 2. The Learned Co...
Krishnaveni and Others Vs. R. Vanaja and Others
Court: Chennai
Decided on: Sep-02-2016
(Prayers: Civil Revision Petition in CRP (NPD) No.1477/2004 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 2.12.2003 made in E.A No.641/2002 in E.P.No.143/2001 in RCOP No.85/98 on the file of District Munsif Court, Coimbatore. Civil Revision Petition in CRP (NPD) No.2289/2016 filed under Article 227 of the Constitution of India against the fair and final order dated 22.12.2015 made in I.A.No.478/2015 in O.S.No.966/2004 on the file of III Additional District Munsif Court, Coimbatore.) Common Order 1. C.R.P.(NPD)No.1477/2004 arises against the order passed in E.A.No.641/2002 in E.P.No.143/2001 in R.C.O.P No.85/1998 on the file District Munsif Court, Coimbatore. C.R.P.(NPD)No.1478/2004 arises against the order passed in E.P.No.143/2001 in RCOP No.85/1998 on the file of District Munsif Court, Coimbatore. 2. In both these matters, the landlords are the petitioners and the respondents viz., Umapathy and Samsuddin are tenants. The first respond...
A. Udayasuriyan Vs. The District Collector, Virudhunagar District and ...
Court: Chennai Madurai
Decided on: Sep-02-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents to refund the amount of Rs.22,50,048/- (Rupees Twenty Two Lakhs Fifty Thousand and Forty Eight only) to the petitioner being the amount paid by the petitioner for fishery right in Karunkulam Pudupalayam Kanmai of South Venganallur, Rajapalayam for Fasli year 1419.) 1. The petitioner filed this Writ Petition to direct the second respondent to refund a sum of Rs.22,50,048/- (Rupees Twenty Two Lakhs Fifty Thousand and Forty Eight only), stated to have been deposited by him, pursuant to the notification dated 05.03.2010. 2. According to the petitioner, he deposited the amount in question on the basis of the notification issued by the second respondent calling for the grant of privilege to take the fishing right in respect of the pond called as Karunkulam Pudupalayam Kanmai of South Venganallur, Rajapalayam Taluk, for the Fasli 1419. The petit...
S. Siva and Another Vs. Arulmigu Nagareeswarar Temple
Court: Chennai
Decided on: Sep-02-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to prefer this Memorandum of Grounds of Civil Revision Petition against the Petition Order passed in E.A.No.192 of 2009 in E.P.No.270 of 2006, in O.S.No.1231 of 1996, dated 01.11.2011, on the file of the District Munsif Court, Kancheepuram.) 1. This Civil Revision Petition has been filed against the Petition Order passed in E.A.No.192 of 2009 in E.P.No.270 of 2006, in O.S.No.1231 of 1996, dated 01.11.2011, on the file of the District Munsif Court, Kancheepuram. 2. The respondent herein/plaintiff and two others filed a suit in O.S.No.1231 of 1996, on the file of the Principal District Munsif Court, Kancheepuram, praying to direct the defendants to vacate and handover the possession of the scheduled mentioned premises; to pay the arrears of rent for a sum of Rs.900/- to the respondents for the past three years; to pay a sum of Rs.650/- towards past damages for use and occupation of the premises and cos...
S. Murugan and Others Vs. The State Rep. by The Inspector of Police, G ...
Court: Chennai Madurai
Decided on: Sep-02-2016
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records and quash the charge sheet filed against the petitioners in P.R.C.No.41 of 2016 on the file of the learned Judicial Magistrate Court No.III, Tirunelveli in respect of Crime No.40 of 2015 on the file of the 1st respondent police.) 1. Section 482 Cr.P.C., saves inherent power of the Court. Such inherent power can be exercised either to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. Invoking such inherent power, this petition has been filed to quash the proceedings on the ground that the continuance would amount to abuse of the process of the Court. 2. Acase in Crime No.40 of 2015 has been registered under Sections 147, 148, 341, 294(b), 307 and 506(ii) IPC by the 1st respondent against the petitioners. After completion of the investigation, the Investigating Officer has filed a charge sheet before the learned Judicial Magistrate Court No.III, Tirunelv...
S.K. Prakalathan Vs. The Managing Director, Tamil Nadu State Transport
Court: Chennai Madurai
Decided on: Sep-02-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to pay the retirement benefits with interest to the petitioner in view of the representation dated 17.08.2016.) 1. The petitioner was an employee of the respondents 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 respondents 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 12.06.2015. He has further submitted that the respondents would consider the request of the petitioner in the light of the judgment passed by the Honourable Division Bench. 3. For ready reference, the judgment, dated 12.06.2015, passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2015, is extracted hereunder: "The learned Additional Advocate General submit...
D. Gajendran Vs. The Management of Tamil Nadu State Transport Corporat ...
Court: Chennai Madurai
Decided on: Sep-02-2016
(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.5,98,985/- towards Gratuity, Rs.40,488/- towards Leave Salary, Rs.4,500/- Refundable Deposit and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.2015 together with 18% interest per annum and along with interest amount towards the delay in paying EPF Employees Contribution Rs.2,70,482/- for the period from 30.06.2016 to 26.01.2017 at the rate as per EPF Scheme, within a time-frame as may be fixed by this Court. 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 ...
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