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Chennai Court January 2017 Judgments

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Jan 18 2017

M. Arun Kumar Vs. The Regional Transport Officer, Tirupur District and ...

Court: Chennai

Decided on: Jan-18-2017

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to return the petitioner's Driving Licence bearing DL. No. TN41-19940003368 forthwith.) 1. Issue Notice. Mr.Akhil Akbar Ali, learned Government Advocate, accepts notice on behalf of the respondents. With the consent of learned counsels for parties, the writ petition is taken up for final hearing and disposal. 2. The only relief that the petitioner seeks via this writ petition is for issuance of a direction to the first respondent to return his Driving Licence bearing DL.No.TN41-19940003368 3. This writ petition has been filed in the background of the following brief facts and circumstances: 3.1. The petitioner, who was working as a Driver, at the relevant time with the Tamil Nadu State Transport, Kovai Division, Tirupur Region met with an accident near Karuvalur Region, on 28.12.2016, while driving the vehicle assigned to him. In the accident, an old ...


Jan 18 2017

V. Sowpakkiyavathi Vs. K. Gnanasekaran

Court: Chennai Madurai

Decided on: Jan-18-2017

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 16.09.2016, passed in E.A.No.30 of 2016 in E.P.No.16 of 2013 in Tr.O.P.No.1 of 2007, on the file of the District Munsif-cum-Judicial Magistrate Court, Vadipatti.) 1. This Civil Revision Petition has been filed against the order dated 16.09.2016, passed in E.A.No.30 of 2016 in E.P.No.16 of 2013 in Tr.O.P.No.1 of 2007, on the file of the District Munsif-cum- Judicial Magistrate Court, Vadipatti. 2. Facts of the case:- (i) The petitioner is the first respondent in E.P.No.16 of 2013 and Tr.O.P.No.1 of 2007. The respondent is the petitioner in both the E.P. and the Tr.O.P. The respondent filed a petition in Tr.O.P.No.1 of 2007 under Section 83 of the Transfer of Property Act, 1882 [hereinafter referred to as 'the Act'] before the District Munsif Court, Madurai Taluk and the same was allowed. The said order has been transmitted to the District Munsif-cum-Judicial Magistrate Court, V...


Jan 18 2017

The Management Tamilnadu State Transport Corporation Ltd. Madurai Divi ...

Court: Chennai Madurai

Decided on: Jan-18-2017

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari to call for the records pertaining to the impugned award dated 28.01.2010 passed by the 2nd respondent in I.D.No. 130 of 2007 and quash the same.) 1. The prayer in the writ petition is for a Certiorari to call for the records pertaining to the impugned award dated 28.01.2010 passed by the 2nd respondent in ID No.130/2007 and to quash the same. 2. The 1st respondent is a Driver, who was working at the petitioner Corporation. While he was driving the petitioner Corporation Bus on 25.04.2003, the bus met with an accident, as the said bus hit a stationed lorry at the backside, in which, one person died and five were injured. Pursuant to which, the first respondent was suspended on 28.04.2003. Thereafter, a charge memo was issued, domestic enquiry was conducted. After completing the domestic enquiry, the first respondent was dismissed from service on 09.03.2004. Challenging the s...


Jan 18 2017

S. Manonmony, Technical Assistant, Dr. T.P.M. Library, Madurai Vs. The ...

Court: Chennai Madurai

Decided on: Jan-18-2017

(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a writ of Mandamus, directing the Respondents to promote the Petitioner as Assistant Librarian at Dr.T.P.M.Library of Madurai Kamaraj University, Madurai as per the resolution / order passed by the Syndicate of Madurai Kamaraj University in its meeting held on 03.02.2011.) Order: 1. The petitioner has filed the present writ petition praying for a direction to the respondents to promote the petitioner as 'Assistant Librarian' at Dr.T.P.M.Library of Madurai Kamaraj University, Madurai, as per the resolution/order passed by the Syndicate of Madurai Kamaraj University in its meeting held on 03.02.2011. 2. The case of the Petitioner is that she joined Madurai Kamaraj University as a Stack Room Assistant in Dr.T.P.M.Library on 19.09.1991 vide order dated 18.09.1991 issued by the Second Respondent, the Registrar of Madurai Kamaraj University. At the time of appointment, she had qualified B.Sc., B....


Jan 18 2017

Muthusamy Mudaliar (deceased) and Others Vs. Nawabjan and Another

Court: Chennai

Decided on: Jan-18-2017

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code against the judgment and decree in A.S.No.23 of 2010 on the file of the Principal District Subordinate Judge, Tindivanam, dated 31st January 2011 confirming the judgment and decree in O.S.No.346 of 2006, dated 11th March 2010, on the file of Principal District Munsif, Tindivanam.) 1. Challenge in this Second Appeal is made by the plaintiff against the judgment and decree dated 31.01.2011 made in A.S.No.23 of 2010, on the file of the Principal Subordinate Judge, Tindivanam, confirming the judgment dated 11.03.2010 made in O.S.No.346 of 2006, on the file of the Principal District Munsif Court, Tindivanam. 2. The suit has been laid by the plaintiff for declaration and permanent injunction in respect of the suit property and also for the cancellation of the judgment and decree in O.S.No.65 of 1994 on the file of the District Munsif Court, Tindivanam, insofar as the suit property is concerned. 3. The second appeal...


Jan 18 2017

C. Anantha Raj and Another Vs. State of Tamil Nadu, Rep. by its Princi ...

Court: Chennai Madurai

Decided on: Jan-18-2017

(Prayer: in W.P.(MD) No.12456 of 2012: Writ Petition filed under Article 226 of the Constitution of India praying to direct the respondents to provide MRI scan facilities to all district Government hospital in the state of Tamil Nadu, within the time stipulated by this Court, consequently, to direct the respondents to provide MRI scan facilities on free of cost to the patients living below the poverty line throughout the State of Tamil Nadu. Prayer: in W.P.(MD) No.23805 of 2016 : Writ Petition filed under Article 226 of the Constitution of India praying to direct the respondents to provide portable drinking water and hot water to the patients in all wards, direct the respondents to ensure the available of the doctors for the patients for 24 hours by filling all existing vacancies, and to provide MRI scan facility, and other infrastructure to the Government Headquarters hospital, Ramanathapuram, within the time stipulated by this Court.) Common Order: A. Selvam, J. 1. These writ petitio...


Jan 18 2017

S. Arul Vs. Sports Development Authority of Tamil Nadu, Represented by ...

Court: Chennai

Decided on: Jan-18-2017

(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to issue suitable instructions to the 3rd respondent to issue the Certificate and Medals to the petitioner's son Master Jenil, a Skater with Regn.No.Kc.S.04234-13 with the 4th respondent and Chest No.721 in respect of two Events viz., Road Elimination (21 k.m.) and Elimination (20 k.m.) participated by him in the 26th Tamil Nadu Roller Skating Championship Events, 2016, considering the representation of the petitioner dated 02.01.2017 within a reasonable time.) 1. When the matter came up for admission on 11.01.2017, this Court ordered notice to the respondents returnable on 12.01.2017. 2. On 12.01.2017, when the matter was taken up for consideration, the learned counsel appearing for the third respondent submitted that the final list has been prepared as early as on 21.12.2016 itself and it has been intimated to the second respondent, who in tu...


Jan 18 2017

D. Veeramani Vs. D. Sakunthala

Court: Chennai

Decided on: Jan-18-2017

(Prayer: Second Appeal is filed under Section 100 C.P.C., against the judgment and decree of the learned Additional Special Judge, Krishnagiri dated 26.04.2016 in A.S.No.38 of 2014 reversing the judgment and decree of the learned District Munsif, Krishnagiri dated 27.08.2014 in O.S.No.352 of 2011.) 1. The appellant/plaintiff is the son of the respondent/defendant. Suit has been laid for declaration and permanent injunction with respect to the suit property which forms part of the cancellation deed dated 03.02.2010 executed in favour of the appellant. 2. The suit property was originally purchased in the name of the appellant's father. He executed a gift deed dated 25.09.1989 in favour of the respondent-wife. She, in turn, executed Ex.A2- settlement deed dated 07.03.2008 in favour of the appellant. Thereafter, she cancelled the said settlement deed under Ex.A3- cancellation deed dated 03.02.2010. 3. The suit has been laid on the premise that there is no power or authority which lies with...


Jan 18 2017

N.R. Chandrasekaran and Others Vs. The Joint Registrar of Cooperative ...

Court: Chennai

Decided on: Jan-18-2017

(Prayer in W.P.No.43238 of 2016:- Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of certiorari to call for the records relating to the order in Na.Ka.8291/2015/Saba, dated 21.11.2016 on the file of the first respondent and quash the same. W.P.No.43239 of 2016:- Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of certiorari to call for the records relating to the order in Na.Ka.8282/2015/Saba, dated 22.11.2016 on the file of the first respondent and quash the same.) Common Order: 1. The first petitioner is the President, the second petitioner is the Vice-President and the petitioners 3 to 11 are the Executive Members of the second respondent Society. They have filed two writ petitions. 2. In W.P.No.43238 of 2016, they have challenged the impugned order dated 21.11.2016 passed by the first respondent / the Joint Registrar of Cooperative Society, Erode Region, Erode, in and by which, the first respondent has...


Jan 18 2017

Molly Mathai Vs. P. Basantha Kumar and Others

Court: Chennai

Decided on: Jan-18-2017

(Prayer: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, against the fair and decreetal order dated 21.04.2016 made in C.M.P.No.65 of 2015 in A.S.No.41 of 2010 on the file of the XVI Additional City Civil Court, Chennai.) 1. Civil Revision Petition is filed against the fair and decreetal order dated 21.04.2016 made in C.M.P.No.65 of 2015 in A.S.No.41 of 2010 on the file of the XVI Additional City Civil Court, Chennai. 2. The petitioner and the respondents 7 to 10 as the plaintiffs filed a suit in O.S.No.1648 of 1996 for specific performance. The defendants filed the written statement and contested the suit. That suit was dismissed on 20.01.2009. Aggrieved over the same, the plaintiffs preferred an appeal in A.S.No.41 of 2010. During pendency of the appeal, the second respondent died on 21.10.2011. The legal heir application was filed belatedly and that application was allowed. Thereafter, the said appeal was adjourned periodically for carrying out the amendm...


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