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Chennai Madurai Court December 2015 Judgments

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Dec 16 2015

P. Prabin and Another Vs. The Superintendent of Police, Kanyakumari Di ...

Court: Chennai Madurai

Decided on: Dec-16-2015

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorafiedfied, calling for the records relating to the impugned order of the 4th respondent in T10/Inspector/Namuna/20/2015, dated 03.02.2015 and quash the same and consequently direct the respondents to accord permission and provide police protection to the 20th Annual Day Celebration of Nehru Ninaivu Vilaiyattu Mandram scheduled on 1st and 2nd January 2016 and pass orders.) Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified, calling for the records relating to the impugned order issued by the 4th respondent dated 04.12.2015 in his proceedings T10/Aaivalar/Namuna/22/2015 and quash the same and consequently direct the 4th respondent to grant permission and protection for conducting Annual Day Celebration of the petitioner Society at Thodukulam Kalaiarangam, Kanjiracode Post, Vilavancode Taluk, Kan...


Dec 15 2015

K. Nagu Thevan @ Ashok Kumar Vs. The Chairman, Teachers Recruitment Bo ...

Court: Chennai Madurai

Decided on: Dec-15-2015

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of certiorarified mandamus to call for the records pertaining to the selection of the respondents 3 and 4 to the post of Assistant Professor (History) Tamil Medium as per the impugned provisional list of candidates selected after oral interview dated 08.04.2015 published by the respondents 1 and 2, and quash the same and consequently direct the respondents to appoint the petitioner in the post of Assistant Professor (History) Tamil Medium.) 1. Challenging the impugned proceedings dated 08.04.2015 of the respondents 1 and 2 in selecting the respondents 3 and 4 to the post of Assistant Professor (History) Tamil Medium, the petitioner has filed the present writ petition to quash the same, with a consequential direction to the respondents 1 and 2 to appoint him in the said post. 2. It is the claim of the petitioner that he had passed S.S.L.C. (Tamil Medium) in the year 1989, Higher Secondary Examin...


Dec 15 2015

N. Vanjimuthu Vs. The Competent Authority and Commissioner of Land Adm ...

Court: Chennai Madurai

Decided on: Dec-15-2015

(Prayer: Appeal filed under Section 11 of the TNPID Act, against the impugned order dated 18.06.2014 made in O.A.No.19 of 2011 on the file of Special Court under TNPID Act Cases (Financial Establishment), Madurai.) 1. This matter relates to unfortunate depositors whose deposits are not returned for more than 15 years. 2. The 2nd respondent/Ravi and Company Bankers, Dindigul, collected deposits from 1521 persons to the tune of Rs.3,62,68,430/- before the year 2000. In spite of the deposits got matured, the depositors were not returned with money. Hence, about 528 complaints were sent by those depositors to various authorities. 3. Acting on the complaints, the Government issued G.O.Ms.No.1362, Home (Courts IIA) Department, dated 18.12.2000, under Section 3 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, (shortly, the Act) by making interim attachment of the properties and the money as per the schedule to the said G.O. At this juncture, it ...


Dec 15 2015

Muthu Vs. The Principal Secretary to Government, Home, Prohibition and ...

Court: Chennai Madurai

Decided on: Dec-15-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the Respondent No.2 in Detention Order No.69/2015 dated 04.09.2015 and quash the same and direct the respondents to produce the body or person of the detenu, by name Muthu, son of Veerathevar, aged about 52 years, now detained in Madurai Central Prison, before this Court and set him at liberty forthwith.) V.S. Ravi, J. 1. The petitioner is the detenu. He has been detained, as per the order of the second respondent under Section 2(e) of the Tamilnadu Act 14 of 1982, branding him as Drug Offender ?. Challenging the same, he has come up with this petition. 2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully. 3. Though several grounds have been raised in the Habeas Corpus Petition, the learne...


Dec 15 2015

T.S. Sooriyanarayanamoorthy Vs. The State of Tamil Nadu, Rep. By its S ...

Court: Chennai Madurai

Decided on: Dec-15-2015

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of certiorari to call for the records on the file of the second respondent in connection with the impugned order of removal from service passed by him in his proceedings in ROC No.60326/2014/A2, dated 18.06.2015 and quash the same as illegal and arbitrary.) 1. Challenging the impugned order of removal passed by the second respondent / the District Revenue Officer, Madurai, vide his proceedings dated 18.06.2015, on the ground that he was convicted in a criminal case filed before the learned Special Court for Trial of Prevention of Corruption Act Case, Madurai, in Special Case No.19 of 2011, 22.05.2015, the petitioner has filed the present writ petition seeking to quash the same. 2. It is the contention of the learned counsel appearing for the petitioner that the order of removal from service passed by the second respondent will tantamount to double jeopardy offending Article 20(2) of the Constit...


Dec 14 2015

Dr. Manikandasamy, MD(Paed)(DM) Vs. The Tamil Nadu Dr. M.G.R. Medical ...

Court: Chennai Madurai

Decided on: Dec-14-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the 1st respondent university from retrospectively applying the regulation dated 02.07.2014 regarding examinations for Super Speciality Medical Courses (2012-2015) to the petitioner who obtained admission for Super Speciality Medical Course, under the respondent's regulations of the academic year 2012-13 and permit the petitioner to appear only in the failed papers (Practicals for super speciality course) in accordance with the examination regulations published by the respondent university during the academic year 2012-13 while admitting the petitioner. The petitioner after passing M.B.B.S., joined M.D.(Paediatrics) and he also passed the said course. Based on his M.D.(Paed) qualification, he was admitted to D.M.(Paed) during 2012-2013 in the Madurai Medical College, which is affiliated to the first respondent university. The duration of the said course is thre...


Dec 14 2015

C. Andiappan and Others Vs. The Joint Commissioner, Tamil Nadu Hindu R ...

Court: Chennai Madurai

Decided on: Dec-14-2015

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order, dated 30.09.2015, made in W.P.(MD)No.3036 of 2015.) V. Ramasubramanian, J. 1. All these writ appeals arise out of the dismissal of a batch of writ petitions challenging the suspension of the hereditary trustees of a special religious endowment and the appointment of a fit person by the Tamil Nadu Hindu Religious and Charitable Endowment Department. 2. We have heard Mr.M.Vallinayagam, learned Senior Counsel appearing for the appellants, Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the Department and Mr.M.Muthugeethayan, learned counsel appearing for the Temple/Fit Person. 3. By a deed of partition, executed on 07.09.1921, three brothers by name Chidambaram Pillai, Malaiperumal Pillai and Paramasivam Pillai, all sons of one Andiappa Pillai, partitioned the properties belonging to the family among themselves. The deed of partition covered several items of properties. One of the prop...


Dec 14 2015

Revathi Vs. The Secretary to Government, Home, Prohibition and Excise ...

Court: Chennai Madurai

Decided on: Dec-14-2015

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the records pertaining to the impugned detention order passed by the second respondent made in his proceedings in P.D.No.47/2015, dated 27.08.2015 in detaining the detenu under Section 2(f) of Tamil Nadu Act 14 of 1982 as a GOONDA and quash the same and direct the respondents to produce the detenu, namely, Kasiayya, S/o.Murugaiyan, Male, aged about 46 years, who is detained in Central Prison, Tiruchirappalli, before this Court and set him at liberty.) V.S. Ravi, J. 1. The petitioner is the wife of the detenu viz., Mr.Kasiayya, S/o.Murugaiyan, aged about 46 years. The detenu has been detained, as per the order of the second respondent, dated 27.08.2015, under Section 2(f) of the Tamilnadu Act 14 of 1982, branding him as Goonda ?. Challenging the same, she has come up with this Habeas Corpus Petition. 2. We have heard the learned counsel for the petitioner and the ...


Dec 11 2015

R. Kumar Vs. The Commissioner, Kanyakumari District and Others

Court: Chennai Madurai

Decided on: Dec-11-2015

(Prayers: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records relating to the resolution No.1092 dated 15.10.2015 passed by the second respondent and the retender notification issued by the first respondent in Na.Ka.No.5246/2015/E3 dated 03.11.2015 and quash the same and further directing the first respondent to give the work order in respect of the construction work of Health Centre, Thollavilai, Kanyakumari District.) Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the resolution of the Nagercoil Municpal Council No.1092, dated 15.10.2015 in respect of the contract work No. 16/15-16/,3(RE) and quash the same and direct the respondents to allot the contract work to the petitioner as per the tender held dated 09.10.2015. Writ Petition is filed under Article 226 of the Constitution of I...


Dec 11 2015

L. Sahayam Vs. The District Collector, Collectorate Campus, Sivagangai ...

Court: Chennai Madurai

Decided on: Dec-11-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission for conducting "Great Hungers Agitation" Meeting on 12.12.2015 at before Aranmanai Vasal, Sivagangai, Sivagangai District.) "To my mind the life of a lamb is no less precious than that of a human being. I hold that the more helpless a creature, the more entitled it is to protection by man from the cruelty of man “ So said by the father of our nation, Mahatma Gandhi. 1. This writ petition has been filed, seeking a direction the respondents to grant permission for conducting "Great Hungers Agitation" Meeting on 12.12.2015 at before Aranmanai Vasal, Sivagangai, Sivagangai District. 2. The facts leading to filing of this writ petition are as follows: i) The petitioner is the Sivagangai South District Secretary of Namm Tamilar Katchi and his party has been actively involving in various activities towards creating public awareness...


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