Chennai Madurai Court October 2016 Judgments
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S. Natarajan Vs. The Secretary to Government, Revenue Department, Secr ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the 3rd respondent Pen 26/5/32604888/RVN/12-13/ADKCL/67, dated 22.04.2013 and quash the same and consequently direct the respondents to sanction the minimum pension in the post of VAO.) 1. The petitioner has filed this Writ Petition challenging the impugned order of the third respondent passed in Pen26/5/32604888/RVN/12-13/ADKCL/67, dated 22.04.2013, whereby the request of the petitioner for payment of minimum pension was refused on the ground that petitioner's name is not available in any of the lists prepared by the Government (Viz., Additional Commissioner's lists and G.O.Ms.Nos.148, 665 and 299, Revenue (Ser(8(2) Department) and for a consequential direction to the respondents to sanction minimum pension to the petitioner in the post of V.A.O. 2. Heard Mr.H.Arumugam, learned counsel for the petitioner, Mr.K....
R. Prakasam Vs. The Authorised Officer/The Chief Manager, Tamilnad Mer ...
Court: Chennai Madurai
Decided on: Oct-25-2016
M. Sathyanarayanan, J. 1. By consent, the Writ Petition itself is taken up for final disposal. 2. The petitioner would aver among other things that he stood as a guarantor in respect of the financial assistance granted to M/s. Ve.En.Ar. Agencies, Madurai Road in Virudhungar by the Tamil Nadu Mercantile Bank Limited, to the tune of Rs. 3,50,000/-. The principal debtor committed default in payment of dues and the assets of the petitioner were classified as Non-performing Assets (NPA) on 21.06.2004 and thereafter, the first respondent bank has initiated action under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'SARFAESI'). The petitioner being the guarantor challenged the legality of the proceedings of the Bank before the Debts Recovery Tribunal, Madurai and had the benefit of interim orders regarding tender-cum-auction and sale fixed on 03.01.2008. However, the petitioner did not comply with the condition...
Kottar Elankadai Musliem Samudhaya Trust Represented by the President, ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree of the learned First Additional Sub Court, Nagercoil dated 26.07.2001 and made in A.S.No.12 of 2000 confirmed the judgment and decree made by the learned Principal District Munsif, Nagercoil, dated 20.08.1998 in O.S.No.409 of 1996.) 1. The plaintiff in the suit in O.S.No.409 of 1996 before the Principal District Munsif Court, Nagercoil, is the appellant in the above Second Appeal. 2. The appellant / plaintiff is a Trust and filed the suit for declaration that the assessment of property tax from the assessment year 01.10.1988 and the notice dated 08.01.1990 sent by the respondent / defendant in respect of the plaintiff's building bearing Door No.33/2-66F of Kottar Ilangadai Muslim Samuthaya Trust, are illegal. 3. The case of the appellant is that the appellant trust constructed a Thirumanamandapam in a property belonged to the trust and that the defendant municipality assigned door nu...
P. Meenakshi Sundaram Vs. Agricultural Production Commissioner and Sec ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of writ of Certiorari Mandamus, to call for the records on the file of the First Respondent in connection with the order passed by him in G.O.(M.S.)No.116, Agriculture (AM1) Department dated 08.07.2009 and quash the same to the extent of the recruitment to the post of watchman and to direct the respondents to regularize the service of the petitioner in the post of watchman in the Ramnad Marketing Committee, Virudhunagar or in any one of the 11 vacancies in the Virudhunagar District, considering the long experience and community status of the petitioner with effect from his initial date of appointment with monetary and service benefits.) The petitioner has filed this writ petition for issuance of Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in connection with the order passed by him in G.O.(M.S) No.116, Agriculture (AM1) Department dated 08.07.09 and qua...
P. Santhana Selvam Vs. T. Maria Amalitta Sindhuri
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the order made in I.A.No.135 of 2016 in S.M.O.P.No.83 of 2015, dated 18.7.2016, on the file of the Principal District Judge, Tuticorin.) 1. This revision has been filed seeking for a direction to set aside the order made in I.A.No.135 of 2016 in S.M.O.P.No.83 of 2015, dated 18.07.2016, on the file of the Principal District Judge, Tuticorin. 2. According to the Petitioner, the respondent/husband has filed a petition for divorce in S.M.O.P.No.83 of 2015 against the revision petitioner/husband and the same is pending. In the meantime, the revision petitioner/husband has filed I.A.No.135 of 2016 for interim custody of the Petitioner's son and the same was dismissed on 18.07.2016. The relief sought for in the said application is for interim custody of the son for one day i.e., on every Sunday, is dismissed by the Court below without considering the grievance of the Petition...
A. Uma Maheshwari Vs. R. Muthuraj
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the H.M.O.P.No.22 of 2016 pending on the file of Sub Court, Thoothukudi and to transfer the same to the file of Principal Sub Court, Nagercoil.) 1. The marriage between the petitioner and respondent has been solemnized on 06.04.2014 as per the Hindu rites and customs at Thoothukudi. Due to strained relationship between the parties, the petitioner was forced to leave the matrimonial home and now she is living along with her parents at Nagercoil. Out of the wedlock, a male child was born to her on 06.02.2015 and now the child is aged 1 years. The contention of the petitioner is that she filed Crl.M.P.No.1459 of 2016 before the Judicial Magistrate No.II, Nagercoil under the Domestic Violence Act and the same is pending. The respondent has filed a petition for divorce in H.M.O.P.No.22 of 2016 before the Subordinate Court at Thoothukudi. Therefore, the petitioner is unable spent time...
M/s. Oriental Insurance Company Limited, through its Divisional Manage ...
Court: Chennai Madurai
Decided on: Oct-24-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.63 of 2009, dated 16.08.2011, on the file of the Motor Accident Claims Tribunal - Subordinate Court, Paramakudi.) M. Sathyanarayanan, J. 1. The second respondent in M.C.O.P.No.63 of 2009 on the file of the Motor Accident Claims Tribunal cum Sub Court, Paramakudi, filed by the respondents 1 to 4 herein/claimants, is the appellant and challenging their liability to pay compensation and also questioning the quantum, had filed this Civil Miscellaneous Appeal. 2. The deceased is one Radhakrishnan, who was employed as a Senior Driver in the services of the Tamil Nadu State Transport Corporation (in short 'TNSTC'). On 11.03.2009, the deceased, in the course of his employment, was driving a bus belonging to the TNSTC bearing Registration No.TN-63-N-0907 from Kamuthi to Ramanathapuram and when the said bus was proceeding on Kamuthi Parthipanoor road at about 07.00 a.m. on 11.03...
Meena Vs. Athithanagai and Others
Court: Chennai Madurai
Decided on: Oct-24-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree passed in A.S.No.88 of 2010, dated 11.11.2010 on the file of the Additional Sub Court, Tirunelveli, confirming the judgment and decree dated 01.04.2009 passed in O.S.No.1350 of 2004 on the file of the First Additional District Munsif Court, Tirunelveli.) 1. The defendant in the suit in O.S.No.1350 of 2004 on the file of the First Additional District Munsif Court, Tirunelveli, is the appellant in this Second Appeal. 2. The case of the plaintiffs in O.S.No.1350 of 2004 is that the first plaintiff is entitled to 1/3rd share of her son by virtue of a settlement deed dated 07.05.2003. Similarly, the original owner namely D.Madasamy had executed a settlement deed in favour of the first plaintiff's son and plaintiffs 2 and 3 by virtue of settlement deed dated 23.06.1975. It is not in dispute that the 1/3rd share of the first plaintiff is derived on the basis of the alleged sett...
C. Soman Vs. The District Collector, Nagercoil, Kanyakumari District a ...
Court: Chennai Madurai
Decided on: Oct-24-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the impugned order in D.Dis.No.C3.1472/16 dated 13.07.2016 issued by the first respondent and quash the same.) M.V. Muralidaran, J 1. The petitioner has come forward with this writ petition as Public Interest Litigation seeking a prayer for the issuance of a Writ of Certiorari to call for the records relating to the impugned order in D.Dis.No.C3.1472/16 dated 13.07.2016 issued by the first respondent and quash the same. 2. The case of the petitioner is that the fifth respondent is putting up a new construction for church in R.S.No.774/8, 10-13 and 23 of Lakshmipuram Village, Kalkulam Taluk, Kanyakumari District. The said area falls within the Costal Regulation Zone. There is a notification, namely, Coastal Regulation Zone notification. As per regulation, no construction shall be permitted within Coastal Regulation Zone. The subject con...
Balakumar Vs. The Superintendent of Police, Trichy District, Trichy an ...
Court: Chennai Madurai
Decided on: Oct-24-2016
(Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of Suganthi, aged about 27 years, wife of the petitioner from the illegal custody of the respondents 3 and 4 before this Court and set her at liberty.) S. Nagamuthu, J. 1. The petitioner has come up with this Habeas Corpus Petition alleging that his wife Suganthi, aged bout 27 years, has been abducted by the respondents 3 and 4, who are her parents and kept in illegal custody by them. 2. In the affidavit filed in support of the petition, the petitioner has stated that as arranged by the elders, his marriage with Suganthi was celebrated on 15.09.2016. It is further stated in the affidavit that on the same day of the marriage, the respondents 3 and 4 and their relatives came to the Marriage Hall, where the marriage was celebrated, abused the petitioner in filthy language and by force, abducted Ms.Sug...
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