Chennai Madurai Court October 2016 Judgments
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M. Viashnavi Vs. C. Sathish Kumar
Court: Chennai Madurai
Decided on: Oct-21-2016
(Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw the case in H.M.O.P.No.142 of 2015 on the file of the Subordinate Judge, Aruppukkottai and transfer the same to the file of the Subordinate Court, Theni for disposal of the same on merits and in accordance with law.) Order: S.M. Subramaniam, J. 1. The present petition is filed seeking to withdraw the case from the file of the Subordinate Court, Aruppukkottai in H.M.O.P.No.142 of 2015 and transfer the same to the file of the Subordinate Court, Theni. 2. The marriage between the petitioner and respondent was solemnized on 03.03.2014, as per the Hindu Rites and Customs. 3. The contention of the petitioner is that misunderstanding arose between them and she was forcibly made to leave the matrimonial home and now she is residing with her parents. The petitioner filed H.M.O.P.No.114 of 2015 before the Subordinate Court, Theni for restitution of conjugal rights and on receipt of notice, the respondent filed H.M.O.P.N...
P. Suresh Vs. The District Collector, Madurai District and Others
Court: Chennai Madurai
Decided on: Oct-21-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to take action to shift the fifth respondent - Bottle Company, from the residential area at Singarayar Colony 1st Street, Narimedu, Madurai-2, within a time limit to be fixed by this Court and thereby, prevent the health hazard and injury being caused to the residents and passers of the area.) S. Nagamuthu, J. 1. This is a Public Interest Litigation. The petitioner is a resident of Singarayar Colony in Narimedu, Madurai. The fifth respondent is presently running a business establishment at 28/2A, Singarayar Colony, South Street, Narimedu, Madurai, wherein, according to the petitioner, the fifth respondent brings huge quantity of broken bottles, crushed the same and then, transported the same to various destinations. As a result, according to the petitioner, lot of nuisance is caused as the said processing causes great health hazard to the people l...
Sornabai and Another Vs. Monickaraj and Others
Court: Chennai Madurai
Decided on: Oct-21-2016
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code to set aside the order made in I.A.No.49 of 2007 in A.S.SR.No.2062 of 2007, dated 31.7.2007, on the file of the Principal Subordinate Judge, Nagercoil.) 1. This revision has been filed seeking for a direction to set aside the order made in I.A.No.49 of 2007 in A.S.SR.No.2062 of 2007, dated 31.7.2007, on the file of the Principal Subordinate Judge, Nagercoil. 2. According to the Petitioners, the Petitioners have filed a suit in O.S.No.792 of 2000 before the I Additional District Munsif Court, Nagercoil for permanent injunction against the defendants in respect of the suit schedule properties and the same was dismissed on 16.11.2015. Aggrieved against the same, the Petitioners have filed an appeal in A.S.SR.No.2062 of 2007 along with an application under Section 5 of the Limitation Act to condone the delay of 362 days in filing the appeal. The said application was allowed on payment of costs of Rs.500/- ...
The South India Road Milk Transport rep by its Proprietor N.Vaidhyanat ...
Court: Chennai Madurai
Decided on: Oct-21-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned order dated 04.10.2014 and made in Ref.No.2211/PandI/12, by the first respondent and quash the same.) Challenging the order passed by the first respondent blacklisting the petitioner company for a period of three years, the present writ petition has been filed. 2. According to the petitioner, the petitioner is operating milk tanker lorries on hire basis to the respondent co-operative milk producers union. Originally, the contract was awarded by the first respondent cooperative milk producers Union, for transporting their milk to the Tamil Nadu Co-operative Milk Producers Federation Ltd., Chennai. The contract commenced on 13.08.2012 and it expired on 29.08.2014. But by way of interim arrangement, the petitioner company was allowed to continue beyond 29.08.2014, by a mutual consent for a period of six months or till finalis...
Michael Vs. Peter Raj
Court: Chennai Madurai
Decided on: Oct-21-2016
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code praying this Court to set aside the fair and decretal order made in E.P.No.5 of 2013 in O.S.No.42 of 2011, dated 22.8.2016, on the file of the District Munsif, Sathankulam.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in E.P.No.5 of 2013 in O.S.No.42 of 2011, dated 22.8.2016, on the file of the District Munsif, Sathankulam. 2. The respondent herein filed a suit in O.S.No.42 of 2011, on the file of the District Munsif Court, Santhankulam against the revision Petitioner for declaration, permanent injunction and for recovery of possession. The aforesaid suit was decreed in favour of the respondent herein. Hence, the Petitioner preferred an appeal in A.S.No.51 of 2014 along with I.A.No.212 of 2016 for stay and the same is pending before the Sub-Court, Thoothukudi. In the meantime, the respondent filed E.P.No.5 of 2013, on the file of the District Mu...
S.M. Sheik Fareeth Vs. The General Manager (LPG) Tamil Nadu State Offi ...
Court: Chennai Madurai
Decided on: Oct-21-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed in REF:MAO/539/10 dated 16/02/2011 on the file of the 2nd respondent and quash the same and further direct the respondents to give letter of intent to the petitioner for distributorship under the (Rajiv Gandhi Grama LPG Vidarag)RGGLV scheme for Idaykakottai Oddanchatram Taluk Dindigul District.) Challenging the order passed by the second respondent dated 16.02.2011, declaring that the petitioner is ineligible for award of Rajiv Gandhi Grama LPG Vitarak (RGGLV) distributorship at Idayakottai, the present writ petition has been filed. 2. According to the petitioner, the second respondent issued notification calling for applications for appointing distributors for LPG under Rajiv Gandhi Grammin LPG Vitarak Yojna (RGGLV) at various places in Tamil Nadu. Pursuant to the same, the petitioner applied for...
M. Sangiah Vs. R. Mahalingam
Court: Chennai Madurai
Decided on: Oct-20-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to allow the second appeal and set aside the judgment and decree dated 01.12.2014 made in A.S.No.24 of 2014 on the file of Principal Subordinate Court, Madurai, confirming the judgment and decree dated 26.04.2013 made in O.S.No.597 of 2004 on the file of District Munsif Court, Madurai Taluk.) 1. The defendant in the suit in O.S.No.597 of 2004 on the file of the District Munsif Court, Madurai Taluk, is the appellant in the above second appeal. 2. The respondent in this appeal, as plaintiff, filed a suit in O.S.No.579 of 2004, for permanent injunction restraining the appellant from in any way interfering with his peaceful possession and enjoyment of the suit property. The suit property is an extent of about 1045 square feet comprised in Survey No.143/4A2E corresponding to old Re-Survey No.129/4A2L. 3. The case of the plaintiff / respondent is that he is in physical possession and enjoyment of the suit propert...
Dr. Adul Kalam Ilaignar Munnetra Peravai, Rajapalayam Rep. By its Pres ...
Court: Chennai Madurai
Decided on: Oct-20-2016
(Prayer: The Writ Appeals are filed under Clause 15 of the Letters Patent against the common order dated 09.09.2016 made in W.P.(MD) No/11009 of 2016 and W.M.P.(MD) No.8488 of 2016.) M. Sathyanarayanan, J. 1. By consent, this Writ Appeal is taken up for final disposal. The writ petitioner is the appellant. It is a registered Association under the Tamilnadu Societies Act, bearing Registration No.30/16. The President of the appellant Association filed an affidavit in support of the writ petition and it has been stated that the members are residing at R.Reddiapatti Village and Mettur @ Sundarajapuram Village and both villagers are under the control of R.Reddiapatti Village Panchayat for several years, which is situated under Rajapalayam Taluk and the said village is only 11 kms away from Rajapalayam Taluk and there is frequent transport facility from R.Reddiapatti Village for having access to Government Hospitals, Schools, Colleges and other Commercial Institutions etc. 2. The petitioner ...
Thilrasbanu Vs. Sulthan and Others
Court: Chennai Madurai
Decided on: Oct-20-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the fair and decretal order made in I.A.No.27 of 2016 in O.S.No.11 of 2011, dated 17.3.2016, on the file of the District Munsif, Mudukulathur.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in I.A.No.27 of 2016 in O.S.No.11 of 2011, dated 17.3.2016, on the file of the District Munsif, Mudukulathur. 2. According to the Petitioner, the first respondent herein filed a suit in O.S.No.11 of 2011 before the learned District Munsif, Mudukulathur for declaration and injunction against the respondents 3 and 4 and the above said suit is pending before the said Court. While so, the Petitioner herein has filed an impleading application in I.A.No.27 of 2016 in O.S.No.11 of 2011 to implead himself as third respondent in the main suit. According to the Petitioner, that in the aforesaid suit, the Petitioner's property is also sho...
Rajendran Vs. Manimala
Court: Chennai Madurai
Decided on: Oct-20-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Sub-Judge, Pudukkottai to dispose of H.M.O.P.No.89 of 2013 within the time frame fixed by this Court.) 1. This revision has been filed seeking for a direction to the Sub-Judge, Pudukkottai to dispose of H.M.O.P.No.89 of 2013 within the time frame fixed by this Court. 2. The Petitioner herein filed H.M.O.P.No.89 of 2013 for divorce before the Sub-Court, Pudukkottai against the respondent herein. The said H.M.O.P was filed in the year 2013. The respondent filed counter statement in the month of October 2014.The Petitioner's side evidence commenced on 8.1.2015 and thereafter posted for cross-examination on 9.1.2015. Thereafter, the said case is adjourned from time to time and finally posted on 14.09.2016 and that the said H.M.O.P is pending before the trial Court for the past three years before the trial Court. Hence the Petitioner has come forward with the present Civil...