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Chennai Madurai Court December 2016 Judgments

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Dec 16 2016

M. Manikandan Vs. The Tahsildar, Trichy and Others

Court: Chennai Madurai

Decided on: Dec-16-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to take necessary action to measure the land at S.No.178/2 and S.No.178/2A in Thoppampatti Gillage, Trichy District.) 1. The Petitioner seeks for a Mandamus directing the respondents to measure the land at S.No.178/2 and S.No.178/2A in Thoppampatti Gillage, Trichy District. 2. Mr.A,Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. 3. By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4. It appears that the Petitioner has approached the second respondent on 16.6.2016 and paid certain fees for such purpose. The grievance of the Petitioner is that till date, the land has not been measured. 5. Therefore, without going into the merits of the claim made by the Petitioner, I only direct the second respondent to consider the request of the Petitioner and...


Dec 15 2016

K. Ramasamy Vs. Ayyasamy

Court: Chennai Madurai

Decided on: Dec-15-2016

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree dated 11.07.2014 made in A.S.No.13 of 2014 on the file of the Sub Court, Sankarankovil, confirming the judgment and decree dated 22.01.2014 made in O.S.No.45 of 2009 on the file of the Additional District Munsif Court, Sankarankovil and to dismiss the suit with costs.) 1. The defendant in the suit in O.S.No.45 of 2009 on the file of the Additional District Munsif Court, Sankarankovil, is the appellant in this Second Appeal. 2. The respondent herein filed a suit in O.S.No.45 of 2009 for permanent injunction restraining the appellant herein from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. The suit property is an extent of 2.21.0 Hectares equivalent to 5.46 acres in Survey No.72/1, Kuruvikulam Village and Panchayat, Kalugumalai Sub Registration District, Sankarankovil Taluk. 3. The case of the respondent in the plaint are as foll...


Dec 15 2016

Pichaimmal and Another Vs. Arulmighu Bhadrakali Amman Temple, Kanjampu ...

Court: Chennai Madurai

Decided on: Dec-15-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decretal order, dated 21.07.2016, made in I.A.No.102 of 2016 in O.S.No.165 of 2010, on the file of the Subordinate Court, Kuzhithurai.) 1. This Civil Revision Petition has been filed against the order and decretal order, dated 21.07.2016, made in I.A.No.102 of 2016 in O.S.No.165 of 2010, on the file of the Subordinate Court, Kuzhithurai. 2. Facts of the case: (i) The petitioners are the defendants 11 and 12 and the respondents 1 to 4 are the plaintiffs in the suit in O.S.No.165 of 2010 on the file of Subordinate Court, Kuzhithurai. The respondents 1 to 4 filed the suit for framing a scheme decree for administration of the first respondent Temple. (ii) The petitioners filed written statement on 14.02.2013 supporting the claim of the plaintiffs. The defendants 5 to 7 also filed written statement in the month of June 2012. According to the petitioners, they also filed I.A.No.102 of...


Dec 15 2016

P. Sankaran and Another Vs. The Tahsildar, Thoothukudi and Others

Court: Chennai Madurai

Decided on: Dec-15-2016

(Prayer in W.P(MD)No.24021 of 2016: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from issuing Crop Insurance Certificate to other unknown persons for the Petitioner's agricultural land measuring an extent of 9.52.0 hectares and 5.66.0 hectares comprised in S.Nos.4 and 5 situated in Theivaseyalpuram, Thoothukudi District stands in patta No.31 within the time limit fixed by this Court by considering his representation dated 6.10.2016 sent by him to the first and second respondents. Prayer in W.P(MD)No.24022 of 2016: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from issuing Crop Insurance Certificate to other unknown persons for the Petitioner's agricultural land measuring an extent of 5.880 hectares comprised in S.No97/3 situated in Theivaseyalpuram, Thoothukudi District stands in patta No.31 with...


Dec 15 2016

S. Nethaji Vs. Vasuki

Court: Chennai Madurai

Decided on: Dec-15-2016

(Prayer: Civil Revision Petition filed under Section 115 C.P.C., against the order, dated 27.01.2016, made in I.A.No.168 of 2010 in H.M.O.P.No.66 of 2004, on the file of the Subordinate Court, Devakottai.) Order: 1. This Civil Revision Petition has been filed against the order, dated 27.01.2016, made in I.A.No.168 of 2010 in H.M.O.P.No.66 of 2004, on the file of the Subordinate Court, Devakottai. 2. The petitioner is the respondent in H.M.O.P.No.66 of 2004 on the file of the Subordinate Court, Devakottai. The respondent filed the said H.M.O.P., for divorce on the ground of cruelty. 3. Facts of the case: (i) The petitioner was set ex-parte and ex-parte decree was passed on 10.01.2005. The petitioner filed I.A.No.68 of 2010 under Section 5 of the Limitation Act, to condone the delay of 1855 days in filing petition to set aside the ex-parte decree. According to the petitioner, he was residing at Chennai and he suffered heavy loss in the business and therefore, he suffered mentally and he ...


Dec 15 2016

Palani Kunnakudi, Samudrapatti Annadhana Madam Vs. S. Venkataramanan

Court: Chennai Madurai

Decided on: Dec-15-2016

1. This Review Application has been filed by the Appellant in S.A.No.1375 of 1996, to reconsider the Judgment dated 11.10.2007. 2. The petitioner filed O.S.No.872 of 1991 on the file of the Principal District Munsif Court, Dindigul against the respondent for declaration of title in respect of 14 cents of land in Survey No.136/2, Samudrapatti Village, Natham Taluk, Dindigul District, for recovery of possession and for mandatory injunction to remove the superstructure put up by the respondent. According to petitioner, an extent of 1 acre 42 cents of land comprised in S.No.136/2, Samudrapatti Village, Natham Taluk, Dindigul District, belonged to petitioner Trust and putup the superstructure and they are in possession and enjoyment of the same. The respondent was permitted to occupy 14 cents in the said property. The permission so granted was revoked subsequently by the notice dated 1.3.1989 and the respondent was called upon to demolish the construction putup by him and deliver vacant pos...


Dec 15 2016

M. Baluy and Others Vs. The State of Tamil Nadu, represented by its Se ...

Court: Chennai Madurai

Decided on: Dec-15-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 22.09.2015 to issue free house pattas on the basis of the provision of House Site Patta to the landless Adhi Dravida People Scheme.) 1. The Petitioner seeks for a direction to the respondents to consider the Petitioner's representation dated 22.09.2015 to issue free house pattas on the basis of the provision of House Site Patta to the landless Adhi Dravida People Scheme. 2. Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents. 3. By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4. The grievance of the Petitioner is that the above said representation submitted by the Petitioner to issue free house pattas on the basis of the provision of House Site Patta to the landless Adhi Dravida People ...


Dec 15 2016

K. Lakshiammal and Others Vs. P. Annapushpam

Court: Chennai Madurai

Decided on: Dec-15-2016

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree made in A.S.No.3 of 2007, dated 04.03.2008 on the file of the Principal Subordinate Judge, Tenkasi, confirming the judgment and decree made in O.S.No.103 of 2002, dated 22.11.2006, on the file of the Additional District Munsif, Tenkasi.) 1. The defendants 1 to 17 in the suit in O.S.No.103 of 2002 on the file of the Additional District Munsif Court, Tenkasi, are the appellants in the above Second Appeal. 2. The respondent in this appeal filed a suit in O.S.No. 103 of 2002 for declaration that the plaintiff is entitled to the suit second schedule property and for consequential injunction restraining the defendants from interfering with her peaceful possession and enjoyment of the suit property. The first schedule property has been described as a punja land measuring an extent of 3.85 acres in Survey No.315 in Alangulam Village, Tenkasi Taluk. The second schedule is an extent of 96 c...


Dec 15 2016

Fausiza S. Kabir Vs. The Secretary, Madurai Hosiery Industries Associa ...

Court: Chennai Madurai

Decided on: Dec-15-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order, dated 19.10.2016, made in I.A.No.592 of 2016 in O.S.No.343 of 2009, on the file of the District Munsif Court, Melur.) 1. This Civil Revision Petition has been filed against the fair and decretal order, dated 19.10.2016, made in I.A.No.592 of 2016 in O.S.No.343 of 2009, on the file of the District Munsif Court, Melur. 2. The petitioner is the plaintiff and the respondent is the first defendant in the suit in O.S.No.343 of 2009 on the file of the District Munsif Court, Melur. 3. Facts of the case:- (i) The petitioner filed the suit for declaration that she is the owner of the suit property; for a direction to the third defendant to deliver vacant possession; and for mandatory injunction directing the defendants 1 to 3 to deliver the original sale deed of the suit property, dated 02.02.1994, registered as Document No.177/94 on the file of the Sub-Registrar, Thamaraip...


Dec 15 2016

T. Arumugasamy Vs. The District Collector, Virudhunagar and Others

Court: Chennai Madurai

Decided on: Dec-15-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the the respondents 1 to 3 to inspect the Plastic Bottle Manufacturing Unit established by the fourth respondent in the residential area I.e., at D.No.6/1258, Indra Nagar, Sivakasi East, Sivakasi Taluk, Virudhunagar District and to take necessary action to shift the same to the industrial area by considering the representation of the Petitioner, dated 1.6.2016.) 1. The Petitioner seeks for a direction to the respondents 1 to 3 to take action against the fourth respondent for running the Plastic Bottle Manufacturing Unit, which according to the Petitioner causes pollution and therefore, it has to be shifted to the industrial area. 2. Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents 1 and 2. 3. By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4. Ventilating...


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