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Chennai Madurai Court December 2016 Judgments

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Dec 22 2016

Franklin D. Paul @ Paulkutty, Secretary, St. James Sports Club, Chitha ...

Court: Chennai Madurai

Decided on: Dec-22-2016

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order dated 22.12.2015 made in W.P.(MD)No.22472 of 2015.) M.V. Muralidaran, J. 1. The 7th respondent in the writ petition in W.P.(MD)No.22472 of 2015 is the appellant before this Court. Challenging the order in W.P.(MD)No.22472 of 2015 dated 22.12.2015 passed by the learned Single Judge of this Court, so far as the finding relating to the TDTA, Middle School at Chidambarapuram is concerned. 2. The first respondent Mr.P.Stalin, who is the writ petitioner has filed the writ petition in W.P.(MD)No.22472 of 2015 before the learned Single Judge for issuance of Writ of Mandamus directing the respondents 1 to 6 herein not to grant any permission to the 7th respondent or his men to hold any religious cultural activities or any other events scheduled to commence from 22.12.2015 to 01.01.2016 at Middle School, TDTA Ground, Chidambarapuram Village situated in Old Ward No.2, (New Ward No.5) in Survey No.83, Palavoor Village P...


Dec 21 2016

V. Easwaran and Others Vs. The Sub Registrar, O/o the Sub Registrar, N ...

Court: Chennai Madurai

Decided on: Dec-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 3 to consider the representation dated 29.10.2010 and 29.08.2016 by the first petitioner and to annul all documents registered in contravention of the provisions circulated in circular No.67C No.52338/C1/2011 dated 03.11.2011 by the third respondent.) 1. This writ petition is filed seeking for a Mandamus directing the respondents 1 to 3 to consider the representations of the petitioner dated 29.10.2010 and 29.08.2016 to annul documents registered in contravention of the provisions circulated in Circular No.67C No.52338/C1/2011 dated 03.11.2011. 2. Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents 1 to 3. Though notice was privately served on the respondents 4 to 16, they have not chosen to appear before this Court and their names are printed in the cause list. 3. It is see...


Dec 21 2016

V. Paul Vs. The District Collector, Nagercoil, Kanyakumari District an ...

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents NO. 1 to 3 to take action against the 4th respondent for establishing and unauthorised church causing air pollution and pass such other orders.) 1. When the matter was listed on 20.12.2016 for hearing, there was no representation for the petitioner and therefore, it was posted today under the caption 'for dismissal'. Even today, there is no representation on behalf of the petitioner. Hence, this writ petition is dismissed for default. No costs....


Dec 21 2016

A. Manickavel Vs. The District Collector, Tuticorin District, Tuticori ...

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for records relating to the impugned proceedings of the second respondent in Na.Ka.No.429/2016 Tamil dated 21.06.2016 and the impugned proceedings in Na.Ka.No.429/2016 Tamil dated 08.11.2016 and quash the same as illegal and consequently forbear the respondents from taking any coercive action against the petitioner's building in Survey No.4257/59/2 and 4258/26/1, Block No.35, Ward No.4, Tuticorin, pending disposal of the retention application preferred by the petitioner dated 28.11.2016 under Section 56(3) of the Tamil Nadu Town and Country Planning Act, 1971.) A. Selvam, J. This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the notices issued by the second respondent in Na.Ka.No.429/2016 Tamil dated 21.06.2016 and Na.Ka.No.429/2016 Tamil dated 08.11.2016 and quash the s...


Dec 21 2016

J. Antonyraj Vs. The District collector, Tuticorin, Tuticorin District ...

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to issue suitable directions to the 2nd and 3rd respondents herein to remove the obstructions and encroachments in Survey No. 112 and 128 situated at Tuticorin, Loorthammalpuram, Tuticorin District based on the petitioner's representation dated 25.11.2014 which was posted on RPAD on 15.12.2014.) 1. This writ petition is filed seeking for a Mandamus directing the first respondent to issue suitable directions to the 2nd and 3rd respondents to remove the obstructions and encroachments in Survey Nos. 112 and 128 situated at Tuticorin Loorthammalpuram, Tuticorin District, based on the petitioner's representation, dated 25.11.2014. 2. The grievance of the petitioner is that the respondents 5 and 6 have made some encroachments in a road and therefore, such encroachments have to be removed by the official respondents. 3. In the counter affidavit filed by the r...


Dec 21 2016

The Branch Manager, The New India Assurance Company Ltd., Coimbatore V ...

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, praying to set aside the award and decree dated 05.01.2011 made in M.C.O.P.No.266 of 2009 on the file of the Motor Accidents Claims Tribunal, Kulithalai.) R. Subbiah, J. This appeal has been filed by the Insurance Company challenging the compensation of Rs.15,41,000/- awarded by the Tribunal in M.C.O.P.No.266 of 2009, dated 05.01.2011, as against claim of Rs.25,00,000/- made by the respondents 1 to 3 herein, who are father and sisters respectively of the deceased Sivakumar. 2. Since the present appeal has been filed only questioning the quantum of compensation awarded by the Tribunal, this Court is of the view that it is not necessary to deal with the other aspects of the award. 3. It is the case of the respondents 1 to 3 / claimants in respect of quantum of compensation before the Tribunal that the deceased Sivakumar was working as a Manager in a Mobile Store Services Private Limited ...


Dec 21 2016

Beer Mohammed and Others Vs. State rep by the Inspector of Police, Din ...

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records pertaining to the proceedings in C.C.No.20 of 2010 on the file of the Judicial Magistrate No.III, Madurai and quash the same as illegal.) 1. This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in C.C.No.20 of 2010 on the file of the learned Judicial Magistrate No.III, Madurai. 2. The case of the prosecution is that on 04.01.2009 at about 06.30 a.m. in K.K.Nagar, Sundaram Theater, Madurai, a van bearing Registration No.TN 59 W 4722 was intercepted and on inspection of the vehicle, it was found out with 45 chippams of P.D.S Rice (each 50 kgs.) and the petitioners/A1 and A2 were arrested on the spot along with P.D.S rice on their confession statements, the 3rd petitioner/A3 was arrayed as an accused. 3. The foremost contention of the learned counsel for the petitioners is that the certificate issued by the quality insp...


Dec 21 2016

T. Boominathan Vs. The Tashildar, Trichy

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the Application, dated 15.10.2016, sent by the petitioner to the respondent and issue patta in favour of the petitioner for the piece and parcel of land in S.No.74, 75 and 78 bearing plot No.A-16/5, situated at Thilai nagar 1st cross street, Trichy.) 1. The petitioner seeks for a direction to the respondent to consider his application, dated 15.10.2016, wherein and whereby he wants issuance of patta in his name for the land referred to in this writ petition. 2. Needless to say that it is for the respondent to consider the said request on merits and in accordance with law and pass orders also by hearing rival claimants, if any. Therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner. 3. Accordingly, this writ petition is disposed of only by directing the respondent to consider the representation of th...


Dec 21 2016

Sheikmeeran and Others Vs. State rep by the Inspector of Police, Madur ...

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records pertaining to the proceedings in C.C.No.39 of 2009 on the file of the Judicial Magistrate No.III, Madurai and quash the same as illegal.) 1. This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in C.C.No.39 of 2009 on the file of the learned Judicial Magistrate No.III, Madurai. 2. The case of the prosecution is that on 17.12.2009 at about 14.45 hrs, in Melur to Alagarkovil Road, Pallavarayanpatti, near thatched shed of A1/Sheik Meeran, a load van bearing Registration No. TN 69 B 6042 was found in possession of 80 chippams of PDS boiled rice and then, on the western side of the thatched shed room another 310 chippams of boiled PDS rice and further on the eastern side thatched shed room another 900 chippams of boiled PDS rice were seized. All the above said stated PDS rice bags were seized in the presence of Revenue Of...


Dec 21 2016

V. Kesavan Vs. Ramesh Chand Meena, Secretary to Government of Tamil Na ...

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Contempt Petition filed under Article 11 of Contempt of Courts Act, praying this Court to punish the respondents for their delberate and wilful disobedience of the order passed by this Court in W.P(MD)No.7355 of 2014 dated 30.6.2014) 1. It is represented by both sides that the order passed in the above Writ Petition has been complied with by passing G.O.No.439, Rural Development and Panchayat Raj(U.Aa.4) Department, dated 19.10.2016 and also produced a copy of the same before this Court. 2. Recording the above said submission, the Contempt Petition is closed....


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