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Chennai Madurai Court February 2016 Judgments

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Feb 25 2016

G. Nagendran Vs. Secretary to Government Corporation and Others

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer:Review Application is filed under Order 47, Rule 1, read with Section 114 of C.P.C. against the order dated 17.04.2014 in M.P.(MD).No.50553 of 2010.) Common Order S. Manikumar,J. 1. M.P.(MD).No.2 of 2014 is filed by the Secretary to Government, Cooperation, Food and Consumer Protection Department, Chennai, and 3 others, to condone the delay of 278 days in filing W.A.(MD).No.SR50553 of 2010. Appeal is against the order made in W.P.(MD).No.1151 of 2009, dated 17.11.2009, by which a learned single Judge has set aside the punishment imposed by the Government in G.O.(1)No.215 Cooperation Food and Consumer Protection (CLI) Department, which exercised suo motu power provided under Rule 36 of the Tamil Nadu Civil Service (Discipline and Appeal) Rules. 2. Contentions of the appellants in W.A.(MD).No.Sr50553/2010 is that the State Government may at any time suo motu review the orders passed by the subordinates, and the period of limitation is not restricted to six months. 3. M.P.(MD).No....


Feb 25 2016

P. Ramkumar Adityan Vs. The Superintendent of Police, Tuticorin and An ...

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to array the driver concerned of a Omni Bus, namely, Texcity Travels, which is running between Coimbatore and Udankudi as accused in Crime No.165 of 2015 on the file of the 2nd respondent police considering the petitioner's representation dated 10.08.2015.) 1. This petition has been filed to direct the 2nd respondent to array the driver concerned of a Omni Bus, namely, Texcity Travels, which is running between Coimbatore and Udankudi as accused in Crime No.165 of 2015 on the file of the 2nd respondent police considering the petitioner's representation dated 10.08.2015. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side). 3. It is seen that this petitioner met with an accident, in connection with which, a case in Crime No.165 of 2015 under Sections 279 and 337 IPC has been registered on 09.06.2015 by the respondent police, on the complaint given...


Feb 25 2016

J. Sagaya Arokia Nayagi and Others Vs. State and Another

Court: Chennai Madurai

Decided on: Feb-25-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to dispose of the case pending in C.C.No.166 of 2008 on the file of the learned Judicial Magistrate No.II, Thiruchirappalli within a period of 3 months.) 1. This petition has been filed to direct the respondent to dispose of the case pending in C.C.No.166 of 2008 on the file of the learned Judicial Magistrate No.II, Thiruchirappalli within a period of 3 months. 2. Heard the learned counsel for the petitioners and the learned Government Advocate(Cr.side) appearing for the respondent and perused the materials placed on record. 3. It is seen that FIR in this case was registered on 09.10.2003 and after completing the investigation, the respondent police have filed a final report in C.C.No.166 of 2008 against 17 accused before the learned Judicial Magistrate No.II, Trichirappalli. While so, the proceedings against A5, A11, A12, A14, A15, A16 and A17 were quashed by this Court. Now there ...


Feb 24 2016

Amathu Jappar Fathima and Others Vs. Fazilla Azad and Others

Court: Chennai Madurai

Decided on: Feb-24-2016

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to struck off the plaint in O.S.No.95 of 2015 on the file of the Sub Court, Ramanathapuram.) The petitioners are the defendants and the respondents are the plaintiffs in the suit. The respondents filed a suit in O.S.No.95 of 2015. The petitioners filed the present C.R.P under Article 227 of the Constitution of India to struck off the plaint in O.S.No.95 of 2015 on the file of the Subordinate Court, Ramanathapuram. 2. The petitioners filed a suit in O.S.No.91 of 2015 on the file of the Subordinate Court, Ramanathapuram for a declaration and permanent injunction that the suit property belongs to them and for temporary injunction restraining the respondents and their agents from interfering with their possession and enjoyment of the suit property. They also filed I.A.No.378 of 2015 for temporary injunction restraining the respondents from interfering with their possession till the disposal of the sui...


Feb 24 2016

Raja @ Chellaraja and Others Vs. State rep. by the Inspector of Police ...

Court: Chennai Madurai

Decided on: Feb-24-2016

(Prayer: Criminal Appeals are filed under Section 374 of the Code of Criminal Procedure, 1973, against the Judgment dated 29.10.2013 passed in Sessions Case No.18 of 2010 by the First Additional District and Sessions Court, Madurai.) Common Judgment A. Selvam, J. 1. These Criminal Appeals have been directed against the convictions and sentences dated 29.10.2013 passed in Sessions Case No.18 of 2010 by the First Additional District and Sessions Court, Madurai. 2. The case of the prosecution is that due to previous animosity on 03.05.2009 at about 07.40 p.m., in Nehru Nagar, Vilangudi in front of the house of one Periyasamy, the second accused has abetted the first accused to murder the deceased by name Karuppasamy. The first accused has tried to attack the deceased Karuppasamy and at that time one Muthu has tried to deter him, but the second accused has caught hold of him. The first accused has attacked one Bhuvaneswari and thereby caused injury on her person. During the course of occur...


Feb 24 2016

Sundar Vs. The Superintendent of Police, Theni and Another

Court: Chennai Madurai

Decided on: Feb-24-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2nd respondent herein to accord necessary permission to conduct the Kabadi Tournament from 26.2.2016 6p.m to 11p.m on 27.2.2016 and from 6 a.m to 4 p.m on 28.2.2016 at the Play Ground situated before Muthumariamman Kovil, Satyanagar, Odaipatti, Uthamapalayam Taluk, Theni District by providing necessary police protection by considering petitioner's representation dated 18.02.2016.) 1. This writ petition has been filed, seeking a direction to the 2nd respondent herein to accord necessary permission to conduct the Kabadi Tournament from 26.2.2016 6p.m to 11p.m on 27.2.2016 and from 6 a.m to 4 p.m on 28.2.2016 at the Play Ground situated before Muthumariamman Kovil, Satyanagar, Odaipatti, Uthamapalayam Taluk, Theni District by providing necessary police protection by considering petitioner's representation dated 18.02.2016. 2. Learned counsel for the petitioner woul...


Feb 24 2016

The Executive Officer, Virudhunagar District Vs. Solaiappan

Court: Chennai Madurai

Decided on: Feb-24-2016

(Prayer: Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.420 of 2012 dated 03.01.2013.) S. Manikumar, J. 1. Challenge in this appeal, is to an order, passed in W.P(MD)No.420 of 2012 dated 03.01.2013, by which a learned single Judge, has issued a Mandamus, directing the appellants, to reinstate the respondent, in service forthwith, with continuity of service and backwages. Writ Court has further directed that the order of reinstatement in service, should be passed, within two months from the date of receipt of a copy of the abovesaid order. 2. Facts deduced from the material on record, are that the respondent, Sanitary Supervisor, Mamsapuram Town Panchayat, has been charged under Sections 120(B), 167, 467, 471, 467, 409, 477(A) IPC and Section 5(2) r/w 5(1)(c) and (d) of the Prevention of Corruption Act, 1988, in C.C.No.872 of 1995, on the file of the learned Special Judge cum Chief Judicial Magistrate, Srivilliputhur, Virudhunagar, and vide judgment,...


Feb 24 2016

V. Appavoo Vs. The Commissioner for Milk Production and Dairy Developm ...

Court: Chennai Madurai

Decided on: Feb-24-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus by calling for the records of the second respondent issued in his proc. Na.Ka.No.2560/Nir/08-2 dated 18.09.2008 and quash the same and further direct the respondents to regularize the services of the petitioner with effect from the date of his initial appointment (i.e.) from 16.08.1987 and further direct them to give all services and monetary benefits.) 1. This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus by way of calling for the records of the second respondent pertaining to the order passed in Na.Ka.No.2560/Nir/08-2 dated 18.09.2008 and quash the same and also direct the respondents to regularize the service of the petitioner with effect from 16.08.1987, date of his appointment and also direct the respondents to give all monetary benefits. 2. It is averred in the ...


Feb 24 2016

P.O.A. Murugesan Vs. The Superintendent of Police, Virudhunagar and Ot ...

Court: Chennai Madurai

Decided on: Feb-24-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 1st and 2nd respondents to take departmental action against the 3rd respondent and to file the action taken report, considering the petitioner's complaint dated 26.02.2015 and the subsequent representation dated 22.12.2015.) 1. This writ petition has been filed, seeking a direction to the 1st and 2nd respondents to take departmental action against the 3rd respondent and to file the action taken report, considering the petitioner's complaint dated 26.02.2015 and the subsequent representation dated 22.12.2015. 2. On reading of the complaint, it is seen that this petitioner has lodged complaints dated 26.02.2015 and 22.12.2015 to the official respondents and now, he has come up with this petition, seeking for a writ of mandamus, directing the 1st and 2nd respondents to take departmental action against the 3rd respondent. 3. In the considered opinion of this Court, ...


Feb 24 2016

Rengaraj Vs. The Superintendent of Police, Trichy and Others

Court: Chennai Madurai

Decided on: Feb-24-2016

(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 and protection to perform Dance Programme (Aadal Padal) at 15.03.2016 and cultural Dance Programme (Karagattam) at 16.03.2016 in the festival event of "Om Siva Sri Angala Parameshwari Petchi Andavar PEtchi Amman Kovil" situated at Malvai Village Lalgudi Taluk Trichy District pursuant to the representation dated 09.02.2016.) 1. This writ petition has been filed, seeking a direction to the respondents to grant permission and protection to perform Dance Programme (Aadal Padal) on 15.03.2016 and cultural Dance Programme (Karagattam) on 16.03.2016 in the festival event of "Om Siva Sri Angala Parameshwari Petchi Andavar Petchi Amman Kovil" situated at Malvai Village Lalgudi Taluk Trichy District pursuant to the representation dated 09.02.2016. 2. Learned counsel for the petitioner would submit that the villagers jointly decided to condu...


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