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Chennai Madurai Court March 2016 Judgments

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Mar 30 2016

Saraswathi Vs. Pothi Raj

Court: Chennai Madurai

Decided on: Mar-30-2016

(Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order, dated 21.07.2010, made in I.A.No.350 of 2010 in O.S.No.106 of 2008, on the file of the District Munsif Court, Virudhunagar.) This Civil Revision Petition has been filed against the fair and decretal order, dated 21.07.2010, made in I.A.No.350 of 2010 in O.S.No.106 of 2008, on the file of the District Munsif Court, Virudhunagar. 2. The petitioner is the plaintiff and the respondent is the defendant. The petitioner filed the Suit in O.S.No.106 of 2008 for declaration and permanent injunction. The respondent filed written statement and contesting the suit and trial was commenced. The petitioner was examined as PW1 and marked documents. She was cross-examined. The respondent filed I.A.No.350 of 2010 for impounding Ex.A3, which is an agreement of partition and to delete the evidence of the petitioner, with regard to the said document and her marriage. According...


Mar 30 2016

P. Sadaiyan Vs. The Commissioner, Theni District

Court: Chennai Madurai

Decided on: Mar-30-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the Respondent in Na.Ka.No.0007/2015/B2 dated 22.03.2016 and in Na.Ka.No.0007/2015/B2 dated 24.03.2016 and quash the same and consequently permit the petitioner to pay the lease amount of collecting charges in weekly market Cumbum for the year 2016-2017 in six instalment.) 1. This Writ Petition is filed challenging the order dated 24.03.2016, whereby, his request for extension of lease was rjected. 2. The Writ Petitioner is the successful bidder for the year 2015-2016 and he did not comply with the conditions stipulated in the auction, namely, the payment of the lease amount, service amount and income tax amount. Though the amount is Rs.22,00,000/- lakh and odd, the petitioner has paid only Rs.19,00,000/- lakh and odd. In the meanwhile, the first year gets expired on 31.03.2016 and the petition...


Mar 29 2016

R. Chandra Sekar and Another Vs. The State Rep. by The Inspector of Po ...

Court: Chennai Madurai

Decided on: Mar-29-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to complete the investigation and to file a final report in Crime No.372 of 2014 on the file of the respondent police within a time frme in the interest of justice.) 1. This petition has been filed to direct the respondent to complete the investigation and to file a final report in Crime No.372 of 2014 on the file of the respondent police within a time frame in the interest of justice. 2. When the matter was taken up for hearing, learned Government Advocate (Crl.Side) submits that the investigation in Crime No.372 of 2014 has been completed and the charge sheet has been filed in P.R.C.No.78 of 2015 before the learned Judicial Magistrate, Pattukottai. 3. In view of the submission made by the learned Government Advocate (Crl.Side), this Criminal Original petition is closed....


Mar 29 2016

M. Mandhirammal Vs. The Joint Registrar No.I, Sub-Registrar Office, Of ...

Court: Chennai Madurai

Decided on: Mar-29-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondent to cancel the document No.894/2013 dated 17.04.2013 by considering the petitioner's representation dated 20.07.2015 and pass further orders as this Court may deem fit and proper.) Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the third respondent to delete the name of Shanmugasathu Adigal in the patta and other revenue records and insert the petitioner's name in the patta as well as other revenue records in Survey No.841/1 situate at Ward No.4, Block No.16, in the extent of 22504 Sq.ft Palani Town as per the order of the second respondent dated 09.02.2015 in Na.Ka.No.13013/2014 and pass further orders as this Court may deem fit and proper. Common Order: Both the writ petitions are liable to be dismissed in view of the fact that the order passed by the Rev...


Mar 29 2016

A.R. Nammalvar Vs. Tamilchandran, The Superintendent of Police, Puduko ...

Court: Chennai Madurai

Decided on: Mar-29-2016

(Prayer: This contempt petition is filed under Section 11 of the Contempt of the Courts Act, 1971 praying to punish the Respondents for their deliberate and willful disobedience of the order of this Honourable Court made in Crl.O.P(MD).No.5847 of 2006 dated 24.08.2006.) 1. This contempt petition has been filed for punishing the respondents for their deliberate and willful disobedience of the order of this Court made in Crl.O.P(MD).No.5847 of 2006 dated 24.08.2006. 2. In Crl.O.P(MD).No.5847 of 2006, this Court passed the following order on 24.08.2006: The Principal District Judge, Pudukottai is directed to entrust the investigation in R.No.509/2001 on his file to the Superintendent of Police, Pudukottai who shall nominate a Deputy Superintendent of Police under his control for investigation of this case. 3. The Principal District Judge, Pudukottai has sent a report dated 26.10.2015, which is as follows: I submit that as per the directions of the Hon'ble High Court 1st cited in the re...


Mar 29 2016

S.S. Rajagopal Vs. S.K. Appal Raja and Another

Court: Chennai Madurai

Decided on: Mar-29-2016

(Common Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Appellate Court to dispose of the Appeals in C.A.Nos.139 and 140 of 2014 on the file of the District and Sessions Judge, Srivilliputhur, Virudhunagar District.) Common Order 1. These petitions have been filed to direct the Appellate Court to dispose of the Appeals in C.A.Nos.139 and 140 of 2014 on the file of the District and Sessions Judge, Srivilliputhur, Virudhunagar District. 2. It is seen that the 1st respondent was convicted in C.C.Nos.863 of 2011 and 2839 of 2010 respectively by the learned Judicial Magistrate, Rajapalayam, pursuant to which, the 1st respondent filed C.A.Nos.139 and 140 of 2014, which are pending on the file of the District and Sessions Judge, Srivilliputhur, Virudhunagar District. 3. Taking into consideration the fact that the cases are of the year 2011 and 2010 respectively, this Court directs the learned District and Sessions Judge, Srivilliputhur, Virudhunaga...


Mar 29 2016

N. Manoharan and Another Vs. The Joint Commissioner, Hindu Religious a ...

Court: Chennai Madurai

Decided on: Mar-29-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.853/2011/E1 dated 18.01.2016 quash the same and pass further orders as this Court may deem fit and proper.) 1. The petitioner has filed this Writ Petitionfor a Writ of Certiorari to call for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.853/2011/E1 dated 18.01.2016 quash the same. 2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. 3. The contention of the petitioner is that first of all, the reference dated 31.01.2014 is no more in existence and has already been dismissed for default, against which, a revision was already filed before the Department and that has been remanded. 4. Anyway, the petitioner will also state that the order dated 23.12.2015, was...


Mar 29 2016

C. Periasamy and Another Vs. State Represented by, The Inspector Gener ...

Court: Chennai Madurai

Decided on: Mar-29-2016

(Prayer in Crl.O.P.(MD) No.3537/2016: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1 to 4th respondents police to provide adequate police protection to the petitioner's life and limb against the serious and sustained threat caused by the accused persons on the basis of the petitioner's representation dated 09.02.2016. W.P.(MD) No.5260 of 2016: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 not to interfere in civil dispute and not to harass the petitioner.) Common Order 1. Crl.O.P.(MD) No.3537 of 2016 has been filed to direct the 1 to 4th respondent police to provide adequate police protection to the petitioner's life and limb against the serious and sustained threat caused by the accused persons on the basis of the petitioner's representation dated 09.02.2016. 2. W.P.(MD) No.5260 of 2016 has been filed to direct the respondents 1 to 3 not to interfere in civil...


Mar 29 2016

Indian Overseas Bank Vs. IDBI Bank Ltd., Tuticorin and Others

Court: Chennai Madurai

Decided on: Mar-29-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to set aside the order dated 11.03.2016 passed in Unnumbered Cr.M.P. of 2016 in Cr.M.P.No.592 of 2016 in DCB Crime No.34 of 2015 and direct the learned Judicial Magistrate No.1, Tuticorin to allow the above petition.) 1. This petition has been filed to set aside the order dated 11.03.2016 passed in Unnumbered Cr.M.P. of 2016 in Cr.M.P.No.592 of 2016 in DCB Crime No.34 of 2015 and direct the learned Judicial Magistrate No.1, Tuticorin to allow the above petition. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the State. 3. It appears that the petitioner herein filed an application before the learned Judicial Magistrate No.1, Tuticorin to implead himself as a party in Cr.M.P.No.592 of 2016 in DCB Crime No.34 of 2015. The said petition was returned by the learned Judicial Magistrate No.1, Tuticorin noting as follows: Correct provision of law to be stated. Challen...


Mar 29 2016

Thirumammal Vs. The Director General of Police, Santhome, Chennai and ...

Court: Chennai Madurai

Decided on: Mar-29-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records in the proceedings pertaining in C.C.No.90 of 2012 on the file of the learned Judicial Magistrate No.II, Dindigul and quash the same as illegal and further direct the respondent No.2, to investigate the complaint dated 25.03.2013 given by the petitioner as against the respondent Nos.5 and 6 to file a report and pass further orders as this Court may deem fit and proper.) 1. This writ petition has been filed seeking to quash the proceedings in C.C.No.90 of 2012 on the file of the learned Judicial Magistrate No.II, Dindigul. Admittedly, there is a dispute between the petitioner and the respondents 5 and 6. Article 226 of the Constitution of India cannot be invoked for quashing the criminal proceedings and only the provisions of Section 482 of Criminal Procedure Code, can be invoked but that has not been done. 2. Hence, without ex...


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