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Chennai Madurai Court April 2016 Judgments

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Apr 18 2016

Bhagavath Singh and Others Vs. The Registrar, Palayamkottai Registrati ...

Court: Chennai Madurai

Decided on: Apr-18-2016

(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 relating to the order of Murappanadu Sub-Registrar proceedings in Thadangal Manu No.5/2016 dated 16.03.2016 and quash the same. 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 relating to the order of Murappanadu Sub-Registrar proceedings in Thadangal Manu No.4/2016 dated 16.03.2016 and quash the same. 1. Both these writ petitions are dismissed in limine. 2. The writ petitioners who alleged that they are the owners of the properties, in the affidavit, only say that some third persons are trying to enter into the properties and hence, the Registrar should not register any document in respect of that Survey number. 3. According to them, the orders were passed suo motu on the same day. Therefore, the orders are not legal. They also contended that thei...


Apr 18 2016

Mahendran Vs. Murugan and Another

Court: Chennai Madurai

Decided on: Apr-18-2016

(Prayer:This Civil Miscellaneous Appeal is filed under Section 173 of Cr.P.C. against the Award and Decree made in MCOP.No.310 of 2003 on the file of the Motor Accidents Claims Tribunal / Additional Subordinate Judge, Thanjavur, dated 01.02.2012.) 1. This Civil Miscellaneous Appeal is filed against the Judgment and Decree made in MCOP.No.310 of 2003 on the file of the Motor Accidents Claims Tribunal / Additional Subordinate Judge, Thanjavur, dated 01.02.2012. 2. The appellant is the claimant. The first respondent is owner and second respondent is insurer of the vehicle which involved in the accident. The appellant sustained injury in the accident and filed claim petition claiming a sum of Rs.2,00,000/- as compensation. The Tribunal awarded a sum of Rs.50,800/- as compensation. Aggrieved by the quantum of compensation, awarded by the Tribunal, the appellant / claimant is before this Court. 3. The facts of the case are as follows:- (a) On 09.09.2002, at about 8.15 am, while the appellant...


Apr 18 2016

The Hazarat Thable Aalam Badusha Natharvali, Dargah and Others Vs. F. ...

Court: Chennai Madurai

Decided on: Apr-18-2016

(Prayer: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to set aside the order, dated 09.10.2015 made in W.O.P.Nos.2 and 4 /2012 on the file of the learned Principal Sub Court, (Wake Tribunal) Tiruchirapalli and allow the above revision petition.) Common Order 1. Both the CRPs are filed challenging the common order, dated 09.10.2015 passed by Wakf Tribunal, Trichirappalli in W.O.P.Nos.2 and 4 of 2012. The issue involved in both the CRPs are interlinked and filed against the common order and hence, both CRPs are disposed of by common order. 2. Facts of the case:- The respondents 1 and 2 are Pangalies of first petitioner Dargah viz., sharers of residue income of Dargah. The Dargah is administred by Trustees as per the Scheme decree, dated 29.01.1930 made in O.S.No.91 of 1925 by the learned Sub Judge, Trichirapalli. As per the Scheme Decree, the Dargah is administred by five Trustees. One is heriditary Trustee selected for life. One is Pangali Trustee ...


Apr 18 2016

A. Alagu Vs. The District Revenue Officer, Madurai and Others

Court: Chennai Madurai

Decided on: Apr-18-2016

(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 pertaining to the impugned proceedings of the first respondent in R.Dis.No.G2/33584/2014 dated 10.02.2016 and quash the same as illegal, without jurisdiction and consequently direct the respondents 1 and 2 to restore the petitioner's separate patta No.1979 in survey No.210/10B, Pattur Village, Melur Taluk, Madurai District and to pass order as this Court may deem fit and proper.) 1. The petitioner has filed this Writ Petition for a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings of the first respondent in R.Dis.No.G2/33584/2014 dated 10.02.2016 and quash the same as illegal, without jurisdiction and consequently direct the respondents 1 and 2 to restore the petitioner's separate patta No.1979 in survey No.210/10B, Pattur Village, Melur Taluk, Madurai District. 2. Even in the impug...


Apr 18 2016

V. Karuppiah (died) Vs. B. Muthulakshmi and Another

Court: Chennai Madurai

Decided on: Apr-18-2016

(Prayer: These Petitions filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree of the Motor Accident Claims Tribunal (Addl.District Judge/CJM), Sivagangai, dated 15.10.1998 and made in MACOP No.87/1997, 86 of 1997 and 88 of 1997.) 1. The issue involved in all the CMAs is one and the same and hence the CMAs were heard together and a common judgment is passed. 2. Being aggrieved over the award passed by the Motor Accidents Claims Tribunal (Additional District Judge/CJM), Sivagangai, made in MACOP No.87/1997, 86 of 1997 and 88 of 1997, dated 15.10.1998, the claimants have filed this appeal. 3. Facts of the case:- The appellants are claimants in MCOP.Nos.86,87 and 88 of 1997 filed claim petition claiming compensation for the injury sustained by them in the accident occurred on 09.09.1996. According to the claimants, they were loadmen engaged by one Ramachandran, who contested in the election, to load and un-load food items and distribute the same to the p...


Apr 18 2016

S. Indira Gandhi Vs. The Inspector of Police All Women Police Station ...

Court: Chennai Madurai

Decided on: Apr-18-2016

(Prayer: This petition is preferred under Section 482 Cr.P.C., to set aside the order in Crl.M.P.No.211 of 2015, dated 17.11.2015, passed by the Sessions Judge, Mahila Court, Trichy, in Crime No.20 of 2014, on the file of the first respondent, dated 16.10.2014, within the time stipulated.) 1. The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking set aside of the impugned order, dated 17.11.2015, passed in Crl.M.P.No.211 of 2015, by the learned Sessions Judge, Mahila Court, Trichy. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the first respondent Police. 3. It is seen that the petitioner herein is the Chair-Person of Tamil Nadu Child Welfare Committee, Government Observation Home, Tiruchirappalli, and that she had lodged a complaint against the second respondent herein, who is the Superintendent of Child Observation Home, Trichy, alleging that he had misb...


Apr 18 2016

The Managing Director, Tamilnadu Transport Corporation, Madurai Vs. R. ...

Court: Chennai Madurai

Decided on: Apr-18-2016

(Prayer: The Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act against the Judgment and Award made in MCOP.No.48 of 1996 dated 31.01.2005 on the file of Motor accidents Claims Tribunal / Sub Court, Periyakulam.) 1. The Civil Miscellaneous Appeal is filed against the Judgment and Award made in MCOP.No.48 of 1996, dated 31.01.2005, on the file of the Motor accidents Claims Tribunal / Sub Court, Periyakulam. 2. This Court by order dated, 22.02.2016, dismissed the CMA(MD).No.1963 of 2013 and CRP.No.1142 of 2003 arising out of the same accident. 3. The appellant is the first respondent in MCOP.No.48 of 1996. The first respondent filed claim petition claiming a sum of Rs.1,00,000/- as compensation for the injuries sustained by him. 4. According to the first respondent, on 26.07.1992, while he was travelling in the bus belonging to the appellant, Transport Corporation, bearing Regn.No. TN 59N 0061, the said bus was driven in high speed in a rash and negligent manner ...


Apr 18 2016

T. Rajkumar and Another Vs. The Director of Tamil Nadu Schools, Educat ...

Court: Chennai Madurai

Decided on: Apr-18-2016

(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 relating to the proceedings of the suspension order in O.Mu.No.94594/M/E3/2011 dated 22.11.2011 on the file of the first respondent and quash the same and direct the first respondent to incorporate the date of birth as 04.03.1991 as per birth certificate issued by the fourth respondent in the place of 04.03.1990 found in the petitioner's Secondary School Leaving Certificate dated 05.06.2006.) Common Order 1. The above two writ petitions have been filed by the brothers seeking for alteration of date of birth in the School records as per the Birth Certificate issued by the Department. 2. According to them, their Date of Birth is 04.03.1991 and 12.05.1992 respectively as per the birth certificate issued. But in the School records, it has been wrongly mentioned as 04.03.1990 and 05.05.1992 respectively. Therefore, they sought for...


Apr 18 2016

M. Subramani Vs. S. Velu

Court: Chennai Madurai

Decided on: Apr-18-2016

(Prayer in CMA(MD).No. 1001 and 1002 of 2014: The Civil Miscellaneous Appeals are filed under Order 43 Rule 1(r) of the CPC against the fair and decreetal order dated 25.06.2014 in I.A.No. 15 of 2014 and I.A.No.30 of 2014 respectively in O.S.No.5 of 2014 on the file of the Principal District Court, Ramanathapuram. Prayer in CRP(MD).No. 1892 of 2014: Civil Revision Petition is filed under Article 227 of the constitution of India against the fair and decreetal order dated 25.06.2014 made in I.A.No. 30 of 2014 in O.S.No.5 of 2014 on the file of the Principal District Court, Ramanathapuram.) V.M. Velumani, J. 1. The learned counsel appearing for the appellant / revision petitioner seeks permission of this Court to withdraw these appeals as well as revision. To that effect the learned counsel for the appellant / revision petitioner produced a memo signed by the appellant / revision petitioner. The learned counsel for the appellant / revision petitioner has also made an endorsement to that ...


Apr 18 2016

P. Muthaiah Vs. The District Collector, Dindigul and Others

Court: Chennai Madurai

Decided on: Apr-18-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to remove the third respondent's name from the legal heirs certificate issued by the second respondent and joint patta No.5868 with regard to the property Pallapatti village S.No.638/1C, Dindigul West Taluk, Dindigul District and pass further orders as this Court may deem fit and proper.) 1. As the petitioner has already filed a civil suit seeking cancellation of legal heirs certificate issued by the second respondent and joint patta No.5868 with regard to the property in Pallapatti village S.No.638/1C, Dindigul West Taluk, Dindigul District, the learned Counsel appearing for the petitioner seeks permission to withdraw this Writ Petition and he has also made an endorsement to that effect. 2. In view the above, the Writ petition is dismissed as withdrawn. No costs....


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