Chennai Madurai Court April 2016 Judgments
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Kamaraj Vs. The Superintending Engineer, Tamil Nadu Electricity Genera ...
Court: Chennai Madurai
Decided on: Apr-13-2016
(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 records of the 2nd respondent in his proceedings in Na.Ka.No.Oo.Mi.Pou/Na/Ki/Viru/Kou.Kattu/ A.No.158/16 dated 02.04.2016 and quash the same as illegal arbitrary violation of law and further direct the respondents 1 and 2 not to change the physical features of the electric poles in Ward No.18 T.S.No.487 to 493 493/1B 493/1C2 473/1C3 of Kathalambatti Virudhunagar Municipal Limit Virudhunagar District.) 1. The writ petition has been filed challenging the show-cause notice of the Department. 2. According to petitioner, he has filed a civil suit in O.S.No. 257 of 2005 before the District Munsif Court, Virudhunagar, for declaration to declare that the suit scheduled property is a public road. Earlier, he had obtained interim injunction. The interim order has already been vacated or not extended. Thereafter, no interim order obtain...
Gunaseelan and Others Vs. State Represented by The Inspector of Police ...
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records pertaining to the FIR in Crime No.48 of 2012 on the file of the 1st Respondent Police and quash the same.) 1. This petition has been filed, seeking to call for the records pertaining to the FIR in Crime No.48 of 2012 on the file of the 1st Respondent Police and quash the same. 2. On the complaint lodged by one Rathinam, the respondent police have registered a case in Crime No.48 of 2012 on 04.12.2012 for offfences under Sections 465, 468, 471, 420, 294(b) and 506(ii) IPC against nine persons, including the petitioners herein, to quash which, the petitioners are before this Court. 3. The respondent police have filed a detailed counter, wherein he has stated the facts of the case in Paragraph Nos.3, 7 and 11 as follows: 3. The 1st petitioner and one Valarmathi filed several cases in the Hon'ble High Court and the Hon'ble Apex Court and ordered in favour of the petitioner. Since the prope...
Velathal and Another Vs. K. Balasubramanian and Another
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer in CRP(MD).No.2377 of 2015: Civil Revision Petition is filed under Article 227 of the constitution of India against the fair and decreetal order passed in E.A.No.51 of 2012 in E.P.No.86 of 2008 in O.S.No.53 of 1977 on the file of District Munsif Court, Palani, dated 03.09.2015. Prayer in CRP(MD).No.1893 of 2015: Civil Revision Petition is filed under Article 227 of the constitution of India against the fair and decreetal order dated 16.06.2015 passed in E.A.No.90 of 2015 in E.A.No.51 of 2012 in E.P.No.86 of 2008 in O.S.No.53 of 1977 on the file of District Munsif Court, Palani.) Common Order: Both the Civil Revision Petitions are filed by the respondents 15 and 16, in final decree application in E.A.No.51 of 2012 in E.P.No.86 of 2008 in O.S.No.53 of 1977 and E.A.No.90 of 2015 in E.A.No.51 of 2012 in E.P.No.86 of 2008 in O.S.No.53 of 1977, on the file of the learned District Munsif, Palani, dated 03.09.2015 and 16.06.2015 respectively. 2. The issues involved are interlinked and...
Elambal and Others Vs. Matheswari and Another
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act against the Award dated 17.04.2008 in MCOP.No.25 of 2007 in Motor Accidents Claims Tribunal / Subordinate and Assistant Sessions Court, Devakottai.) 1. The Civil Miscellaneous Appeal is filed against the Award dated 17.04.2008 in MCOP.No.25 of 2007 in Motor Accidents Claims Tribunal / Subordinate and Assistant Sessions Court, Devakottai. 2. The appellants 1 to 5 are claimants in MCOP.No.25 of 2007. The first respondent is the owner of the vehicle. The second respondent is the Insurance Company. 3. The facts of the case are as follows:- According to the appellants, the deceased was working as Driver with first respondent. While he was driving the Qualish Car bearing Registration No.TN 63 V 3399, on 25.05.2005, a Lorry driven in a rash and negligent manner was coming in opposite direction. In order to avoid head on collusion, deceased turned the Car to the left and dashed against the Tamarind tree a...
Kasimayan Vs. The District Superintendent of Police, Madurai and Anoth ...
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 on the basis of the petitioner's complaint dated 15.03.2016.) 1. This petition has been filed to direct the 2nd respondent to register a case under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 on the basis of the petitioner's complaint dated 15.03.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that the complaint dated 15.03.2016 has been sent by post to the respondents. 3. In view of the above submission, the petitioner is directed to appear in person before the 2nd respondent along with this order and lodge a fresh complaint, containing the very same contents as stated in the previous complaint dated 15.03.2016. On receipt of such complaint, the same shall b...
D. Rajaram Vs. State Represented by The Superintendent of Police, Pudu ...
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents particularly the 3rd respondent to register the complaint of the petitioner dated 24.02.2016 and investigate the same in accordance with law and pass any other order as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.) 1. This petition has been filed to direct the respondents particularly the 3rd respondent to register the complaint of the petitioner dated 24.02.2016 and investigate the same in accordance with law. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending in CSR No.22 of 2016. 3. In view of the above submission, the 2nd respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During th...
C. James Premdoss Clement Vs. M.J. Monisha
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer: Review Application is filed under Order 47 Rule 1 r/w Section 114 of C.P.C., against the order dated 16.07.2015 passed in Tr.C.M.P.(MD).No.183 of 2015.) This review application is filed against the order dated 16.07.2015 passed in Tr.C.M.P.(MD).No.183 of 2015. 2. The petitioner has filed the present review petition to review the order dated 16.07.2015 made in TR.C.M.P.(MD).No.183 of 2015. 3. According to the petitioner, the Family Court, Trichy has no territorial jurisdiction and therefore, there is an error apparent in the order sought to be reviewed. The said contention is untenable. As per Section 24 of C.P.C., this Court has power to withdraw and transfer any case, pending in any Court subordinate to this Court and transfer the same to any Court competent to try the same. 4. Section 24 of C.P.C., reads as follows: 24. General Power of transfer and withdrawal.-(1)On the application of any of the parties and after notice to the parties and after hearing such of them as desi...
R. David Vs. State Represented by The Superintendent of Police, Nagerc ...
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register the complaint given by the petitioner on 13.03.2016 and investigate the same.) 1. This petition has been filed to direct the 2nd respondent to register the complaint given by the petitioner on 13.03.2016 and investigate the same. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that on the complaint, given by the petitioner, a case has already been registered in Crime No.102 of 2016 on 27.03.2016 for offences under Sections 294(b) and 323 IPC. The said statement is recorded. 3. In view of the above statement made by the learned Government Advocate (Crl.Side), this Court is of the view that nothing survives for adjudication in this petition. Accordingly, the Criminal Original Petition is closed....
M. Jothi Ramalingam Vs. State through The Commissioner of Police, Tiru ...
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register the FIR on the basis of the complaint given by the petitioner herein dated 4.3.2016 and investigate the same in accordance with law.) 1. This petition has been filed to direct the 2nd respondent to register the FIR on the basis of the complaint given by the petitioner herein dated 4.3.2016 and investigate the same in accordance with law. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that the complaint dated 04.03.2016 has been sent by post to the respondents. 3. In view of the above submission, the petitioner is directed to appear in person before the 2nd respondent along with this order and lodge a fresh complaint, containing the very same contents as stated in the previous complaint dated 04.03.2016. On receipt of such complaint, the same shall be enquired into and action be taken thereon in accorda...
Mary Selvi and Others Vs. Vannithangam and Another
Court: Chennai Madurai
Decided on: Apr-13-2016
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act against the Award dated 04.06.2012 made in MCOP.No.1335 of 2011 in Motor Accidents Claims Tribunal / IV Additional District Court, Thirunelveli.) 1. The Civil Miscellaneous Appeal is filed against the Award dated 04.06.2012 made in MCOP.No.1335 of 2011 on the file of the Motor Accidents Claims Tribunal / IV Additional District Judge, Thirunelveli. 2. The appellants 1 to 4 are claimants in MCOP.No.1335 of 2013. The first respondent is the owner of the vehicle. The second respondent is the Insurance Company. 3. The facts of the case are as follows:- According to the appellants, the deceased was working as Conductor in Thirunelveli, Tamil Nadu State Transport Corporation Limited. While he was travelling in the vehicle bearing Regn.No.TN 69 U 5482, on 26.08.2011, a Tata 909 vehicle bearing Registration No.72 AX 5289, belonging to the first respondent was driven in a rash and negligent manner and dashe...
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