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Chennai Madurai Court April 2016 Judgments

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Apr 11 2016

K.R. Anantha Kumar Vs. The Commissioner, Tamil Nadu Hindu Religious an ...

Court: Chennai Madurai

Decided on: Apr-11-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of declaration that the lands in Survey Nos.152/1, 143/1, 145/2, 145/3, 145/4, 150/1, 150/4, 175/4, 152/2, 158/2, 81/1, 82/1, 90/3, 140/1, 159/1 and 142/2 that was taken away by the second respondent without following due process of law is against law and unsustainable and further direct the respondent to hand over the property to the petitioner and pass further orders as this 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 directing the first respondent to give electricity service connection to the petitioner with regard to Door No.1/8-1 Plot No.4, in Krishna Nagar, Cholan Maligai Village in S.No.145/4B, Kumbakonam taluk, Thanjavur District and pass further orders as this may deem fit and proper.) Common Order 1. W.P(MD)No.2233 of 2015 has been filed seeking a Writ of Decl...


Apr 11 2016

The President, South Kadayam I Grade Panchayat, Tirunelveli District V ...

Court: Chennai Madurai

Decided on: Apr-11-2016

(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 dispose of the appeal pending on his file in the O.Mu.No.K2/27230/2015 dated 03.06.2015 under 12 Tamil Nadu Patta Pass Book Act, with respect of Survey No.562/3 situated at Therku Kadayam Village, Ambasamudram Taluk, Tirunelveli District within the stipulated period as fixed by this Court and pass further orders as this may deem fit and proper.) 1. The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the second respondent to dispose of the appeal pending on his file in the O.Mu.No.K2/27230/2015 dated 03.06.2015 under 12 Tamil Nadu Patta Pass Book Act, with respect of Survey No.562/3 situated at Therku Kadayam Village, Ambasamudram Taluk, Tirunelveli District. 2. Today, when the matter is taken up for hearing the learned Government Advocate appearing for the respondents submitted that the second respondent h...


Apr 11 2016

Petitioner Vs. Respondent

Court: Chennai Madurai

Decided on: Apr-11-2016

P.N. Prakash, J. 1. For the sake of convenience, the parties would be referred to as the complainant and the accused. 2. The complainant launched a prosecution in C.C.Nos.51 and 52 of 2014 before the learned Fast Track Court (Magisterial Level), Thoothukudi against the accused for an offence under Section 138 of Negotiable Instruments Act. After a full fledged trial, C.C.Nos.51 and 52 of 2014 were dismissed by the Trial Court on 20.08.2014 holding that the complainant had failed to prove that there is no legally enforceable debt between him and the accused. Aggrieved by the judgment of acquittal dated 20.08.2014 passed by the Trial Court, the complainant filed Criminal Appeals along with petitions for leave to file in Crl.O.P.(MD) No.21854 of 2014 in Crl.A.(MD) No.SR.No.34321 of 2014 and Crl.O.P.(MD) No.21104 of 2014 in Crl.A.(MD) SR.No.34320 of 2014 before this Court. 3. When the Special Leave Petitions came up for admission before this Court, a learned Single Judge of this Court went...


Apr 11 2016

V. Bala Vijayakumar and Another Vs. State Represented by, The Inspecto ...

Court: Chennai Madurai

Decided on: Apr-11-2016

(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the entire records pertaining to the case in C.C.No.13 of 2015 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and quash the same.) 1. This petition has been filed seeking to call for the entire records pertaining to the case in C.C.No.13 of 2015 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and quash the same. 2. It is seen that a case in Crime No.110 of 2014 for the alleged offences under Sections 294(b), 324 and 506(i) IPC and Section 4 of Tamil Nadu Harassment of Women Act on the file of the 1st respondent police, has been registered against the petitioners/accused. After completion of the investigation, the 1st respondent has filed a charge sheet, which was duly taken on file in C.C.No.13 of 2015 by the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District. 3. When the matter is taken up for hearing, the petitio...


Apr 11 2016

Shaiju Thanga Kumar and Others Vs. The Inspector of Police, Kanyakumar ...

Court: Chennai Madurai

Decided on: Apr-11-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records relating to the impugned charge sheet laid in C.C.No.75 of 2014 on the file of the Judicial Magistrate Court, Padmanabhapuram quash the same.) 1. This petition has been filed seeking to call for the records relating to the impugned charge sheet laid in C.C.No.75 of 2014 on the file of the Judicial Magistrate Court, Padmanabhapuram quash the same. 2. When the matter was taken up for hearing, learned counsel for the petitioners submitted that it would suffice, if a direction is issued to the Magistrate to complete the trial in C.C.No.75 of 2014 in a time bound manner. 3. Accepting the submission, learned Judicial Magistrate, Padmanabhapuram is directed to complete the trial in C.C.No.75 of 2014 within a period of three months from the date of receipt of a copy of this order provided all the accused co-operate in conduct of the trial by cross examining witnesses contemporaneously after ...


Apr 07 2016

Sethupathi and Others Vs. The Inspector of Police, All Women Police St ...

Court: Chennai Madurai

Decided on: Apr-07-2016

(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for records in C.C.No.224 of 2015 on the file of the learned Judicial Magistrate No.I, Sivagangai and quash the charge sheet and consequential further proceedings so far as the petitioners are concerned.) 1. This petition has been filed to call for records in C.C.No.224 of 2015 on the file of the learned Judicial Magistrate No.I, Sivagangai and quash the charge sheet and consequential further proceedings so far as the petitioners are concerned. 2. The petitioners herein are A4 to A13, who are facing prosecution in C.C.No.224 of 2015 before the learned Judicial Magistrate No.I, Sivagangai for offences under Sections 498(A), 494 r/w 109 IPC altered into Sections 498(A) r/w 109 IPC. 3. It may be relevant to state the factual matrix of the case, which is as follows: i) On a private complaint lodged by one Vidhya / defacto complainant in C.M.P.10521 of 2012, learned Judicial Magistrate No.I, Sivagangai ordered i...


Apr 07 2016

R. Krsna Murtii, Rock Fort Paints and Chemicals, Pudukottai District V ...

Court: Chennai Madurai

Decided on: Apr-07-2016

(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 of the first respondent made in Tho.Mu.S1/11525/2007/A2/Ko.Abi.P.T.No.271/A2/2007 dated 27.12.2007 which in the name of N.Darshinee and to quash the same and pass further orders as this Court may deem fit and proper.) 1. Since the party-in-person had not appeared on more than two occasions, time was granted. Today it is posted for dismissal. Even today none appeared. Hence, the Writ Petition is dismissed for non prosecution. No costs. Consequently, the connected Miscellaneous petition is closed....


Apr 07 2016

Lakshmi and Others Vs. The Superintendent of Police, Madurai District ...

Court: Chennai Madurai

Decided on: Apr-07-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 and 2 herein to initiate statutory action against the respondents 3 to 6 herein for excommunicating the petitioner and here family from her house and the village and pass further orders as this Court may deem fit and proper.) 1. On 24.03.2016, when the matter was called, there was no representation on behalf of the petitioner, hence the matter was ordered to be posted on 06.04.2016 under the caption 'for dismissal'. 2. Even today when the matter is called there is no representation on behalf of the petitioner. Hence, the Writ Petition is dismissed for non prosecution. No costs. Consequently, the connected Miscellaneous petition is closed....


Apr 07 2016

V. Selvaraj Vs. A. Subburaj and Another

Court: Chennai Madurai

Decided on: Apr-07-2016

(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 30.10.2010, made in A.S.No.31 of 2010, on the file of the Sub Court, Virudhunagar, reversing the Judgment and Decree dated 22.06.2010, made in O.S.No.24 of 2008, on the file of the District Munsif Court, Virudhunagar.) 1. This appeal is directed against the judgment and decree dated 30.10.2010, made in A.S.No.31 of 2010, on the file of the Sub Court, Virudhunagar, reversing the Judgment and Decree dated 22.06.2010, made in O.S.No.24 of 2008, on the file of the District Munsif Court, Virudhunagar. 2. The factual matrix relevant for deciding the second appeal is as below:- The suit properties originally belonged to one Alagarsamy Naicker and after his death, it was devolved upon his two sons, namely Kandasamy Naicker and Subburaj, the first respondent herein and they were in possession and enjoyment of the entire properties till 1985. During 1985, there was a oral partit...


Apr 07 2016

K.K. Ramesh Vs. The Chief Secretary, State of Tamil Nadu, Secretariat, ...

Court: Chennai Madurai

Decided on: Apr-07-2016

(Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to publish all the Government Department Orders (G.O.) Notifications and Rules, Circulars in Internet, and only then the aggrieved people, will get quick remedy from their sufferings, by considering the petitioner's representation, dated 17.02.2016. S. Manikumar, J. Mr.K.K.Ramesh, party-in-person, has prayed for a Writ of Mandamus, directing the respondent to publish all the Government Orders, Notification and Rules, Circulars in Internet, to enable the public, to know the welfare schemes and other matters of public interest. It is his grievance that when an aggrieved person moves the competent authorities, under the Right to Information Act, 2005, information is not furnished, then and there. 2. We are not inclined to accept the grievance expressed by the petitioner, for the reason that the Right to Information Act, 2005, empowers the authority to decide, a...


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