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Chennai Madurai Court June 2016 Judgments

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Jun 20 2016

R. Akilarajan and Others Vs. Aruna

Court: Chennai Madurai

Decided on: Jun-20-2016

(Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the proceedings in connection with D.V.No.17 of 2016 on the file of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District and quash the same.) 1. This petition has been filed seeking quashment of the proceedings in D.V.No.17 of 2016 pending on the file of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District. 2. Heard the learned counsel for the petitioner. After going through the materials and after hearing the arguments for quashing the proceedings, this Court expressed the opinion that the petitioners may have a good case for defense, but not for quashing the proceedings. Thereafter, the learned counsel for the petitioner after explaining the series of litigations pending between the parties, highlighting the plight of the petitioner's seek for expeditious disposal of D.V.No.17 of 2016. 3. In view of the restricted relief sought for by the petitioner at this st...


Jun 20 2016

Arulmigu Urumankulam Pannirupidi Ayyan Medical Educational and Charita ...

Court: Chennai Madurai

Decided on: Jun-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to pass fresh award as per the order of the Honourable Principal District Judge, Tirunelveli, dated 10.02.2014 within a time frame to be fixed by this Honourable Court.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. It comes to be known that the petitioner's managing trustee had addressed a communication/petition dated 10.12.2015, to the respondent/District Collector, Tirunelveli District, inter alia, stating that the award passed by the District Collector and Arbitrator in R.C.No.J1/43334/08 dated 03.07.2008 was set aside by the Learned Principal District Judge, Tirunelveli in Arbitration O.P.No.42 of 2009, dated 10.02.2014 and a fresh disposal was ordered considering the two documents filed by the petitioner. 4. In the aforesaid communication dated 10.12.2015, the managing trustee of the petitioner...


Jun 20 2016

Thiru. R. Kottursamy Vs. The District Collector, Tirunelveli District ...

Court: Chennai Madurai

Decided on: Jun-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to extend the lease period of quarry lease by 1 month pursuant to proceedings of 4th respondent dated 02.06.2015 in respect of Miscellaneous Property Nos.10, 14 and 16 by considering the petitioner's representation dated 10.06.2016 within the time limit fixed by this Hon'ble Court.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. The plea of the petitioner is that his request for renewal of lease for the period 2016-17 may be considered by the fourth respondent. At this stage, the Learned Counsel for the Petitioner submits that the petitioner had approached the respondents and requested them to extend his lease period for one year and further he gave an undertaking to pay the lease amount to be fixed by the respondents for the extension period in question. Admittedly, the petitioner's representation d...


Jun 20 2016

S. Veeranan Vs. The Superintendent of Police, Dindigul and Another

Court: Chennai Madurai

Decided on: Jun-20-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd Respondent to register the petitioner's complaint dated 23.03.2016 and investigate the same in accordance with law.) 1. This petition has been filed to direct the 2nd Respondent to register the petitioner's complaint dated 23.03.2016 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. 3. The allegation in the complaint is that the proposed accused persons, by promising to get a job to the petitioner in the Transport Department, received a sum of Rs.1,30,000/- from him one year before; that they have neither secured a job nor returned the amount to him; that when the return of amount was insisted by the petitioner, the proposed accused persons threatened the petitioner with dire consequences and...


Jun 20 2016

C. Selvam Vs. The District Collector, Madurai District and Others

Court: Chennai Madurai

Decided on: Jun-20-2016

(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 consider and dispose of the petitioner's representation dated 18.03.2014 within a stipulated time as this Court may deem fit and proper.) 1. The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the respondents to consider and dispose of the petitioner's representation dated 18.03.2014. The petitioner in his representations to the District Collector, the first respondent and other respondents seeks enforcement of some privileges and honours in the temple which falls within the exclusive jurisdiction of Joint Commissioner under Section 63(e) of H.R. and C.E. Act, 1959. 2. The learned Counsel appearing for the petitioner has submitted that he has also filed an application before the Joint Commissioner, H.R and C.E Department, Madurai, under Section 63(e) of the HR and CE, Act 1959. 3. It is seen that the prayer in t...


Jun 20 2016

M/s. Kitchas Trading Company, Rep. by its Managing Partner Paramasivan ...

Court: Chennai Madurai

Decided on: Jun-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 27.04.2016 to the effect that to extend the benefit which was granted to the M/s. West Coats Paper Mills Ltd., Dandeli Karnataka in C.No.6309/05L, dated 17.08.2010 to the petitioner company namely the M/s. Kitchas Trading Company.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. According to the petitioner, it is a registered firm undertaking contract for cutting and removing of woods and other materials from the forest. In fact, the petitioner is an approved class-I contractor. 4. The stand of the petitioner is that the third respondent/District Forest Officer, Kodaikanal Division, Kodaikanal, Dindigul District granted permission for cutting and removing the trees as well as barks. The petitioner, on seeing the advertisement approached the second r...


Jun 20 2016

J. Justin Vs. The District Revenue Officer, Kanyakumari District, Nage ...

Court: Chennai Madurai

Decided on: Jun-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to forbear the first respondent herein from proceeding with the Revision Petition in RP No.22270/2012 dated 26.07.2012 pending on his file till the disposal of the civil suit in O.S.No.31 of 2013 on the file of the District Court, Kanyakumari and pass further orders as this Court may deem it fit.) The learned counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has also made an endorsement to that effect. 2. In view of the above, the Writ Petition is dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous petition is also dismissed....


Jun 20 2016

Jothilingam Vs. The District Collector, Thoothukudi and Another

Court: Chennai Madurai

Decided on: Jun-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd Respondent to measure and fix the boundaries of the petitioner's property situated in Sy.No.319/4A/A1 correlated to Re.Sy.No.319/4A1A1A, Koottudankadu Village, Thoothukudi Taluk, to the extent of 21 cents by considering the petitioner's representation dated 28.04.2016.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. The limited relief sought for by the petitioner in the writ petition is for passing of an order by this Court in directing the second respondent to measure and fix the boundaries in respect of the petitioner's property in Sy.No.319/4A/A1 correlated to Re.Sy.No.319/4A1A1A, Koottudankadu Village, Thoothukudi Taluk, to the extent of 21 cents by considering his representation dated 28.04.2016. 4. Considering the limited plea made by the petitioner, i.e for passing an order by this Court, to consider ...


Jun 20 2016

Thiru. S. Ayyathurai Vs. The District Collector, Tirunelveli District ...

Court: Chennai Madurai

Decided on: Jun-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to extend the lease period of quarry lease by 1 month pursuant to proceedings of 4th respondent dated 02.06.2015 in respect of Miscellaneous Property Nos.11, 12 , 13 and 15 by considering the petitioner's representation dated 10.06.2016 within the time limit fixed by this Hon'ble Court.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. The plea of the petitioner is that his request for renewal of lease for the period 2016-17 may be considered by the fourth respondent. At this stage, the Learned Counsel for the Petitioner submits that the petitioner had approached the respondents and requested them to extend his lease period for one year and further he gave an undertaking to pay the lease amount to be fixed by the respondents for the extension period in question. Admittedly, the petitioner's representat...


Jun 20 2016

M/s. VTX Industries Limited and Another Vs. M/s. Thiagarajar Mills Pri ...

Court: Chennai Madurai

Decided on: Jun-20-2016

(Common Prayer: Criminal Revision Petitions are filed, under Section 397 r/w 401 Cr.P.C., to call for the records passed in Crl.M.P.Nos.433 to 441 of 2016 in C.A.Nos.30 to 38 of 2016 on the file of the learned Principal District and Sessions Judge, at Madurai dated 07.06.2016 and set aside the same by allowing the criminal revisions.) Common Order: 1. Some queer questions arises in these revisions. 2. These revisions arose out of grant of appeal bails by the learned Principal Sessions Judge, Madurai in Crl.M.P.Nos.433 to 441 of 2016 in C.A.Nos.30 to 38 of 2016. 3. Incidentally, there arises a clash between criminal law, company law and certain basic principles of general penal law of India. 4. As these petitions presents very same complex questions we have tagged them together and we shall dispose of them together. 5. The details of the revisions are as under: Case No.ConvictionSentenceS.T.C.No.1774 of 2012u/s 138 N.I. Act1 years S.I. + Rs.60,00,000/- as compensation u/s 357(3) Cr.P.C....


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