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Chennai Madurai Court August 2016 Judgments

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Aug 22 2016

Sakthi Rajan @ Sakthi and Another Vs. State Represented by The Inspect ...

Court: Chennai Madurai

Decided on: Aug-22-2016

(Prayer: Petition filed under Section 482 of the Code of Criminal Procedure to call for the records and quash the charge sheet in connection with C.C.No.73 of 2010 on the file of the learned Principal District Munsif-cum-Judicial Magistrate, Karaikudi.) 1. This petition has been filed, seeking to quash the proceedings in C.C.No.73 of 2010 pending on the file of the learned Principal District Munsif-cum-Judicial Magistrate, Karaikudi, against the petitioners/A2 and A3. 2. The learned Government Advocate (Crl.Side) would submit that there are incriminating materials against the accused persons and therefore, it is not a fit case for quashing the proceedings on the basis of the compromise entered into between the parties. 3. Per contra, the learned counsel for the petitioners would contend that the matter is purely civil in nature and that the amount payable and due to the defacto complainant has already been paid by the accused persons and therefore, there is no scope of the defacto comp...


Aug 22 2016

V. Kamaraj and Another Vs. The State of Tamil Nadu, Represented by its ...

Court: Chennai Madurai

Decided on: Aug-22-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd respondent to rectify anomaly of Community name in Petitioner's son Transfer Certificate (Serial No.6557) and same issue fresh Transfer Certificate with correct community name as Hindu Vadukar as per the Community Certificate issued by the Revenue Authority, by considering the Petitioner's representation, dated 27.06.2016 within a stipulated time fixed by this Court.) 1. Heard both sides. 2. By consent, the main Writ Petition itself is taken up for final disposal. 3. No counter is filed on behalf of the Respondents. 4. According to the Petitioner, he had admitted his son Karthik Kesavan in the Third Respondent / Balamandiram Higher Secondary School, Madurai, in the year 2014 and had submitted Community Certificate as, Hindu Vadukar . Subsequently, his son Karthik Kesavan completed 10th Standard in the Third Respondent School, in the year 2014 and...


Aug 22 2016

Kamalarasan Vs. The Deputy Superintendent of Police, Ramanathapuram, R ...

Court: Chennai Madurai

Decided on: Aug-22-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in History Sheet No.94/2008 dated 18.12.2008 and quash the same and consequently, direct the 1st respondent to close the History Sheet.) 1. The writ petition has been filed, seeking to quash the History Sheet No.94 of 2008 dated 18.12.2008 with the consequential direction to the 1st respondent to close the History Sheet. 2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. The petitioner is an accused in Kenikarai Police Station Crime Nos.130 of 2008 (under Sections 147, 148, 341, 323, 324 and 307 IPC) and 481 of 2008 (under Sections 147, 148, 323, 324 and 307 IPC). 4. Learned counsel for the petitioner has submitted that both the cases ended in acquittal, thereby there is no case pending as against the...


Aug 19 2016

K.S. Murugesan Vs. M. Kalavathi

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer:Criminal Revision Petition is filed under Sections 397 r/w. 401 of Cr.P.C., against the order dated 17.10.2007 made in M.C.No.62 of 2004 on the file of Family Court, Madurai.) 1. The husband of the respondent aggrieved by the direction of the learned Judge, Family Court, Madurai issued in M.C.No.62 of 2004 to pay a monthly maintenance of Rs.3,000/- to the respondent, this revision has been made. 2. The revision petitioner and the respondent are spouses. They were blessed with a son. Actually, it is a police family. The revision petitioner joined in the State Police Service and ultimately, became an Inspector of Police. His son followed his suit as he became a police constable. 3. There were matrimonial discordance between the revision petitioner and the respondent. That led to their separation. She sought for maintenance from him in the Family Court, Madurai in M.C.No.62 of 2004 under Section 125 of Cr.P.C. In a parallel matrimonial proceedings initiated under Section 24 of the...


Aug 19 2016

M. Rajendran and Others Vs. The Managing Director, Tamil Nadu State Tr ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondent to settle the petitioner's retirement benefits, including leave salary, post retirement benefits scheme arrears, dearness allowance arrears and all other attendant retirement benefits etc. with interest at the rate of not less than 12% per annum from the date of retirement and further directing the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits including the commuted value of pension, gratuity and other emoluments etc., to the petitioner payable from the date of retirement I.e.30.11.2013 to till date of actual payment.) 1. The petitioner was an employee of the respondent Transport Corporation. Seeking his retirement benefits, he has filed the present Writ Petition. 2. When the matter is taken up for hearing, learned Standing Counsel appearing for the respondent submitted that the issue is ...


Aug 19 2016

Ranjit Recreation Club, Rep. by its Secretary R. Selvaraj, Virudhunaga ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned circular issued by the 2nd Respondent in Na.ka.No.417/2016/B, dated 21.07.2016 and quash the same.) 1. Heard both sides. 2. Counter of Second Respondent is filed. 3. By consent, the main Writ Petition itself is taken up for final disposal. 4. According to the Petitioner/Club, it is a registered Society bearing Sl.No.132/2006 and it is a basically a Recreation Club. As a matter of fact, the Club purchased liquor cases from TASMAC godown after remitting appropriate charges. There is no sale taking place as such in the club. In reality, the members join together and consume liquor and the expenditure involved is shared. Furthermore, the Club pays a privilege fee of Rs.6,00,000/-. Further, the Petitioner/Club is running a bar for the past eight years. 5. The stand of the Petitioner/Club is that FL2 License was issu...


Aug 19 2016

K. Petchimuthu Vs. The Commissioner, Dindigul Corporation, Dindigul an ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent not to grant approval in favour of the 2nd respondent in the petitioner's property situated in Town Survey No.505/2, Elupamaram 2nd Street, Nagar Nagar, Dindigul Town, based on petitioner's representation dated 10.03.2016 within stipulated time period to be fixed by this Court.) 1. The petitioner herein seeks for the issuance of a Writ of Mandamus, directing the first respondent not to grant approval in favour of the second respondent as regards t he petitioner's property in Town Survey No.505/2, Elupamaram 2nd Street, Nagar Nagar, Dindigul Town, based on the representation of the petitioner, dated 10.03.2016. 2. The petitioner, after filing a suit in O.S.No.177 of 2013 before the District Munsif Court, Dindigul, for permanent injunction against the second respondent not to construct any new house in the property in question, has come to this C...


Aug 19 2016

M. Pandiarajan and Another Vs. The Deputy Superintendent of Police, Th ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Hon'ble Court of III Additional Sessions Judge PCR Court, Madurai to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.105 of 2016 pending on the file of the respondents.) 1. This petition has been filed, seeking to direct the learned III Additional Sessions Judge PCR Court, Madurai to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.105 of 2016 pending on the file of the respondents. 2. Learned counsel for the petitioners submits that the defacto complainant is the daughter of the petitioners; that she fell in love with on Sankaramurthy, who studied along with her in the college; both of them have married and the defacto complainant is now residing in the home of Sankaramurthy, pursuant to which, it is alleged that the parents use...


Aug 19 2016

S. Ramasamy and Another Vs. The Superintendent of Police, Dindigul, Di ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to initiate appropriate action against the fifth respondent and freeze his account including the pensionary benefits so as to enable the petitioner to realise the amount by considering the representation dated 11.07.2016.) T. Raja, J. 1. Learned Counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to approach the appropriate forum. He has also made an endorsement to that effect. 2. In view of the above, this Writ Petition is dismissed as withdrawn with liberty to approach the appropriate forum . No costs....


Aug 19 2016

J. Mercy Evangeline Secondary Grade Teacher Hindu Primary School, Keel ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(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 proceedings issued by the 2nd respondent herein in Na.Ka.NO. 520/A1/2015 dated 22.05.2015, quash the same and further direct the 2nd respondent herein to deploy the petitioner to nearby needy government schools in terms of Section 26 of the T.N. Recognised Private Schools (Regulation) Act within a reasonable time as may be specified by this Court.) 1. Learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as withdrawn. No costs....


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