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Chennai Madurai Court September 2016 Judgments

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Sep 27 2016

M. Balasubramaniam Vs. The Commissioner, Hindu Religious and Charitabl ...

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records of the first respondent in R.P.No.3 of 2012, dated 25.03.2013 and quash the same.) This writ petition has been filed challenging the order passed by the first respondent dated 25.03.2013 setting aside the order passed by the second respondent and directing the third respondent to take necessary steps to lease out the property in dispute in public auction. 2. According to the petitioner, an extent of 10.52 acres of dry land in Survey Nos.179 and 180 of Krishnapuram Village, Tenkasi Taluk, Tirunelveli District belongs to the third respondent herein. The above said lands were leased out to the fourth respondent who is none other than the father of the writ petitioner. Since the fourth respondent committed some default in payment of rent and also attempted to convert the lands as cattle sandy, the third respondent filed a petition before the Joint Com...


Sep 27 2016

J. Vanitha Vs. The Chief Judicial Magistrate, Madurai

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for records relating to the impugned order passed by the respondent, dated 26.07.2016 in D.No.1344/16.08.2016, quash the same and consequently, direct the respondent to permit the petitioner to participate the interview for the post of Office Assistant in Madurai District Court Recruitment 2016.) V.M. Velumani, J. 1. This Writ Petition has been filed to call for records relating to the impugned order passed by the respondent, dated 26.07.2016, in D.No.1344/16.08.2016 and quash the same with the consequential direction to the respondent to permit the petitioner to participate in the Interview for the post of Office Assistant in Madurai District Court Recruitment 2016. 2. The petitioner is a Graduate in Bachelor of Science [Home Science] and registered her qualification in the District Employment Office at Madurai, vide Registration No.MDD1994F00003517...


Sep 27 2016

S. Babu John Vs. The Management of Tamil Nadu State Transport Corporat ...

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to refer the petitioner to Medical Board to find out his disability and to provide him a suitable alternative permanent employment with pay protection, continuity of service, backwages and all other attendant benefits in accordance with Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955.) 1. This petition has been filed, seeking to direct the respondent to refer the petitioner to Medical Board to find out the genuineness of the claim of disability and to provide him a suitable alternative permanent employment with pay protection, continuity of service, backwages and all other attendant benefits in accordance with Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955. 2. Mr.A.P.Muthupandian, learned counsel, t...


Sep 27 2016

Krishnamoorthy Vs. State of Tamil Nadu rep. by the Secretary to Govern ...

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records in detention order passed in C.O.C.No.47/2016 dated 18.06.2016 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the petitioner's wife namely Murugeswari, Wife of Krishnamoorthy, female aged 55 years, who is detained in Special Prison for Women, Tiruchirappalli before this Court and set her at liberty.) S. Nagamuthu, J. 1. The petitioner is the wife of the detenue. He has been detained as per the order of the 2nd respondent under Section 2(b) of the Tamil Nadu Act 14 of 1982, branding him as 'Bootlegger'. 2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and we have also perused the records carefully. 3. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for the Petitioner would ma...


Sep 27 2016

J. Paul Victor Kirubakaran Vs. District Elementary Educational officer ...

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 14.12.2008 of the third respondent refusing approval of appointment of the petitioner as Tamil Pandit and quash the same and consequently direct the respondents herein to approve the appointment of the petitioner as Tamil Pandit in the fourth respondent with all arrears of salary, monetary and attendant benefits.) 1. It is represented by the learned counsel for the petitioner that the writ petition has become infructuous. 2. Recording the abovesaid statement, this writ petition is dismissed as infructuous. No costs....


Sep 27 2016

The Executive Officer, Arulmigu Boothanayagiamman Temple, Thuvarankuri ...

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned order of the 2nd respondent dated 17.09.2016 and quash the same as illegal and consequently permit the petitioner to conduct the Mandagapadi festival as part of Arulmighu Boothanayagiamman Temple festival situate at Thuvarankurichi Marungapuri Taluk Trichy District scheduled to be conducted from 29.09.2016 to 06.10.2016 by following the customary practice and rights followed by the villagers from time immemorial.) This writ petition has been filed by the Executive Officer of the Arulmigu Boothanayagiamman Temple, Thuvarankurichi, Marunkapuri Taluk, Trichy District challenging the proceedings of the second respondent dated 17.09.2016. 2. The case of the petitioner in brief is as follows:- The petitioner is the Executive Officer of the Arulmigu Boothanayagiamman Temple, Thuvarangurichi, Marungapuri Taluk, Trichy District ...


Sep 27 2016

Tvl. Annamalaiar Mills (P) Ltd., Vs. The Deputy Commercial Tax Officer ...

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the case from the file of the second respondent herein in M.T.A.No.34 of 2002, dated 28.02.2003 for the TNGST 1984-85 and quash the same.) M. Sathyanarayanan, J. 1. The petitioner in the affidavit filed in support of this writ petition, would aver as follows: 1.1. The petitioner company is carrying on the business of purchase of cotton and manufacture of cotton yarn and is holding the entire 100% share of it's company, namely, Annamalaiar Textiles (P) Ltd., and it is also registered dealer under the Tamil Nadu General Sales Tax Act, 1959 (in short 'TNGST Act'). The petitioner company reported in it's monthly return in Form-I for the assessment year 1984-85 before the first respondent, a turnover of Rs.3,37,94,293.00 and a taxable turnover of Rs.1,79,24,592.00 and paid the taxes along with the return for that assessment year. 1.2. The petitioner company filed ...


Sep 27 2016

Tamilarasi Vs. Prasad

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct learned III Additional Sub-Court, Madurai to dispose of H.M.O.P.No.297 of 2015 on its file, as expeditiously as possible, within the time stipulated by this Court.) 1. This revision has been filed seeking for a direction to the learned III Additional Sub-Court, Madurai to dispose of H.M.O.P.No.297 of 2015 on its file, as expeditiously as possible, within the time stipulated by this Court. 2. Heard the learned counsel for the revision petitioner and perused the materials on record. 3. According to the learned counsel for the Petitioner, the Petitioner has filed H.M.O.P.No.297 of 2015 before the learned III Additional Subordinate Judge, Madurai to grant a decree of divorce by dissolving the marriage between them which took place on 27.08.2014.The respondent herein did not file any counter affidavit and drag on the said proceedings and the matter has been adjourned from time...


Sep 27 2016

A.N. Alagendra Nithi Vs. The Senior Area Manager, Indane Area Office, ...

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 2nd Respondent vide proceedings Ref.No. MAO/imb 13-14/Madurai (Vilangudi) dated 13.07.2016 quash the same and consequently direct the 2nd Respondent to accept the application submitted by the Petitioner and allow him to participate in the selection process for LPG Distributorship Madurai (Vilangudi) area by lot system.) Challenging the order passed by the second respondent dated 13.07.2016 rejecting the application filed by the petitioner for award of LPG Distributorship at Madurai (Vilangudi) on the ground the petitioner does not have minimum liquid funds of Rs.5 lakhs for urban category, the present writ petition has been filed. 2. According to the petitioner, the respondents called for applications for appointing 296 LPG Distributorship through out the State of Tamil Nadu by way of paper publi...


Sep 27 2016

Chinnaiah Vs. Sakthivel and Others

Court: Chennai Madurai

Decided on: Sep-27-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records from the second respondent and quash the order passed by the State Human Rights Commission - Tamil Nadu, in S.H.R.C.No.5138 of 2005, dated 25.04.2008.) V.M. Velumani, J. 1. This Writ Petition has been filed to call for the records relating to the impugned order passed by the second respondent, dated 25.04.2008, in S.H.R.C.No.5138 of 2005, and quash the same. 2. The facts of the case: According to the first respondent, the petitioner viz., Chinnaiah and one Kaliyamoorthy and Periyasamy while working as Inspector of Police and Head Constables respectively in Kulithalai Police Station, on 27.12.2004 took the first respondent to Kulithalai Police Station. From there, again, he was taken to Thogamalai Police Station. In the said Police Station, the first respondent was kept and confined in a separate Cell. He was tortured therein by beating all over hi...


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