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Chennai Madurai Court January 2017 Judgments

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Jan 31 2017

Minu Chowdhri Vs. B. Manavalan

Court: Chennai Madurai

Decided on: Jan-31-2017

(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in H.M.O.P.No. 94 of 2014 from the file of the Sub Court, Theni and transfer the same to any other Family Court in Chennai.) 1. Heard Mr.M.Mohamed Muzammil, learned counsel appearing for the petitioner and Mr.S.Venkatesh, learned counsel appearing for the respondent. 2. The above Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife to transfer H.M.O.P.No.94 of 2014 on the file of Sub Court, Theni, to any other Family Court, Chennai, filed by the respondent/husband, for divorce. 3. This Court granted an order of interim stay of further proceedings on 15.03.2016 and a copy of the order was served upon the respondent/husband on 29.03.2016 itself. A memo was also filed before the Trial Court on 16.03.2016. 4. However, the respondent filed an advance hearing petition in H.M.O.P.No.94 of 2014 filed by him and got a decree of divorce on 21.09.2016...


Jan 31 2017

P.T. Rajan Vs. Inspector General of Registration, Registration Departm ...

Court: Chennai Madurai

Decided on: Jan-31-2017

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the 1st respondent relating to the impugned order dated 15.04.2016 in No.57611/N3/2015 and consequential proceedings issued by the 2nd respondent in Pa.Mu.Tha.No.722/2010 dated 20.01.2015 and quash the same.) This writ petition is filed challenging the order of the first respondent dated 15.04.2016 rejecting the appeal filed by the petitioner under Section 47A(5) of the Indian Stamp Act, on the ground that the same was filed beyond the period of limitation. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The petitioner had presented a sale deed before the third respondent for registration and the same was registered as Document No.710 of 2010. However, an order came to be passed on 20.01.2015 by the Collector of Stamps under Section 47A of the Indian Stamp Act, calling ...


Jan 31 2017

S. Perumal Vs. R. Saraswathi and Others

Court: Chennai Madurai

Decided on: Jan-31-2017

(Prayer: Civil Revision Petition filed Article 227 of the Constitution of India, under Section 115 of the code of Civil Procedure, against the fair and executable order, dated 10.11.2009, made in I.A.No.205 of 2009 in O.S.No.15 of 2009, on the file of the II Additional Subordinate Court, Nagercoil.) 1. This Civil Revision Petition has been filed against the fair and executable order, dated 10.11.2009, made in I.A.No.205 of 2009 in O.S.No.15 of 2009, on the file of the II Additional Subordinate Court, Nagercoil. 2. The petitioner is the plaintiff. The first respondent is the third party to the suit in O.S.No.15 of 2009 and petitioner in I.A.No. 205 of 2009. The respondents 2 to 6 are the defendants 1 to 5. The petitioner filed the suit in O.S.No.15 of 2009 before the Subordinate Court, Nagercoil, for declaration to declare that the sale deed, dated 15.07.1986, executed by the respondents 2 to 4/defendants 1 to 3 in favour of the fifth respondent/fourth defendant and also to declare that...


Jan 27 2017

P. Arockiasamy Vs. The Deputy Superintendent of Police, Tirunelveli an ...

Court: Chennai Madurai

Decided on: Jan-27-2017

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 1st respondent proceeding in Na.Ka.No.05/Se.Mu.Kaa.Thu.Ka.Ku/2017 dated 23.01.2017 and quash the same and consequently direct the respondents to grant permission to perform cultural programme of ''Orchestral Music'' to be conducted on 29.01.2017 and 31.01.2017 at about 10.00 p.m. to 02.00 a.m. in connection with the ''St.Antony Feast Festival'' of St.Antony Church'' at Karuthapillaiyur, Ambasamudram Taluk, Tirunelveli District.) 1. This Writ Petition has been filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 1st respondent in Na.Ka.No.05/Se.Mu.Kaa.Thu.Ka.Ku/2017, dated 23.01.2017, and quash the same and consequently direct the respondents to grant permission to perform cultural...


Jan 27 2017

Rajeshwaran and Another Vs. The Deputy Superintendent of Police, Tirun ...

Court: Chennai Madurai

Decided on: Jan-27-2017

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Juvenile Justice Board, Tirunelveli, to accept the surrender and consider the bail application to be filed the petitioner, on the same day on merits in Crime No.15 of 2017, on the file of the respondent police.) 1. This petition has been filed, seeking a direction to the Juvenile Justice Board, Tiruneveli, to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.15 of 2017 on the file of the 2nd respondent police. A case has been registered against the petitioners, who are juveniles, under Sections 147, 148, 294(b), 355, 323 and 506(ii) IPC read with Sections 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015. 2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents. 3. When a specific question was posed as...


Jan 27 2017

Sivaguru Vs. State rep. by its the Inspector of Police, Virudhunagar

Court: Chennai Madurai

Decided on: Jan-27-2017

(Prayer: Petition filed under Section 482 of Criminal Procedure Code, praying to set aside the order passed in Crl.M.P.No.10880 of 2015 in C.C.No.11 of 2014 dated 29.04.2016 on the file of Judicial Magistrate No.I, Virudhunagar by allowing this Criminal Original Petition and to permit the petitioner/accused to recall P.W.-1, P.W.-2 and P.W.-6 for the purpose of cross examination.) 1. This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, seeking to set aside the order passed by the learned Judicial Magistrate No.I, Virudhunagar in Crl.M.P.No.10880 of 2015 in C.C.No.11 of 2014 dated 29.04.2016. 2. The learned Judicial Magistrate No.I, Virudhunagar dismissed the application filed by the petitioner/accused to recall P.Ws.1, 2 and 6 for cross-examination. 3. The learned counsel for the petitioner contends that the petitioner has failed to cross-examine those witnesses when they were examined in chief and unless an opportunity is given to the petitioner...


Jan 25 2017

R. Balaguru and Another Vs. The Divisional Railway Manager, Southern R ...

Court: Chennai Madurai

Decided on: Jan-25-2017

(Prayer: in W.P(MD)No.23955 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant permission to run Sweet Stall at Ramanathapuram Railway Station as per the proceedings of the 2nd respondent dated 20.12.2016 and considering the recommendation of the fourth respondent dated 22.09.2014 and 01.08.2015. Prayer: in W.P(MD)No.23956 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant permission to run Combined Fruit and Vegetarian Tea Stall at Ramanathapuram Railway Station as per the proceedings of the 2nd respondent dated 24/27.12.2012 and considering the recommendation of the fourth respondent dated 22.09.2014.) Common Order: 1. In both these writ petitions, the respective writ petitioners seek for a direction to the respondents to grant permission to run Stall at Ramanathapuram Railway Station, as per the procee...


Jan 25 2017

The Superintendent of Police, Sivagangai Vs. P. Selvi and Others

Court: Chennai Madurai

Decided on: Jan-25-2017

(Prayer: Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the order dated 19.02.2015 in M.C.O.P.No.34 of 2011 on the file of the Motor Accident Claims Tribunal, Sivagangai (District Court, Sivagangai). R. Subbiah, J. 1. This appeal has been filed by the Superintendent of Police, Sivagangai District, as against the order dated 19.02.2015, made in M.C.O.P.No.34 of 2011, passed by the Motor Accident Claims Tribunal -cum- District Court, Sivagangai,, awarding a sum of Rs. 17,00,000/- as compensation as against the claim of Rs.20,00,000/- made by the respondents 1 to 3 herein, who are the claimants before the Tribunal. 2. The first respondent is the wife of the deceased Panchavarnam and the second and third respondents are the son and daughter of the deceased respectively. The case of the respondents 1 to 3 is that on 10.09.2010, when the first respondent's husband was driving his motorcycle bearing Registration No.TN-63-F-4017 near Thoothai Vilakku, at about 10.30 ...


Jan 25 2017

Meenakshi Sundaram Vs. The District Treasury Officer, Office of the Di ...

Court: Chennai Madurai

Decided on: Jan-25-2017

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records of the respondent in Na.Ka.10266/2013/E1 dated Nil 09.2013 and quash the same as illegal and arbitrary and consequently direct the respondent to reimburse the amount recovered from the petitioner on the basis of the impugned order.) 1. The prayer in the writ petition is for a certiorarified mandamus to call for the records of the respondent in Na.Ka.10266/2013/E1 dated Nil 09.2013 and quash the same as illegal and arbitrary and consequently direct the respondent to reimburse the amount recovered from the petitioner on the basis of the impugned order. 2. The short facts leading to the filing of the writ petition is that the petitioner was working as a Village Administrative Officer and he retired from service on 31.08.2002. While so, after 11 years of his retirement, this impugned order has been passed suddenly by the respondents, without ...


Jan 25 2017

S. Ganesh Vs. The Deputy Registrar, Co-operative Societies, Dindigul a ...

Court: Chennai Madurai

Decided on: Jan-25-2017

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the auction notice dated 07.01.2017 on the file of the 2nd and 3rd respondent and quash the same and directing the respondents 2 and 3 to waive the petitioner's jewel loans in No.2174 dated 15.06.2015, 2175 dated 15.06.2015, 2234 dated 09.07.2015 and 2382 dated 03.09.2015.) 1. This writ petition has been filed, seeking to quash the auction notice dated 07.01.2017 issued by the respondents 2 and 3, in and by which, the petitioner's jewels were put into auction pursuant to non-repayment of jewel loans. The petitioner also sought a direction to the respondents 2 and 3 to waive the petitioner's jewel loans in No.2174 dated 15.06.2015, 2175 dated 15.06.2015, 2234 dated 09.07.2015 and 2382 dated 03.09.2015. 2. The case of the petitioner is that he is an agriculturist and also a member of 2nd and 3rd respondent Society, having membe...



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