Chennai Court December 2011 Judgments
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Kabeer Vs. the Commissioner of Police and ors.
Court: Chennai
Decided on: Dec-14-2011
The petitioner is the father of the minor child, by name, Ahammed Afsar, aged 6 years (hereinafter referred to as “detenu”). One Aaisha Begam is his wife. There has been some matrimonial dispute between the petitioner and his wife and therefore, she has been living separately. The third respondent is the sister of his wife. The detenu, according to the petitioner, was all along in his care and custody. He was also studying in a local School. While so, according to the petitioner, on 15.7.2011, from the school, the third respondent has taken the detenue and she has been keeping the detenu in illegal custody. With these allegations, the petitioner has preferred a complaint to the first respondent on 16.7.2011. Since no action whatsoever was taken on the same, the petitioner has come up with this Habeas Corpus Petition seeking a direction to the respondents 1 and 2 to secure the custody of the minor detenu and to hand over him to the petitioner. 2. Today, the learned Additiona...
Lex Property Development (P) Ltd. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Dec-14-2011
Duo non possuni in solido unam rem possidere - Two persons cannot possess one thing in entirety The petitioner has come forward with this petition seeking to protect the rights of the petitioner by directing the Chief Court of Small Causes, Chennai, to proceed adjudicate the claim petition in Crl.M.P.No.4136 of 1999 and Crl.M.P.No.4138 of 2000 and to pass such further or other orders. 2. The first respondent filed applications in Crl.O.P.No.1 of 1997 and Crl.O.P.No.11 of 1997 before the Court of Chief Judge, Small Causes, Chennai for attachment of the properties belonging to the petitioner company on unreasonable and erroneous assumptions that they form part of the properties covered in the Criminal Case registered in Crime No.13/AC/96/HQ by the Directorate of Vigilance and Anti Corruption against Selvi J.Jayalalitha, the present Chief Minister of Tamil Nadu and three other suspected as her benamies for alleged offences under Section 13(2) r/w Section 13(1)(e) of the Prevention of Corr...
Sandiyagu Vs. the Secretary to Government and anr.
Court: Chennai
Decided on: Dec-14-2011
This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 30.9.2011, made in Detention Order No.15/2011, and quash the same, and to produce the detenu, namely, Y.Ravi, son of Yacob, aged about 36 years, confined in the Central Prison, Madurai, before this Court and to set him at liberty. 2. The petitioner has stated that the second respondent had passed the impugned detention order, dated 13.9.2011, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act,1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D) No.130, Home, Prohibition and Excise (XVI) Department, dated 18.7.2011, under sub-section (2) of Section 3 of the said Act, directing the detention of Y.Ravi, in the Central Prison, Madurai, terming him as a '...
Duraipandi Devar Vs. State and anr.
Court: Chennai
Decided on: Dec-14-2011
(The Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed to call for the records relating to the order of the first respondent, dated 24.09.2011, made in H.S.(M)Confdl.No.15/2011, and quash the same, and to produce the detenu, namely, Lakshmanan @ Letger, son of Duraipandi Devar, aged about 31 years, confined in the Central Prison, Palayamkottai, before this Court and to set him at liberty. 2.The petitioner has stated that the first respondent had passed the impugned detention order, dated 24.09.2011, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D).No.150, Home, Prohibition & Excuse (XVI) Department, dated 18.07.2011, under sub-section (2) of Section 3 of the said Ac...
The Commissioner and anr. Vs. Sri. V. Varada Ganesa Perumal and anr.
Court: Chennai
Decided on: Dec-14-2011
This Appeal Suit is focussed by the original defendants animadverting upon the judgment and decree dated 19.01.1994, passed in O.S.No.116 of 1988 by the learned Principal Subordinate Judge, Tirunelveli. 2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court. 3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this Appeal Suit would run thus: The plaintiffs filed the statutory suit, invoking Section 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 22 of 1959 on the ground that their ancestors constructed a house, wherein a part of it was set apart for installing the deity Uchinimakaliamman, which happened to be their family deity. The said temple and the residential portion forms part of one and the same structure. The land measuring 66 cents belongs to the plaintiffs and it is a private property. From out of the income derive...
Kamalam Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Dec-14-2011
(The Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 28.09.2011, made in H.S.(M)Confdl.No.18 of 2011, and quash the same, and to produce the detenu, namely, Kutti @ Narasimmon, son of Malaiappa Nadar, aged about 34 years, confined in the Central Prison, Palayamkottai, before this Court and to set him at liberty. 2. The petitioner has stated that the second respondent had passed the impugned detention order, dated 28.09.2011, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D).No.150, Home, Prohibition & Excuse (XVI) Department, dated 18.07.2011, under sub-section (2) of Section 3 of the sai...
Kala Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Dec-14-2011
This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 28.09.2011, made in No.12/BDFGISSV/2011, and quash the same, and to produce the detenu, namely, K.Esakkimuthu, son of Karuppasamy Yadav, aged about 30 years, confined in the Central Prison, Palayamkottai, before this Court and to set him at liberty. 2. The petitioner has stated that the second respondent had passed the impugned detention order, dated 28.09.2011, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act,1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D).No.122/Home, Prohibition and Excise (XVI) Department, dated 18.07.2011, under sub-section (2) of Section 3 of the said Act, directing the detention of K.Esakkimuthu, in the Central Prison, ...
S.Murugesan Vs. the Secretary to Government and ors.
Court: Chennai
Decided on: Dec-14-2011
This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 11.10.2011, made in Detention order No.17/2011, and quash the same, and to produce the detenu, namely, S.Murugesan, son of Selvaraj, aged about 33 years, confined in the Central Prison, Madurai, before this Court and to set him at liberty. 2. The petitioner has stated that the second respondent had passed the impugned detention order, dated 11.10.2011, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act,1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D) No.130, Home, Prohibition and Excise (XVI) Department, dated 18.7.2011, under sub-section (2) of Section 3 of the said Act, directing the detention of S.Murugesan, in the Central Prison, Madurai, ter...
J.Mahalakshmi Vs. the State of Tamil Nadu and anr.
Court: Chennai
Decided on: Dec-14-2011
(The Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 26.07.2011, made in H.S.(M)Confdl.No.8 of 2011, and quash the same, and to produce the detenu, namely, Jagadeesan, son of Chandrasekaran, aged about 31 years, confined in the Central Prison, Palayamkottai, before this Court and to set him at liberty. 2. The petitioner has stated that the second respondent had passed the impugned detention order, dated 26.07.2011, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D).No.150, Home, Prohibition & Excuse (XVI) Department, dated 18.07.2011, under sub-section (2) of Section 3 of the said Act, dir...
S.Ramasamy Vs. the Sub Collector and ors.
Court: Chennai
Decided on: Dec-14-2011
The Writ Petition is filed by the petitioner seeking to set aside the order dated 18.02.2010 passed by the first respondent and the order of the second respondent in RTR No.1032/2008, dated 21.04.2008 and after setting aside the same, seeks for a direction to respondents 1 and 2 to restore the patta for the land in Survey Nos.159/13, 159/17, 159/19 and 159/22 in Andankoil West Village, Karur Taluk to the extent of 37.5 cents standing in the name of the petitioner. 2. When the Writ Petition came up on 17.03.2010, this Court ordered notice regarding admission. Private notice was also ordered to the third respondent. Pending the notice, this Court granted an order of status quo. On notice from this Court, the third respondent has filed a counter-affidavit dated 31.03.2010 together with the supporting documents in the form of a typed-set dated 31.03.2010. 3. Aggrieved by the conduct of the third respondent, even after obtaining an order of status quo, alleging that with the help of the Kar...
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