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Chennai Court March 2012 Judgments

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Mar 21 2012

K.Venugopal Vs. Usha Rani.

Court: Chennai

Decided on: Mar-21-2012

PrayerCriminal Revision case filed under Section 397 r/w 401 Cr.P.C., praying this Court to call for the records relating to the order, dated 03.02.2012 made in Cr.M.P.No.292 of 2012 in C.C.No.108 of 2005, on the file of the Judicial Magistrate No.II, Virudhunagar and to set aside the same.ORDER1. This Criminal Revision Case stands listed today for admission. As there is no representation for the revision petitioner, this Court deems it fit to pass an order after going through the records.2. The petitioner in the revision case had been arraigned as accused No.2 in a criminal case instituted on a private complaint on the file of the learned Judicial Magistrate No.II, Virudhunagar in C.C.No.108 of 2005. The revision petitioner figures as the second accused in the said calendar case. One Sridhar, figures as accused No.1 and Chandra and Anusha Priya figure as accused Nos.3 and 4 respectively. The accused Nos.2 and 3 Venugopal and Chandra are the parents of Sridhar, who figures as first acc...


Mar 21 2012

Balakumar Vs. Muthuselvam.

Court: Chennai

Decided on: Mar-21-2012

JUDGMENT1. This criminal appeal has been filed against the judgment of acquittal pronounced by the learned Judicial Magistrate, Musiri in C.C.No.109 of 2007. The said case was instituted on a private complainant filed pursuant to a negative report submitted by the Sub-Inspector of Police, Musiri Police station in crime No.163 of 2006 registered on the file of the said police station. The complaint to the police was made by the appellant herein.2.The contents of the complaint are to the effect that on 03.04.2006 the respondent herein drove his motor cycle bearing registration No.TN-46-A-5259 on Pulivalam-Musiri main road rashly and negligently keeping the deceased Thenmozhi seated on the motor cycle as a pillion rider and that as a result of such negligent driving, the pillion rider, namely the deceased Thenmozhi was thrown out from the motor cycle, resulting in head injuries which ultimately led to her death on the failure of treatment. Though the time of death of Thenmozhi on the way ...


Mar 21 2012

Dr.A.Chinnadurai Vs. State of Tamil Nadu.

Court: Chennai

Decided on: Mar-21-2012

PRAYER IN W.P.NO.169 OF 2007: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of Original Application in O.A.No.2974 of 2001 from the file of the Tamil Nadu Administrative Tribunal with a prayer to call for the entire proceedings leading to the issue of G.O.(D) No.1416, Health and Family Welfare (I) Department, dated 13.11.2000 on the file of the respondent and quash the same.PRAYER IN W.P.NO.15981 OF 2011: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the entire records, leading to the issue of the G.O.(D) No.892, Health and Family Welfare (I-2) Department, dated 30.07.2009 and G.O.(D) No.896, Health and Family Welfare (I-2) Department, dated 31.07.2009 on the file of the respondent herein and quash the same and direct the respondent to permit the petitioner to retire from service with effect from 31.07.2009, his date of retirement on s...


Mar 21 2012

P.Muthupandi Vs. the General Manager

Court: Chennai

Decided on: Mar-21-2012

PrayerPetition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent in Memorandum No.IP1311/MaVa2/AVIPOKATHANA/2011 dated 8.3.2011 quash the same and consequently direct the respondents herein to consider the petitioner's application dated 16.02.2011 for compassionate appointment.ORDER1. The prayer in the writ petition is to quash the impugned order of the 1st respondent, dated 8.3.2011 and consequently direct the respondents herein to consider the petitioner's application dated 16.02.2011 for compassionate appointment.2. The case of the petitioner is that the petitioner's father, who was working as Driver in the 2nd respondent Corporation, died while in service on 27.05.1998. At that time, the petitioner was 19 years old. However, he made an application on 16.02.2011 to the 2nd respondent and the same was forwarded to the 1st respondent. The reque...


Mar 21 2012

The Special Tahsildar (L.A.) Vs. S.Ramanathan and ors.

Court: Chennai

Decided on: Mar-21-2012

COMMON JUDGMENT1. Animadverting upon the common judgment and decrees dated 24.10.2007 passed by the learned Subordinate Judge, Thiruvallur in various L.A.O.Ps., the Government has filed these appeals.2. Heard Mr.S.Pasupatheeswaran, learned Special Government Pleader (A.S.) for the appellant, Mr.A.S.Vijayanand, learned counsel for the claimants/land owners and Mrs.Narmada Sampath, learned Standing Counsel for SIPCOT, the requisitioning authority.3. The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of these appeals would run thus: The Government published Section 4(1) Notification under the Land Acquisition Act for acquiring various lands in Sirumangadu village in Sriperumbudur Taluk, for setting up Industrial Complex, viz., SIPCOT. After complying with the procedures, the Land Acquisition Officer acquired the land and assessed the compensation in a sum of Rs.227/- per cent. Being aggrieved by such awarding of the compensation, the...


Mar 21 2012

Lakshmi Vs. Joint Family Manager M.Ganapathy.

Court: Chennai

Decided on: Mar-21-2012

ORDER1. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the first respondent.2. The Review Application has been filed by the petitioners, to review the order passed by this Court, on 9.3.2010, in C.R.P.(PD)No.568 of 2009. This Court had passed the order, dated 9.3.2010, in C.R.P.(PD)No.568 of 2009, dismissing the Civil Revision Petition filed by the petitioners against the order, dated 2.4.2008, made in I.A.No.650 of 2004, in O.S.No.132 of 2004, on the file of the District Munsif Court, Dharapuram.3. This Court had passed the order, dated 9.3.2010, dismissing the Civil Revision Petition. Paragraphs 12 and 13 of the said order read as follows: "12. Even though this Court, by its order, dated 13.11.2007, made in C.R.P.No.2742 of 2007, had remanded the matter back to the trial Court, after setting aside the order, dated 10.7.2007, made in I.A.No.650 of 2004, to consider the evidence of one Subbathal and to pass orders, afresh, on merits ...


Mar 21 2012

Ms.Apex Techno Polymers Pvt Ltd Vs. the Deputy Commercial Tax Officer.

Court: Chennai

Decided on: Mar-21-2012

PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records of the respondent in G.D.No.209/2011-12 dated 15.03.2012 and consequential notice dated 16.03.2012 and quash the same and further direct the respondent to release the consignment detained on 15/03/2012.ORDER1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing on behalf of the respondent.2. By consent of both the parties, the writ petition is taken up for final disposal.3. In view of the similar orders passed by this Court, in a number of writ petitions, including the order, dated 21.12.2010, made in W.P.No.29050 of 2010, the following order is passed: i) The petitioner shall pay a sum of Rs.82,225/-, which is the amount of tax demanded by the authority concerned, while passing the detention order. ii) On payment of such tax amount, the goods detained shall be released and the same shall be subjec...


Mar 21 2012

Mr. K. Nithyananadan Vs. Director General of Police, Tamil Nadu and or ...

Court: Chennai

Decided on: Mar-21-2012

ORDER1. Heard the learned counsels appearing for both sides.2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to direct the respondents 1 to 4 to conduct a fresh investigation and inquiry, in respect of Crime No.398/2007, pending on the file of the Inspector of Police, Thiruchengode.3. It has been stated that the petitioner is the father of N.Divya, who had died, on 16.7.2007, while she was pursuing her plus one course, in Vidya Vikas Higher Secondary School (for Girls), Thiruchengode, Namakkal District.4. It has been further stated that the petitioner s daughter, N.Divya, had died, under suspicious circumstances. Therefore, he has filed the present writ petition before this Court, under Article 226 of the Constitution of India, to direct the respondents 1 to 4 to conduct a fresh investigation and inquiry, in respect of Crime No.398/2007, pending on the file of the Inspector of Police, Thiurchengode.5. It has been further stated tha...


Mar 21 2012

Ms.Ultratech Cement Limited Vs. the Additional Commissioner of Central ...

Court: Chennai

Decided on: Mar-21-2012

PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus to call for the records,relating to the Miscellaneous Order passed by the 2nd Respondent in Order in Appeal No.01/12-dated 24.02.2012, quash the same and consequently direct the 2nd respondent to hear the Appeal filed by the Petitioner against the Order in Original No.7/2011-CE, dated 25.05.2011, passed by the 1st Respondent, without insisting the pre-deposit of 50% of the CENVAT credit demanded and 50% of the penalty imposed vide Miscellaneous order in Appeal No.01/12-dated 24.02. ORDER1. Heard the learned counsel appearing for the petitioner and the learned counsel on behalf of the respondents.2. This Writ Petition has been filed challenging the order of the second respondent, dated 24.02.2012, made in the stay application filed in the appeal, in A.No.119/2011-TRY(CE), pending on the file of the second respondent.3.By the impugned order, dated 24.02.2012, the petitione...


Mar 20 2012

Kunnudaiyan Vs. the District Revenue Officer

Court: Chennai

Decided on: Mar-20-2012

PrayerWrit petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for records relating to the order passed by the second respondent in his proceedings in Na.Ka.A1/70/2011 dated 31.05.2011 and quash the same as illegal and consequently direct the 3rd respondent to provide adequate protection for the smooth and peaceful celebration of annual festival of Sree Maha Mariyamman Temple, Chinthamanipatti, Keelapaguthi Village, Kadavur Taluk on 14, 15, 16 - June - 2011.ORDER1. In this writ petition the petitioner has challenged the order passed by the second respondent dated 31.05.2011 and consequently, seeking for a direction to the 3rd respondent to provide adequate police protection for the smooth and peaceful celebration of annual festival of Sree Maha Mariyamman Temple, Chinthamanipatti, Keelapaguthi Village, Kadavur Taluk on 14, 15, 16 June 2011.2.The case of the petitioner is that he is the heredity priest of Sree Maha Mariyamm...


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