Chennai Court October 2015 Judgments
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Shenbagavalli and Another Vs. T. Purushothaman and Others
Court: Chennai
Decided on: Oct-28-2015
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the impugned order dated 20.08.2015 made in I.A. No: 108 of 2015 in O.S. No: 153 of 2015 on the file of the learned Additional District Judge III at Poonamallee.) 1. The Revision Petitioners are the defendants 10 and 11 in O.S. No: 153 of 2013 on the file of the III Additional District Court, Tiruvallur at Poonamallee. It is a suit for partition. The revision Petitioners filed an application under Order 7 Rule 11 C.P.C. for rejection of the plaint in I.A. No: 108 of 2015 in O.S. No: 153 of 2013. The same was rejected by the trial Court by an order dated 20.08.2015. This revision petition is against the said order. 2. Learned counsel for the revision petitioner has vehemently contended that the trial Court committed an error in rejecting the application and according to him, the trial Court was not correct in holding that the plaintiffs were in joint possession of the properties and, the Court ...
Sri Arulmighu Arumughaswami Kavadi Thirukoil, Rep. by its Managing Tru ...
Court: Chennai
Decided on: Oct-28-2015
(Prayer: Civil Revision Petition has been filed against the order dated 24.06.2015 made in I.A.No.310/2015 in O.S.No.57/2007 on the file of the Sub Court, Dharmapuri.) 1. The revision petitioners are the plaintiffs in OS No.57 of 2007 on the file of the Sub Court, Dharmapuri. The respondent herein is one of the defendants in the aforesaid suit. 2. Pending suit, the respondent /4th defendant filed IA No.310/2015 in OS.No.57/2007 to condone the delay in filing the petition mentioned documents and to receive those documents. The said application was allowed by the trial court on 24.06.2015. Hence, the revision petitioners / plaintiffs filed the present Civil Revision Petition against the said order. 3. The learned counsel for the revision petitioners seriously contended that the aforesaid application was filed belatedly and hence, the trial court ought to have rejected the same. 4. It is also stated by the learned counsel for the revision petitioners that the trial has commenced and the p...
R. Velladurai (A3) and Others Vs. State through Inspector of Police, V ...
Court: Chennai Madurai
Decided on: Oct-28-2015
(Prayer: Appeals are filed under Section 374 of the Code of Criminal Procedure against the conviction and sentence passed by the Additional Sessions Judge, Fast Track Court No.2, Tirunelveli, in S.C.No.302 of 2010 dated 25.01.2012.) Common Judgment: S. Nagamuthu. J. The Appellants in Crl.A.(MD) No.87 of 2012 are the Accused 1 and 2 and the Appellants in Crl.A.(MD) No.16 of 2012 are the Accused 3 and 4 in S.C.No.302 of 2010 on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Tirunelveli. Totally, there were six accused in the case, including the appellants herein. The Trial Court framed as many as ten (10) charges as detailed below:- Charge NumberCharge(s)Against AccusedCharge(s) framed under Penal provision1A1 to A6120(B) of IPC2A1 to A6148 of IPC3A1 and A23024A3 to A6302 r/w 149 of IPC5A1307 of IPC6A2 to A6307 r/w 149 of IPC7A3307 of IPC8A1, A2 and A4 to A6307 r/w 149 of IPC9A4302 of IPC10A1, A3, A5 and A6302 r/w 149 of IPC The accused denied the charge...
R.S. Raja Kannappan Vs. K.R. Periakaruppan and Others
Court: Chennai
Decided on: Oct-28-2015
(Prayer: Election petition filed under section 80, 81, 82,83,84, 100(1)(b)(d)(ii)(d)(iv) read with Section 58, 58-A, 64-A of the representation of People Act 1950, Rule 66-A read with Rule 55-C(2),(3)(4) of Conduct of Election Rules 1961, Rule 53 of the Conduct of Election Rules 1961, Rule 49-T(2), 49-V(2) of the Conduct of Election Rules 1961 Rule 49-S(2) of the Conduct of Election Rules 1961, to i) declare the election of the Returned Candidate, namely Thiru K.R.Periyakaruppan, the first respondent herein from No.185, Tiruppathur Assembly Constituency, Tamil Nadu, in election held on 13.04.2011 (in which results were declared on 13.05.2011) as void; ii) order Re-poll for the whole of No.185, Tiruppathur Assembly Constituency or inter alia order re-poll in (1) Polling Station No.9 - Varapur (2) Polling Station No.188 - Devarampuri (3) Polling Station No.191 - Piramanapatti (4) Polling Station No.196 - Thanipatti (5) Polling Station No.215 - Kallipattu (6) Polling Station No.11 - Karis...
S. Mani and Another Vs. The Superintendent of Police, Tirunelveli and ...
Court: Chennai Madurai
Decided on: Oct-28-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent not to harass the petitioner and his family members and villagers belong to South Kadayam Village.) 1. The petitioner has come forward with this petition seeking for a direction, to the second respondent not to harass the petitioner and his family members and villagers belong to South Kadayam Village. 2. The learned Government Advocate (Criminal Side), on instructions, would submit that based on the complaint, petition enquiry is pending in C.S.R.No.371 of 2015. He further submits that the respondent has no harassment against the petitioner. 3. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent. 4. Considering the rival submissions made on both sides, since the case is pending, the respondents are directed not to harass the petitioner under the guise of enquiry, but let the police investigate...
S. Parvathi Vs. The District Collector, Tirunelveli and Others
Court: Chennai Madurai
Decided on: Oct-28-2015
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the fourth respondent to transfer patta for the properties bearing S.Nos.351/11A, 351/15, 351/4, 351/5, 351/7 and 352/5 of Vadakku Pudur Village, Sankarankovil Taluk, Tirunelveli measuring 0.31.50 to the petitioner, within a time frame.) 1. The Writ Petition has been filed by the petitioner praying for a Writ of Mandamus to direct the fourth respondent to transfer patta for the properties bearing S.Nos.351/11A, 351/15, 351/4, 351/5, 351/7 and 352/5 of Vadakku Pudur Village, Sankarankovil Taluk, Tirunelveli measuring 0.31.50 to the petitioner, within a time frame. 2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents. 3. By consent, the Writ Petition is taken up for final disposal. 4. In the affidavit, it has been averred that the petitioner was married to one Sankaranarayana Mudaliar, son of Palaniyandi Mudaliar in the year 1975. Out ...
Rajendran and Others Vs. The Superintendent of Police, Trichy and Othe ...
Court: Chennai Madurai
Decided on: Oct-28-2015
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent to register a FIR on the complaint of the petitioner dated 5th February, 2014 and to proceed in accordance with law.) 1. The petitioner has come forward with this petition seeking for a direction, to the 2nd respondent to register a FIR on the complaint of the petitioner dated 5th February, 2014 and to proceed in accordance with law. 2. The learned counsel for the petitioner submitted that the petitioner has given complaint to the second respondent on 05.02.2014, but the second respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief. 3. At this juncture, the learned Government Advocate (Crl. Side), on instructions, would submit that based on the complaint given by the petitioner, petition enquiry has been conducted and the same has been closed in C.S.R.No.59 of 2014 on 19.02.2014. 4....
Samuthirapandi Vs. Ramakrishnan and Others
Court: Chennai Madurai
Decided on: Oct-28-2015
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records in O.S.No.323 of 2007 on the file of the Principal District Munsif Court, Sankarankovil and set aside the Judgment and Decree dated 20.08.2011.) 1. As only a short point, an interesting point is involved in this Revision, we shall dispose of this Revision today at the admission stage itself. 2. The fourth defendant in the suit is the revision petitioner. 3. The plaintiff sought for declaration as to his title to the suit property tracing his title to a sale deed dated 30.09.1980 and also sought for consequential injunction. He laid the suit as against the defendants 1 and 2. Since second defendant had died, defendants 3 to 6 were added as legal representatives of the deceased second defendant. 4. The first defendant filed written statement resisting the suit. Issues were framed. Evidence, oral and documentary were let in. Appreciating the evidence, the Trial Court accepted t...
S. Valarmathi Vs. The Commissioner / Director, Adi-dravidar and Schedu ...
Court: Chennai Madurai
Decided on: Oct-28-2015
(Prayer: Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.10.2015 on pursuance the petitioner's call letter issued by the 2nd respondent in Na.Ka.No.W4/26369, dated 31.07.2015 as regards the petitioner was participated in the interview on 12.08.2015 and thereby directing the respondents to issue an appointment order to the petitioner in the post of cook in the Adi-diravidar Welfare Hostel in and around of Thiruchirappalli District.) 1. The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the 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....
Tharman @ Tharmaraj Vs. State by Inspector of Police, All Women Police ...
Court: Chennai Madurai
Decided on: Oct-28-2015
(Prayer: Appeal filed under Section 374 of the Criminal Procedure Code, against the judgment passed in S.C.No.89 of 2004 dated 03.02.2005 on the file of the Additional Sessions (Fast Track Court No.2), Pattukkottai, Thanjavur District.) The accused in S.C.No.89 of 2004 on the file of the Additional Sessions (Fast Track Court No.2), Pattukkottai, Thanjavur District, is the appellant herein. 1.2. By judgment dated 03.02.2005, the accused was convicted under Sections 341, 376 and 506(ii) of IPC and sentenced to: (a) undergo imprisonment for one month in respect of the offence under Section 341 IPC; (b) undergo rigorous imprisonment for 7 years in respect of the offence under Section 376 IPC and (c) undergo rigorous imprisonment for 1 year in respect of the offence under Section 506(ii) IPC. 1.3. Challenging the conviction and sentence imposed on him, this appeal has been filed. 2. Brief facts: The occurrence is stated to have taken place during the month of May 2001. The victim girl (name...