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Chennai Court November 2015 Judgments

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Nov 27 2015

A. Muthuiruvakkal Vs. The State Bank of India, Stressed Assets Recover ...

Court: Chennai Madurai

Decided on: Nov-27-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent impugned order dated 13.08.2015 and quash the same insofar as put on hold in SB A/c.No.11319810470 for an amount of Rs.25 Lakhs on account of recovery of the dues to the bank and consequently direct the second respondent to credit the amount of Rs.14,681/- if any in future with interest which was already deducted in the SB Account of the petitioner.) 1. The petitioner is aggrieved against the order of the first respondent dated 13.08.2015 whereby, her Saving Bank Account No.11319810470 dealing only in respect of her pension amount was put on hold for the purpose of recovery of an outstanding of loan amount. 2. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials placed before this Court. 3. It is the contention of the learned Counse...


Nov 27 2015

G. Justus Abraham Vs. State represented by, Deputy Superintendent of P ...

Court: Chennai

Decided on: Nov-27-2015

(Prayer: Criminal Revision Case filed under Section 397 and 401 of Criminal Procedure Code against the Judgment dated 14.02.2014 passed in Criminal Appeal No. 68 of 2012 on the file of the IV Additional District Sessions Judge, Chennai confirming the Judgment dated 29.03.2012 passed in C.C. No. 7555 of 2010 on the file of the IV Metropolitan Magistrate at Saidapet.) 1. The second accused in C.C. No. 7555 of 2010 on the file of the learned IV Metropolitan Magistrate, Saidapet is the revision petitioner herein. He was implicated as an accused in Crime No. 5 of 2008 for the offences punishable under Sections 4 (1), 5 (1), (d) and 7 (2) of Immoral Trafficking Prevention Act (hereinafter called as the Act) read with Section 376 of I.P.C. Upon trial in C.C. No. 7755 of 2010, the trial court convicted A-2/the petitioner herein for the offence under Section 5 (1) (d) of the Act and sentenced to undergo rigorous imprisonment for a period of three years, with fine of Rs.2000/-, in default to und...


Nov 27 2015

Haritha Constructions and Logistics Vs. The Block Development Officer ...

Court: Chennai Madurai

Decided on: Nov-27-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Tender No.Aa./2497/2015 dated 31.07.2015 on the file of the first respondent and quash the same and further quash the work order issued to the 2nd respondent dated 31.08.2015 consequently, direct the 1st respondent to conduct a fresh tender by calling for fresh notification.) 1. The petitioner challenges the tender notice, dated 31.07.2015, issued by the first respondent and the work order issued to the second respondent, dated 31.08.2015. Consequently, he seeks for a direction to the first respondent to conduct fresh tender by issuing fresh notification. 2. The case of the petitioner is as follows:- The first respondent issued tender notice, dated 31.07.2015, inviting competitive bidders to participate in the tender process in respect of execution of six works at Radhapuram Union, Tirunelveli District. The notification stipula...


Nov 27 2015

Namasivayam Vs. The District Collector, Pudukkottai District and Other ...

Court: Chennai Madurai

Decided on: Nov-27-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order in Na.Ka.No.48124/07 A4 dated 13.12.2010 passed by the second respondent and quash the same and consequently direct the respondents 1 to 3 to classify the petitioner's cultivable lands in S.No.6/1C, S.No.8/3A, S.No.8/3B, S.No.8/4, S.No.8/B acres situate at Agarapatti Village, Pudukkottai Taluk as a punaimel nanja lands on imposing necessary water cess or tax to the petitioner's lands.) This matter was listed on 25.11.2015. On which date, there was no appearance for the petitioner. Hence, it is posted under the caption for dismissal today. Again, the learned Counsel appearing for the petitioner is absent. Hence, this writ petition is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed....


Nov 27 2015

M. Ambikabathi and Others Vs. D. Ellammal and Others

Court: Chennai

Decided on: Nov-27-2015

(Common Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, to direct the second respondent to pay the enhanced amount of Rs.4600/-, per cent as per the proceedings by the first respondent in Nka.357/2006/AF2, dated 14.06.2007, 16.06.2007 to the petitioners as per the representations dated 18.04.2011, 18.04.2011, 18.02.2011, 18.02.2011 and 18.04.2011 respectively.) Common Order: 1. In all these Writ Petitions, the petitioners have sought for a direction upon the second respondent to pay enhanced compensation amount of Rs.4600/- per cent, in terms of the proceedings of the second respondent dated 14.06.2007 and 16.06.2007, by considering the petitioners' representations dated 18.04.2011 and 18.02.2011. The prayer sought for in all the Writ Petitions are identical and hence, they were heard together and are disposed of by this common order. 2. The petitioners are owners of the various extent of land which were subject matter of acquisi...


Nov 27 2015

S.R. Balasubramanian Vs. The District Collector, Dindigul District and ...

Court: Chennai Madurai

Decided on: Nov-27-2015

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaing to the impugned proceedings issued by the second respondent in No.4453/2011/A4 dated 09.09.2015 and quash the same and consequently forbearing the respondents from taking any action in respect of the property belonging to the petitioner comprised in S.No.106/4A, 4B, New S.No.424/3, 5 situated at Natham Town, Dindigul District.) 1. This writ petition is filed challenging the order passed by the Revenue Divisional Officer, Dindigul District in No.4453/2011/A4 dated 09.09.2015 cancelling the patta granted in favour of the petitioner. 2. Today, when the matter is taken up for further hearing, the learned Government Pleader appearing for the Revenue Divisional Officer, produced the copy of the order, dated 16.10.2015 stating that the order challenged in this writ petition has been cancelled. 3. Considering the above facts, nothing survives i...


Nov 27 2015

S. Petchiammal Vs. The Principal Accountant General (Accounts and Enti ...

Court: Chennai Madurai

Decided on: Nov-27-2015

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to impugned order passed by the 1st respondent in Pen 33/1/13313488/15-16/ADK/95 dated 24.07.2015 and to quash the same as unjust, arbitrary, non application of mind and consequently to direct the 1st respondent to grant the family pension to the petitioner in respect of her husband late K.Subbiah's pension.) 1. The petitioner is the wife of Mr.Subbiah, who was employed in the 2nd respondent department. He retired from service on 28.02.2001 under Voluntary Retirement Scheme. He obtained pension for the service rendered. The petitioner got married with Mr.Subbiah in 1978 and before the said marriage, Subbiah obtained divorce with his first wife, namely, Sankarammal by customary method. 2. Mr.Subbiah also brought the petitioner on service record as the legally wedded wife. Due to the wedlock, two daughters were born to the pet...


Nov 27 2015

R. Easki Durai and Others Vs. State of Tamil Nadu represented by its S ...

Court: Chennai

Decided on: Nov-27-2015

(Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issue of writ of certiorarified mandamus calling for the notification issued by the second respondent in Advertisement No.1 of 2015 published by Daily Thanthi News paper on 09.05.2015 and the consequential corrigendum to the said notification published by Daily Thanthi News paper on 16.05.2015 and quash the same so far as the notification with regard to the post of Junior Inspector of Sericulture is concerned and consequently direct the second respondent herein to select and appoint the petitioners to the post of Junior Inspector of Sericulture.) Common Order 1. Writ Petition Nos.19005 to 19009 of 2015 have been filed by individuals who are working in the second respondent office as daily workers and the Writ Petition No.26531 of 2015 is filed by the Tamil Nadu Sericulture Staff Association (Regn.No.46/2012), represented by its General Secretary, No.137/84, Sthabagar Amarar L.Durairaj Manilamyam, S...


Nov 27 2015

R. Kanagarajan and Others Vs. The Special Commissioner and Director

Court: Chennai

Decided on: Nov-27-2015

(Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the respondent's proceedings in Ne.U.A.6073/2005 dated 23.9.2005 with respect to petitioners land comprised in S.No.798 of Tirumullaivoil Village, Ambattur Taluk, Tiruvallur District over an extent of 0.53 acres and quash the same.) 1. The short facts of the case are as follows: The third petitioner states that the first petitioner's father who died subsequently and other two petitioners jointly acquired the land in S.No.798 of Thirumullaivoil Village, Ambattur Taluk over an extent of 0.53 acres from Balakrishnan and others, who were all in possession and enjoyment of the land for several decades. Thereafter, the petitioners approached the Assistant Settlement Officer, Tiruvannamalai for grant of Ryotwari Patta. The Assistant Settlement Officer, Thiruvannamalai after due enquiry granted Ryotwari Patta. The Assistant Settlement Officer,...


Nov 27 2015

T.K. Lalitha and Another Vs. Assistant Commissioner, Urban Land Tax Re ...

Court: Chennai

Decided on: Nov-27-2015

(Prayer: The Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature of Writ, Direction, or Order directing the respondent herein to regularize the land in question measuring to an extent of 4436 sq.ft which bearing Plot No.78 and 79 comprised in S.No.725/1A1 of Pallikaranai Village, Tambaram Taluk, Kancheepuram District by permitting to pay the regularization fee of Rs.2,06,100/- and directing the respondent to accept the same by virtue of G.O.Ms.No.56 Revenue (ULC 1(2)) Department dated 21.02.2011 or passing any other order or orders.) 1. The 1st petitioner has submitted that she is the owner of the property and second petitioner is the subsequent purchaser. She submits that she purchased a property measuring to an extent of 4436 sq.ft., bearing Plot Nos.78 and 79 comprised in S.No.725/1A1 of Pallikaranai Village by virtue of sale deed dated 21.06.1993 from one Valliammal and Sant...


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