Chennai Court December 2015 Judgments
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The Government of Tamil Nadu, Represented by the Secretary to Governme ...
Court: Chennai
Decided on: Dec-18-2015
(Prayer: Appeals preferred under Clause 15 of Letters Patent against the common order dated 21.7.2009 made in W.P.Nos.16132 to 16134 of 1998 on the file of this Court.) Common Judgment: P. Devadass, J. As these three Writ Appeals are directed as against common order of the Writ Court and common factual matrix is involved, they were heard together and are being disposed of by this common judgment. 2. These three Writ Appeals, at the instance of the respondents/ Government arises out of the common order of the Writ Court dated 21.7.2009 passed in W.P.Nos.16132 to 16134 of 1998 whereunder the Notification under Section 4(1) of the Land Acquisition Act, 1894 and the declaration under Section 6 of the said Act and all consequential proceedings are quashed, giving liberty to the Government to issue fresh notification under Section 4 of the said Act, if the Government so desires. 3. The Government acquired certain piece of lands under the Land Acquisition Act, 1894, situate in Gajjal Naickenp...
M. Nanjappa Chettiar Memorial Trust, Coimbatore District Vs. The Direc ...
Court: Chennai
Decided on: Dec-18-2015
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the first respondent in Na.Ka.No.K1/302/2010 (Nee Seer) dated 06.03.2015 and quash the order passed therein and consequently direct the respondents to grant permission to exchange the already donated land comprised in S.No.152/1 of an extent of 2.75 acres situated at Neelambur Village, Sulur Taluk, Coimbatore District in lieu of the alternate lands offered.) 1. The petitioner has submitted that the M.Nanjappa Chettiar Memorial Trust is running a School under the name and style of M.Nanjappa Chettiar Matri School, Arasur, Coimbatore District. The (Late) M.Nanjappa Chettiar is the petitioner's father. The petitioner has further submitted that the dry lands to an extent of 2.75 acres (1.11.5 hectares) situated in S.No.152/1, Neelambur Village, Palladam Taluk, Coimbatore District is his ancestral land. Prior to the enact...
G. Devadoss Vs. The State of Tamil Nadu, Rep. by its Secretary, Chenna ...
Court: Chennai
Decided on: Dec-18-2015
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus, to call for the records pertaining to the Acquisition Notification in G.O.Ms.No.112, Industries (SIPCOT-LA), dated 04.06.2012, on the file of the first respondent issued under Sub Section (1) of Section 3 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, published in the Tamil Nadu Government Gazette Extraordinary No.149-Par-II, Section 2, dated 04.06.2012 relating to the property schedule therein and in so far as the petitioner property in concerned, being 0.09.5 hectare of land, comprised in Survey No.71/3A, Mathur Village, Sriperumbudur Taluk, Kancheepurm District and the consequential notice under Section 4(2) of the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997 (Act 10 of 1999) issued by the second and third respondents in their proceedings in RC No.5/2009, dated 10.12.2014 and quash the same and consequently direct the firs...
K. Durai Vs. Padma Balasubramanian (Deceased) and Another
Court: Chennai
Decided on: Dec-18-2015
(Prayer:- This second appeal has been filed under Section 100 C.P.C., against the judgment and decree passed in A.S.No.120 of 2010 dated 20.11.2014 on the file of the learned Additional Subordinate Judge, Mayiladuthurai in confirming the judgment and decree passed in O.S.No.269 of 2006 dated 21.06.2010 on the file of the learned Principal District Munsif, Mayiladuthurai.) 1. The plaintiff in O.S.No.269 of 2006 on the file of the learned Principal District Munsif, Mayiladuthurai is the appellant herein. The defendants in the suit are the respondents herein. (The second defendant Mr.Balasubramanian died during the pendency of the first appeal but, his legal representatives were not brought on record). The trial Court by decree and judgment dated 21.06.2010 dismissed the suit. As against the same, the appellant filed an appeal in A.S.No.120 of 2010 on the file of the learned Additional Subordinate Judge, Mayiladuthurai. By decree and judgment dated 20.11.2014, the First Appellate Court di...
Murugasamy Gounder Vs. State by Inspector of Police, Coimbatore Distri ...
Court: Chennai
Decided on: Dec-18-2015
(Prayer: Criminal Appeal filed under Section 374 of Cr.P.C., against the judgment made in Spl.S.C.No.4 of 2007, on the file of the Special Court cum Principal Sessions Court, Coimbatore.) 1. Challenge in this criminal appeal is to the convictions and sentences passed in Special Sessions Case No.4 of 2007, dated 12.12.2007, by the Special Court/Principal District Court, Coimbatore. 2. The case of the prosecution is that on 30.09.2006, at about 2.00 p.m., while the defacto complainant along with her daughter by name Parimala has grazed cattle in RRB Wind Mill, the accused has called the defacto complainant by using her caste intentionally, scolded her by using filthy words and also tried to outrage her modesty. Further the accused has attacked the defacto complainant and her daughter and thereby caused injuries. After occurrence, the defacto complainant has given a complaint and the same has been registered in Crime No.299 of 2006 by the investigating officer, viz., P.W.8. The complaint ...
Marudhayee and Others Vs. Kaliammal and Others
Court: Chennai
Decided on: Dec-18-2015
(Prayer: This Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree of the learned Subordinate Judge, Namakkal dated 27.06.2008 in A.S.No.27 of 2004 in O.S.No.218 of 1997 on the file of the learned Additional District Munsif, Namakkal.) 1. The appellants are the defendants 2 to 6 in the suit in O.S.No.218 of 1997 on the file of the learned Additional District Munsif, Namakkal. The respondents 1 to 3 herein are the plaintiffs in the suit and the other respondents are the other defendants in the suit. The plaintiffs filed the said suit for declaration that the plaintiffs have got right to enjoy the pathway in the property shown as ABCDEF in the rough plan appended to the plaint and for consequential relief of injunction to restrain the defendants from in any manner interfering with the right of the plaintiffs to use the suit pathway. By decree and judgment dated 02.04.2004, the trial Court decreed the suit as prayed for. As against the same, the appellant...
S. Abubakkar Siddiq Vs. The District Collector, Sivagangai District an ...
Court: Chennai Madurai
Decided on: Dec-18-2015
(Prayer: Writ petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 to 5 to remove the encroachments of the Oorani in Pudhuvayal Town Panchayat Survey No.105/1, to an extent of 2 acres and 7 cents and to direct the respondents 1 to 5 to mend the oorani for getting water for the public use, by considering the petitioner's representation, dated 07.04.2015.) V. Ramasubramanian, J. 1. The petitioner has come up with the above writ petition, purportedly in public interest, praying for the issue of a writ of mandamus to direct the respondents 1 to 5 to remove the encroachment allegedly made by the 6th respondent in a tank. 2. Heard Mr.M.Solaisamy, learned counsel for the petitioner, Mr.M.Alagathevan, learned Special Government Pleader for respondents 1, 3 and 4, Mr.C.Selvaraj, learned Special Government Pleader for respondent No.2, Mr.T.S.Mohammed Mohideen, learned counsel for respondent No.5 and Mr.T.Srinivasa Raghav...
Munees @ Murugan and Others Vs. The Secretary to Government, Public (L ...
Court: Chennai Madurai
Decided on: Dec-18-2015
(Prayers: in H.C.P.(MD).No.1281 of 2015: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records relating to the detention order passed in Cr.M.P.No. 08/NSA/2015, dated 22.08.2015 on the file of the second respondent, quash the same and consequently, direct the respondents to produce the body or person of the detenu by name Munees @ Murugan S/o.Muniyandi, aged about 27 years, now detained in Central Prison, Madurai before this Court and set him at liberty forthwith. H.C.P.(MD).No.1282 of 2015: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records relating to the detention order passed in Cr.M.P.No. 09/NSA/2015, dated 22.08.2015 on the file of the second respondent, quash the same and consequently, direct the respondents to produce the body or person of the detenu by name Markes @ Siva S/o.Anthony, aged about 31 years, now detain...
M/s. Hotel Southson Pvt. Ltd., Vs. Customs, Excise Service Tax Appella ...
Court: Chennai
Decided on: Dec-18-2015
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the entire records connected with the proceedings of the 4th respondent in pursuant to the order C.No.IV/16/80/2013/VCES/S.Tax/PF dated 03.10.2013 and to quash the same and consequently direct the 4th respondent to declare the petitioner is entitled to get benefit of the under Voluntary Compliance of Excise and Service Tax Scheme (VCES).) 1. M/s Hotel Southson Private Limited represented by its Director K.Murugan, assailing the impugned order passed by the Assistant Commissioner (Designated Authority) in C.No.IV/16/80/2013/VCES/S.Tax/PF dated 03.10.2013 informing the petitioner that the declaration in Form VCES-1 is rejected, has filed the present writ petition. 2. Mr.M.K.Kabir, learned senior counsel for the petitioner heavily contended that the petitioner company has been running the hotel business since 1988 by providing service of accommodation, ...
S. Soundarapandian Vs. R. Srinivasan and Another
Court: Chennai
Decided on: Dec-18-2015
(Prayer: These petitions are filed under Section 482 Cr.P.C., praying to quash the proceedings in Criminal Complaint Nos.132 and 134 of 2014 pending on the file of the Judicial Magistrate No.II, Hosur.) Common Order: 1. The respondents herein were working as the Operators in a factory, called 'Carborandum Universal Ltd.' located at Hosur, wherein, the petitioner is working as Deputy General Manager (Human Resources). The respondents have moved private complaints before the learned Judicial Magistrate No.II, Hosur under Section 200 Cr.P.C. against the petitioner, for punishing him for the offence of criminal defamation under Sections 499 and 500 IPC. 2. The brief facts narrated by the respondents/workmen in their complaints, are as follows: a) The respondents were working as Operators for the past 26 years in the above said factory. There are two trade unions in the said factory. One Union, by name 'Carborandum Universal Employees Union' was formed 30 years back for the welfare of the w...
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