Chennai Court January 2016 Judgments
M/s. Bishal Enterprises, Rep. by its Partner Thiru.K.Balaji, Chennai V ...
Court: Chennai
Decided on: Jan-11-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, to forbear the respondents from in any way interfering with the petitioner's right to continue quarry operations and transport granite from petitioner's patta lands measuring 1.06.5 hectares in S.No.38, 0.08.0 hectares in S.No.37/06, 0.42.5 hectares in S.No.37/5, 0.17.0 hectares, in S.No.37/8B, 0.06.0 hectares in S.No.37/2, 0.06.0 hectares in S.No.37/3, 0.04.5 hectares in S.No.37/4 and 0.05.0 hectares in S.No.37/7 totally measuring 2.31.5 hectares situated in Eraiyur Village, Vanur Taluk, Villupuram District till the disposal of the petitioner's renewal application dated 21.01.2004.) 1. The petitioner has submitted that the first respondent by G.O.3(D)No.102, dated 23.02.1994 has granted granite quarrying lease in respect of the petitioner's patta lands measuring 4.70.5 hectares, comprised in S.No.37/1 etc., situated in both Karasanur and Eraiyur Villages of Vanur Taluk, Villupuram Distr...
Tag this Judgment!The Commissioner, Tiruvallore Municipality, Tiruvallore Vs. L. Krishna ...
Court: Chennai
Decided on: Jan-11-2016
(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 5.8.2015 made in W.P.No.11915 of 2015 of on the file of this Court.) Dr. P. Devadass, J. This Writ Appeal is at the instance of the Commissioner, Tiruvallore Municipality, Tiruvallore (first respondent in the Writ Petition) as against the order of the Writ Court dated 5.8.2015 passed in W.P.No.11915 of 2015. 2. This Writ Appeal arose under the following circumstances. 3. In 1978, Krishnan joined Tiruvallore Municipality as a Meter Reader. Subsequently, he became Town Planning Inspector. In the Court of District Munsif, Ambattur, one T.V.Krishna Rao filed the suit in O.S.No.56 of 2008 as against the said Municipality, seeking certain reliefs. 4. In 2009, under Rule 8(2) of the Tamil Nadu District Municipal Services (Discipline and Appeal) Rules, 1970, Krishnan was proceeded with for his failure to furnish para-war remarks to the Municipal Standing Counsel for the preparation of a reply affidavit to be fi...
Tag this Judgment!M/s. Sajojini Ammal Educational Trust, rep. by its Managing Trustee, P ...
Court: Chennai Madurai
Decided on: Jan-08-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the Impugned notification issued by the 2nd respondent published in the Gazette of India(Extraordinary) in part-II Section 3-Sub Section (ii) dated 13.05.2014 in S.O. 1267/E in respect of the landed property in survey No.34/1 (part) to an extent of 8478 sq.mt. 34/2 (part) to an extent of 965 sq.mt, 35/1 (part) to an extent of 480 (part) sq.mt. 35/2 (part) to extent of 3080 sq. mt. 35/3 (part) to an extent of 432 sq.mt 35/4 (part) to an extent extent of 281 sq.mt. 35/5 (part) to an extent of 5109 sq.mt situated at Natham pannai, Pudukottai Taluk, Pudukottai District and the consequential impugned orders passed by the 3rd respondent in his proceedings Na.Ka.No.35966/2013 (National Highways) B7 dated 09.07.2014 and the consequential impugned notification issued by the second respondent in S.O.2703(E) dated 20.10.2014 in respect of the above mentione...
Tag this Judgment!V. Bena Jothy Vs. The Director of Collegiate Education, Chennai and Ot ...
Court: Chennai
Decided on: Jan-08-2016
(Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the first respondent to approve and regularize the petitioner's appointment as Lecturer in Physics in the Women's Christian College, Nagercoil, in the sanctioned retirement vacancy of Miss.P.Roselet with effect from 13.06.2007 to 23.06.2014 based on the approval given by the 1st respondent to the similarly placed person in Na.Ka.No.33733/F2/2005 dated 01.09.2014 and Na.Ka.No.19837/F2/2007 dated 14.03.2014 with monetary and service and all other benefits for the said period.) By consent, the writ petition is taken up for final disposal. 2. The case of the petitioner is that she is working as a Lecturer in Physics Department in Women's Christian College, Nagercoil in the retirement vacancy of Miss.P.Roselet, with effect from 13.06.2007 to 23.06.2014 based on the approval given by the 1st respondent, for which, the appointment order issued by the Secretary of the third respond...
Tag this Judgment!M/s. Goodsun Industries (P) Limited Company Rep. by its M.D. R. Jagann ...
Court: Chennai
Decided on: Jan-08-2016
(Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India, against the fair and decreetal order dated 03.03.2015 in I.A.No.351 of 2014 in O.S.No.1403 of 2013 on the file of the III Additional Sub-Court, Coimbatore.) The Civil Revision Petition is filed against the fair and decreetal order dated 03.03.2015 in I.A.No.351 of 2014 in O.S.No.1403 of 2013 on the file of the III Additional Sub-Court, Coimbatore. 2. The respondent herein as a plaintiff filed a suit in O.S.No.1403 of 2013 for recovery of money due on business transaction. During pendency of the same, the defendant/revision petitioner herein has filed an application in I.A.No.351 of 2014 under Order 7 Rule 11(a) and (d) of C.P.C. for rejection of plaint stating that last transaction has been made on 10.03.2010 by way of cheque for Rs.25,000/-, but the suit has been filed after three years and hence, the suit is barred by time. The trial Court, after hearing both sides, dismissed the application, agains...
Tag this Judgment!Madhaiyan and Others Vs. State by Inspector of Police, Coimbatore Dist ...
Court: Chennai
Decided on: Jan-08-2016
(Prayer: This Criminal Appeal has been preferred under Section 374(2) of Code of Criminal Procedure, challenging the conviction and sentence imposed by the learned Additional District and Sessions Judge (Fast Track Court No.I), Coimbatore, by judgment made in S.C.No.45 of 2010 on 28.4.2011.) P.N. Prakash, J. 1. The Appellants herein/accused were tried in S.C.No.45 of 2010 by the Additional District and Sessions Judge (FTC No.I), Coimbatore, and were convicted and sentenced as follows: AccusedConviction u/sSentenceA-1302 IPCLife Imprisonment and Fine of Rs.1,000/- i/d Six months R.I.A-2 to A-4302 r/w 109 IPCLife Imprisonment and Fine of Rs.1,000/- i/d Six months R.I.A-3506(ii) IPCOne year R.I. 2. The case of the Prosecution in short is as follows: (a) The Public Toilet in the Village in which the accused and the victims hail was being maintained by Mother Theresa Self-Help Group, in which Kavitha (PW-6) was an active Member. On 3.8.2009 around 3.00 p.m., Madhaiyan (A-1) used the toilet ...
Tag this Judgment!S. Gurunathan Vs. The Tasildhar, Tambaram, Chennai and Others
Court: Chennai
Decided on: Jan-08-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari to call for the records from the first respondent pursuant to his impugned order in MM 5400/2006/B1, dated 16.06.2006 and to quash the same.) 1. The prayer in the writ petition is for issuance of a writ of certiorari to quash the impugned order, dated 16.06.2006, passed by the first respondent, whereby and whereunder he has cancelled the enjoyment certificate issued in favour of the petitioner. 2.The short facts of the case are as follows: According to the petitioner, from 2005 he has been in absolute possession and enjoyment of the landed property, comprised in Survey No.52 of Perumbakkam Village, Tambaram Taluk, Kancheepuram District, measuring an extent of 9231 sq.ft. The said land has been termed as Gramanatham ?. He had applied for enjoyment certificate before the first respondent. By order, dated 10.10.2005, the first respondent had certified that the petitioner has been in absolu...
Tag this Judgment!S. Indira Vs. The Superintendent (Anti-Corruption Wing), Central Burea ...
Court: Chennai
Decided on: Jan-08-2016
(Prayer: Criminal Original Petition filed under Section 482, Cr.P.C., to direct the respondent to register the complaint given by the petitioner dated 06-09-2006 and proceed according to law.) 1. This criminal original petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the first respondent herein to register the complaint, dated 06-09-2006. 2. In the instant case, the petitioner who has no connection whatsoever with the judicial proceeding, lost her dwelling house due to miskenning judicial approach and irresponsible conduct of the persons concerned. 3. The material averments stated in the petition can be summarised as follows: The petitioner is the absolute owner of the property bearing New No.1, Old No.7, Seven Hills, 5th Main Road, Kasturibai Nagar, Adyar, Chennai - 600 020. She purchased the same by virtue of a sale deed dated 17-12-1974 and since then she has become absolute owner. Some 30 years' ago, the same has been let out to on...
Tag this Judgment!S. Pakshi Sivarajan and Another Vs. State of Tamil Nadu, rep.by its Se ...
Court: Chennai Madurai
Decided on: Jan-07-2016
(Prayer: Petitions under Article 226 of The Constitution of India praying for the issuance of Writs of Mandamus (i) forbearing the respondents from performing the Mahakumbabishekam of Sri Ramanathaswamy Thirukoil, Rameswaram on 20.1.2016 or any subsequent date without resorting/ replacing/repairing the idols by adhering to the tenets and (ii) forbearing the respondents from performing the Kumbabishekam for Lord Ramanatha Swamy temple, Rameswaram on 20.1.2016.) Common Order 1. The petitioners have come up with these writ petitions seeking the issue of a Writ of Mandamus to direct the respondents to forbear from performing the Mahakumbabishekam of Sri Ramanathaswamy Temple, Rameswaram, scheduled to be held on 20.1.2016. 2. We have heard Mr.K.Yashod Vardhan, learned Senior Counsel appearing for the petitioner in the first writ petition, Mr.G.R.Swaminathan, learned counsel appearing for the petitioner in the second writ petition and Mr.V.R.Shanmuganathan, learned Special Government Pleader...
Tag this Judgment!Vaidiyalingam Vs. The Union Territory of India, Rep. by The Lt. Govern ...
Court: Chennai
Decided on: Jan-07-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari, to call for the records on the file of the first respondent in G.O.(Misc)No.28, dated 11.03.2005 and quash the same as illegal, incompetent, Unconstitutional and without jurisdiction.) 1. The petitioner has submitted that the Union Territory of Puducherry had notified in the impugned order to acquire the petitioner's lands for Special Economic Zone, and Notification under Section 4 read with Section 17(A) of the Land Acquisition Act, dispensing with the enquiry under Section 5(A) of the Act was issued. His lands along with that of the third parties are the subject matter of acquisition. However, the petitioner is predominantly affected since all his holdings are the subject matter of acquisition. His lands are located in Survey Nos.95/1, 3, 4, 5, 8, 167/11, 167/9 and 175/13, measuring 3 kani 20 kuzhies of Setharapet Village, Puducherry. He was not put on notice of the proceeding any ti...
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