Chennai Court October 2016 Judgments
M. Karuppiah Thevar (Died), K. Mariappan and Others Vs. John Victor
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying to set aside the decree and judgment passed in A.S.No.46 of 1992 on the file of the I Additional Sub Judge, Madurai and allow the Second Appeal throughout with cost.) 1. The defendants in the suit in O.S.No.46 of 1992 on the file of the Additional District Munsif Court, Thirumangalam are the appellants in the above second appeal. 2. The respondent / plaintiff filed a suit in O.S.No.46 of 1992 on the file of the Additional District Munsif Court, Thirumangalam, for permanent injunction restraining the appellants / defendants from in any way interfering with the respondent's / plaintiff's peaceful possession and enjoyment over the suit property. 3. The suit property is an extent of eastern 31 cents out of 8 acres 52 cents in Survey No.6/1, Karadipatti Village, Madurai North Taluk. The suit property is described in the plaint with reference to four boundaries. 4. The case of the respondent / plaintiff is that t...
Tag this Judgment!Gurunathan and Another Vs. State Rep by The Inspector of Police, Chinn ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the Judgment and conviction dated 28.04.2014 made in S.C.No.120 of 2010 on the file of the learned Sessions Judge, Mahalir Fast Track Court, Theni.) Appeal is filed under Section 372 of the Code of Criminal Procedure to call for the records of the learned Sessions Judge, Mahila Court, Theni in S.C.No.120 of 2010 and to enhance the conviction and inadequate sentence order dated 28.04.2014 with regard to A1 and A2 and set aside the acquittal rendered in favour of the third accused.) Common Judgment S. Nagamuthu, J The appellants in Crl.A.(MD).No.222 of 2015 are the accused Nos.1 and 2 in S.C.No.120 of 2010, on the file of the learned Sessions Judge, Mahalir Fast Track Court, Theni. There was yet another accused, by name, Mr.Vijayaraj. The Trial Court framed as many as three charges against the accused, as detailed below. ChargeAccusedPenal Provisions11,2 and 3Section 120-B IPC21 and 2Section 302 IPC33...
Tag this Judgment!N. Govindaraju Vs. The Chief Electoral Officer, State of Tamil Nadu, P ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider on the petitioner's representation, dated 06.12.2012. and pass suitable orders thereon in accordance with law.) 1. The petitioner seeks for a Mandamus directing the respondentsto consider his representation, dated 06.12.2012, and pass suitable order on thereon in accordance with law. 2. Heard both sides. 3. The learned counsel appearing for the petitioner would submit that it would suffice if the representation of the petitioner is disposed of, by the respondents, on merits and in accordance with law, within the time stipulated by this Court. 4. The learned Government Advocate appearing for the respondents 2 and 3 would submit that the representation of the petitioner will be considered in accordance with law by the third respondent. 5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Peti...
Tag this Judgment!Tamil Nadu Temple Technical Staffs Association Vs. The Commissioner, H ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records in O.M.No.19299/06 of 5.4.07 of the fist respondent, quash the same and consequently, direct the second respondent to recover the house rent as per the G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998.) 1. When the matter was listed on 03.10.2016 for hearing, there was no representation for the petitioner and therefore, it was posted today under the caption 'for dismissal'. Even today, there is no representation on behalf of the petitioner. Hence, this writ petition is dismissed for default. No costs. Consequently, connected miscellaneous petition is also dismissed....
Tag this Judgment!S. Packirisamy Vs. G. Uthirapathy(died after suit) and Others
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the fair and decretal order made in I.A.No341 of 2013 in O.S.No.191 of 2013, dated 3.9.2013, on the file of the Principal District Munsif, Kumbakonam.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in I.A.No341 of 2013 in O.S.No.191 of 2013, dated 3.9.2013, on the file of the Principal District Munsif, Kumbakonam. 2. According to the Petitioner, the Petitioner had obtained an exparte order of interim injunction on 3.9.2013 in a petition filed under Order 39 Rule 1 and 2 and Section 151 of C.P.C and thereafter the matter was taken up on 3.11.2016 and the said application was closed, stating that the suit itself was ripe for trial. The trial Court has passed an cryptic order without assigning sufficient and valid reason and that the trial Court has to pass a well reasoned order in interlocutory applications. Hence a...
Tag this Judgment!S. Soloman Raja Vs. The Government of Tamil Nadu, Rep. by its Secretar ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(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 Impugned Order in O.Mu.No.256/Thi.Va/2009 dated 15.02.2012, on the file of the Respondent No.3 and quash the same as illegal and consequently directing the Respondent No.2 to grant permission for the allotment of kiosk/coffee shop under the NAESEY Scheme in the campus of Government Hospital, Virudhunagar within the time frame stipulated by this Court.) 1. The petitioner has filed this writ petition for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to impugned order in O.Mu.No.256/Thi.Va/2009 dated 15.02.2012 on the file of the respondent No. 3 and quash the same as illegal and consequently directing the respondent No. 2 to grant permission for the allotment of kiosk/coffee. 2. The instant writ petition is filed challenging the order of the 3rd respondent, whereby the petitioner s application p...
Tag this Judgment!Muruganantham and Another Vs. State: Rep. by The Inspector of Police P ...
Court: Chennai
Decided on: Oct-25-2016
(Prayer: Criminal Appeal filed under Section 374 of Cr.P.C to set aside the Judgment passed by the learned Special Judge/Principal Sessions Judge, Special Court/Principal Sessions Court, Coimbatore in Spl. Case No.24 of 2006 dated 30.07.2007.) A-1 and A-2 in Special Case No.24 of 2006 on the file of the Special Court under SC/ST (PA) Act/Principal Sessions Court, Coimbatore are the appellants. 2. A-1 and A-2 were convicted and sentenced as under: ConvictionSentence(i) Sec.3(1) (x) of SC/ST Act6 months R.I. and fine Rs.1000/- i/d 2 months R.I.(ii) 323 I.P.C.Fine Rs.1000/- i/d 2 months R.I.(iii) 506(ii) I.P.C.One year R.I. and fine Rs.1000/- i/d 2 months R.I. Both the sentences were directed to run concurrently. 3. The case of the prosecution briefly runs as under: (1) PW.1 belongs to Sundarapuram in Pollachi Taluk in Coimbatore district. He belongs to Hindu - 'Sakkilia' community. It is a scheduled caste (See Ex.P3 Community certificate issued by P.W.3 Tahsildar). A-1 and A-2 are brothe...
Tag this Judgment!A. Anbuchezhian Vs. The Co-operative Sub-Registrar Special Officer/Adm ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned auction notice issued in R.R.A No.35/2011-2012 dated 27.03.2013 on the file of the first respondent and to quash the same.) M.V. Muralidaran, J 1. Learned counsel appearing for the petitioner seeks permission of this court to withdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed....
Tag this Judgment!The Managing Director, Tamil Nadu State Transport Corporation, Kumbako ...
Court: Chennai
Decided on: Oct-25-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 against the judgment and decree dated 26.04.2016 made in M.C.O.P.No.132/2014 on the file of the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Ariyalur.) The Civil Miscellaneous Appeal filed by the appellant/Transport corporation is directed against the correctness of the impugned award dated 26.04.2016 made in M.C.O.P.No.132/2014 on the file of the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Ariyalur, in and by which the Tribunal has awarded a sum of Rs.17,45,000/- with 9% interest per annum, as against the total claim of Rs.25,00,000/-. Aggrieved by the impugned award, the Transport Corporation has preferred this appeal. 2. According to the claimants, on 27.12.2013 at about 8.30 p.m., while the deceased, namely Ranjitha, who was a student studying second year in A.T.S.V.S. Siddha Medical College and Hospital, Munchirai, Kanniyakumari District, travelling in a bus be...
Tag this Judgment!S. Jayalakshmi and Others Vs. Teacher Recruitment Board, rep by its Ch ...
Court: Chennai
Decided on: Oct-25-2016
(Prayers: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the respondent to award one mark to the petitioner in the examination conducted on 10.01.2015 for Question No.66 in Booklet Series 'B' in the Tamil Subject and consequently, direct the respondent to appoint the petitioner to the post of P.G.Assistant (Tamil) for the selection conducted by the respondent vide notification dated 07.11.2014. Petitions filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the respondents to revalue the Question No.46/Question No.46 and 48/Question No.46 and 28/Question No.76 in Booklet Series 'D' and Question No.76 and Question No.1 in Booklet Series 'B' of the written examination for direct recruitment of PG Assistant 2013-2014 and 2014-2015 in Tamil conducted on 10.01.2015 and to proceed with selection for the post of P.G.Assistant in Tamil based on the revaluation with correct key answer and c...
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