Chennai Court October 2016 Judgments
K. Sreedharan Nair Vs. V. Sreekumaran Nair
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 25.04.2005 of the learned First Additional Subordinate Judge, Nagercoil made in A.S.No.13 of 2005 on his file, confirming the judgements and decree dated 17.11.2004 of the learned I Additional District Munsif of Nagercoil made in O.S.No.450 of 2003 on his file.) 1. The defendant in the suit in O.S.No.450 of 2003 on the file of the First Additional District Munsif Court, Nagercoil, is the appellant in the above Second Appeal. 2. This Second Appeal is against the judgment and decree dated 25.04.2005 in A.S.No.13 of 2005 on the file of First Additional Sub Court, Nagercoil, confirming the judgment and decree dated 17.11.2004 in O.S.No.450 of 2003 on the file of First Additional District Munsif Court, Nagercoil. 3. The respondent herein filed a suit in O.S.No.450 of 2003 on the file of the District Munsif Court, Nagercoil against the appellant herein for declaration that the appell...
Tag this Judgment!R. Sethuraman Vs. The Commissioner of Fisheries, O/o. The Commissioner ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order in Na.Ka.No.11509/F2/2016, dated 09.08.2016 on the file of the respondent No.1 and the consequential impugned order in Na.Ka.No.829/#/2015, dated 19.08.2016 on the file of the respondent 3 and quash the same as illegal and consequently for a direction directing the respondents to either reimburse the sum of Rs.94,19,250/- (Ninety Four Lakhs Nineteen Thousand Two Hundred and Fifty Rupees) spent by the petitioner for fish culture at Periyakulam Tank, Ayanpappakudi Village, Madurai South Taluk, Madurai District or to extend the lease period of the petitioner for a period of three years and to stop the discharge of sewage, drainage entering into Periyakulam Tank, Ayanppakudi Village, Madurai South Taluk Madurai District within a time period stipulated by this Court.) 1. The case of the petitioner in brief i...
Tag this Judgment!Kandipalayam Rajavaikkal and Others Vs. Nanjay Edayar Vivasaiyigal San ...
Court: Chennai
Decided on: Oct-25-2016
T. Mathivanan, J. 1. Challenge is made in this memorandum of civil revision to the fair and decretal order dated 15.07.2015 and made in the application in I.A.No.228 of 2005 in the suit in O.S.No.203 of 2002 on the file of the learned District Munsif-cum-Judicial Magistrate, Paramathy. 2. The revision petitioners herein are the defendants 7, 8 and 9 in the suit in O.S.No.3 of 2002 whereas the first respondent is the plaintiff in the suit and the respondents 2 to 13 are the defendants 1 to 6 and 10 to 15. The first respondent/plaintiff is the Nanjay Edayar Vivasaiyigal Sangam represented by its President N.M.Mayandi Gounder, Nanjay Edayar Village, Paramathy Velur Taluk, Namakkal District. He seems to have filed the above suit as against the revision petitioners as well as the respondents 2 to 13 herein seeking the following reliefs: 1. to grant a mandatory injunction directing the defendants 10 to 12 to close the channel formed by them from Rajavaikkal for the purpose of taking water to...
Tag this Judgment!Saraswathi Vs. M. Maruthachalam and Another
Court: Chennai
Decided on: Oct-25-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 03.08.2010 made in A.S.No.126 of 2009 on the file of the Fist Additional District Court, Coimbatore, reversal of the judgment and decree dated 02.12.2008 made in O.S.No.369 of 1998 on the file of the Sub-Court, Tiruppur.) 1. The second defendant has preferred this second appeal, challenging the judgement and decree dated 3.8.2010 made in A.S.No.126 of 2009 on the file of the first Additional District Court, Coimbatore, reversing the judgment and decree dated 02.12.2008 made in O.S.No.369 of 1998 on the file of the Sub-Court, Tiruppur. 2. The suit has been laid for partition by the plaintiff. 3. The averments contained in the plaint in brief are as follows: The suit property originally belonged to the plaintiff's father Marudha Gounder by virtue of the sale deed dated 05.09.1962. The plaintiff and the first defendant are the sons of Marudha Goundar. Marudha Gounder died intes...
Tag this Judgment!S. Natarajan Vs. The Secretary to Government, Revenue Department, Secr ...
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 relating to the impugned order of the 3rd respondent Pen 26/5/32604888/RVN/12-13/ADKCL/67, dated 22.04.2013 and quash the same and consequently direct the respondents to sanction the minimum pension in the post of VAO.) 1. The petitioner has filed this Writ Petition challenging the impugned order of the third respondent passed in Pen26/5/32604888/RVN/12-13/ADKCL/67, dated 22.04.2013, whereby the request of the petitioner for payment of minimum pension was refused on the ground that petitioner's name is not available in any of the lists prepared by the Government (Viz., Additional Commissioner's lists and G.O.Ms.Nos.148, 665 and 299, Revenue (Ser(8(2) Department) and for a consequential direction to the respondents to sanction minimum pension to the petitioner in the post of V.A.O. 2. Heard Mr.H.Arumugam, learned counsel for the petitioner, Mr.K....
Tag this Judgment!R. Prakasam Vs. The Authorised Officer/The Chief Manager, Tamilnad Mer ...
Court: Chennai Madurai
Decided on: Oct-25-2016
M. Sathyanarayanan, J. 1. By consent, the Writ Petition itself is taken up for final disposal. 2. The petitioner would aver among other things that he stood as a guarantor in respect of the financial assistance granted to M/s. Ve.En.Ar. Agencies, Madurai Road in Virudhungar by the Tamil Nadu Mercantile Bank Limited, to the tune of Rs. 3,50,000/-. The principal debtor committed default in payment of dues and the assets of the petitioner were classified as Non-performing Assets (NPA) on 21.06.2004 and thereafter, the first respondent bank has initiated action under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'SARFAESI'). The petitioner being the guarantor challenged the legality of the proceedings of the Bank before the Debts Recovery Tribunal, Madurai and had the benefit of interim orders regarding tender-cum-auction and sale fixed on 03.01.2008. However, the petitioner did not comply with the condition...
Tag this Judgment!V. Rajamani Vs. Danabalan
Court: Chennai
Decided on: Oct-25-2016
(Prayer:Civil Revision Petition filed under Article 227 of the Constitution of India against the Fair and decreetal order of the II Additional District Munsif Court at Erode, dated 10.10.2013 in I.A.No.390 of 2013 in O.S.No.641 of 2008.) 1. The Civil Revision Petition has been filed against the Fair and decreetal order of the II Additional District Munsif Court at Erode, dated 10.10.2013 in I.A.No.390 of 2013 in O.S.No.641 of 2008. 2. The revision petitioner is the plaintiff in O.S.No.641 of 2008 on the file of the 2nd Additional District Munsif Court, Erode. 3. The case of the petitioner is that the petitioner / plaintiff has filed the above suit for specific performance on the ground that this respondent / defendant has agreed to sell the suit properties for a sum of Rs.20,000/- and on the sale agreement was executed on 08.09.2002 in respect of the suit properties for a sum of Rs.20,000/-. On the same day, the respondent / plaintiff has paid a sum of Rs.15,000/- to the respondent / d...
Tag this Judgment!Kottar Elankadai Musliem Samudhaya Trust Represented by the President, ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree of the learned First Additional Sub Court, Nagercoil dated 26.07.2001 and made in A.S.No.12 of 2000 confirmed the judgment and decree made by the learned Principal District Munsif, Nagercoil, dated 20.08.1998 in O.S.No.409 of 1996.) 1. The plaintiff in the suit in O.S.No.409 of 1996 before the Principal District Munsif Court, Nagercoil, is the appellant in the above Second Appeal. 2. The appellant / plaintiff is a Trust and filed the suit for declaration that the assessment of property tax from the assessment year 01.10.1988 and the notice dated 08.01.1990 sent by the respondent / defendant in respect of the plaintiff's building bearing Door No.33/2-66F of Kottar Ilangadai Muslim Samuthaya Trust, are illegal. 3. The case of the appellant is that the appellant trust constructed a Thirumanamandapam in a property belonged to the trust and that the defendant municipality assigned door nu...
Tag this Judgment!P. Meenakshi Sundaram Vs. Agricultural Production Commissioner and Sec ...
Court: Chennai Madurai
Decided on: Oct-25-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of writ of Certiorari Mandamus, to call for the records on the file of the First Respondent in connection with the order passed by him in G.O.(M.S.)No.116, Agriculture (AM1) Department dated 08.07.2009 and quash the same to the extent of the recruitment to the post of watchman and to direct the respondents to regularize the service of the petitioner in the post of watchman in the Ramnad Marketing Committee, Virudhunagar or in any one of the 11 vacancies in the Virudhunagar District, considering the long experience and community status of the petitioner with effect from his initial date of appointment with monetary and service benefits.) The petitioner has filed this writ petition for issuance of Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in connection with the order passed by him in G.O.(M.S) No.116, Agriculture (AM1) Department dated 08.07.09 and qua...
Tag this Judgment!Ponnammal and Another Vs. Perumal and Another
Court: Chennai
Decided on: Oct-25-2016
(Prayer: Appeal suit filed under Section 41, Rule 1 of CPC read with Order 15 Rule 96 of CPC to set aside the judgment and decree, dated 29-01-2016, passed in O.S.No.111 of 2011 on the file of the IV Additional District Judge,Ponneri.) A. Selvam,J. 1. This appeal suit has been directed against the judgment and decree dated 29-01-2006 passed in O.S.No.111 of 2011 by the IV Additional District Court, Ponneri. 2. The respondent herein as plaintiff has instituted O.S.No.111 of 2011 on the file of the Trial Court praying to pass a decree of specific performance in pursuance of the sale agreement dated 12-01-2008 and also for the relief of perpetual injunction wherein the present appellants have been arrayed as defendants. 3. The epitome of the plaint may be stated like thus: The suit properties are originally belonged to one Perumal and he purchased the same by virtue of several sale deeds and he passed away on 20-12-1995. The first defendant is his wife and second defendant is his son. Aft...
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