Chennai Court November 2016 Judgments
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P. Moorthy Vs. State Rep. by its Secretary to Government, Revenue Depa ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents 2 and 4 herein to cancel the patta No.4527 assigned in favour of fifth respondent in Sy.No.535/14, Myladumparai Village, Andipatti Taluk, Theni District based on the petitioner's representation made before the respondents dated 07.12.2011.) 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 In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.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....
S. Amudha Vs. The Inspector General of Registration, Chennai and Other ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the execution and registration of settlement dated 30.06.2016 registered as Document No.2807/2016 by the 4th respondent in favour of the 5th respondent on the file of the third respondent and quash the same and consequently direct the respondents 1 to 3 to initiate action as against the respondents 4 and 5 under the provisions of Tamil Nadu Patta Passbook Act, 1983.) 1. Challenging the execution and registration of settlement deed dated 30.06.2016 by the fourth respondent in favour of the fifth respondent, the present writ petition has been filed. 2. Heard Mr.R.Prabhakaran, learned counsel appearing for the petitioner and Mr.R.Anandharaj, learned Government Advocate appearing for the respondents 1 to 3. 3. The case of the petitioner, in brief, is as follows:- The petitioner, earlier, married one R.Manoharan in the year 199...
Divisional Manager, The Oriental Insurance Company Limited Vs. Sivapra ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer:Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Award made in M.C.O.P.No.41 of 2012, dated 16.10.2014, on the file of the Motor Accidents Claims Tribunal Cum Chief Judicial Magistrate, Madurai. Prayer:Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Award made in M.C.O.P.No.79 of 2012, dated 16.10.2014, on the file of the Motor Accidents Claims Tribunal Cum Chief Judicial Magistrate, Madurai.) 1. The appellant/Insurance Company filed the present C.M.A(MD)Nos.283 and 284 of 2015, challenging the award passed in M.C.O.P.Nos.41 and 79 of 2012 respectively, dated 16.10.2014, on the file of the Motor Accidents Claims Tribunal Cum Chief Judicial Magistrate, Madurai. 2. It is the case of grievous injuries and accident took place on 27.01.2011 at about 22.30 hours in Madurai to Theni Main Road, near Atchampathu burial yard, Madurai District. The claimants sustained fracture and multiple injurie...
Petitioner Vs. Respondent
Court: Chennai
Decided on: Nov-08-2016
M. Venugopal, J. 1. Heard the Learned Counsel for the Petitioner/Appellant/ Complainant. 2. According to the Petitioner/Appellant/Complainant, he filed a private complaint under Section 200 Cr.P.C. against the Respondents in respect of an offence under Section 138 of the Negotiable Instruments Act, 1882 in C.C.No.83/2012 on the file of the trial Court. 3. It comes to be known that the trial Court, after contest, had acquitted the Respondents/Accused in C.C.No.83/2012 by means of Judgment dated 26.11.2015. 4. It transpires that the Petitioner/Appellant/Complainant had filed the 'Memorandum of Grounds of Appeal' before this Court and the concerned papers were returned by the Registry on 09.06.2016 to comply with certain defects and a time of 10 days was granted in this regard. However, the Petitioner/Appellant could not comply with the defects in time and furthermore, the case papers were purported to have been misplaced in Petitioner's Counsel's Office and the same was traced out. In th...
A. Kanagaraj Vs. The Tamil Nadu State Information Commissioner, O/o. T ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the first respondent in Valakku No.4952/Maruvisaranai/B/2014 (25264/B/2014) dated 03.02.2016 and quash the same as illegal and for a consequential direction to the respondent to provide information as sought for in the petitioner's application dated 14.11.2013 under the Right to Information Act, 2005 within the period that may be stipulated by this Court.) 1. Challenging the order passed by the State Information Commissioner, the first respondent herein dated 03.02.2016 directing the second respondent to permit the petitioner to peruse documents relating to the query raised by the petitioner under Section 6 of the Right to Information Act, 2005 (for brevity, the Act ) and to give copies of the documents not exceeding 50 pages, the present writ petition has been filed. 2. Heard Mr.M.Jerin Mathew, learned...
The Branch Manager, The Oriental Insurance Co. Ltd., Simmakal Vs. Amut ...
Court: Chennai Madurai
Decided on: Nov-08-2016
(Prayer:-Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.2726 of 2004, dated 27.04.2007, on the file of the Motor Accidents Claims Tribunal cum Principal District Court, Madurai.) Judgment: 1. The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.1263 of 2009, challenging the award passed in M.C.O.P.No.2726 of 2004, dated 27.04.2007, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Court, Madurai. 2. The unfortunate accident of fatal took place on 20.09.1996 at about 2.30 p.m. in New Natham Road in front of Ramakrishna Mud, Madurai City. The death occurred due to the severe head injury and the married elder sister of the deceased filed the claim petition claiming compensation before the Motor Accidents Claims Tribunal-cum-Principal District Court, Madurai, in MCOP.No.2726 of 2004. 3. The fact remains that the owner of the vehicle was none other than the father o...
Chinna Rao Vs. State Rep. by Inspector of Police, N.I.B., C.I.D., Chen ...
Court: Chennai
Decided on: Nov-07-2016
(Prayer:Criminal Appeal filed to set aside the conviction and sentence made in C.C.No.103 of 2008 dated 12.12.2012 on the file of the Principal Special Judge, Special Court under E.C., and NDPS Act, Chennai-104.) 1. The instant Appeal has been instituted against the judgment dated 12.12.2012 rendered by the Principal Special Court under E.C., and NDPS Act, Chennai-104, in C.C.No.103 of 2008 whereby the appellant/accused who was charged with and tried for commission of offences u/s.8 (c) r/w. 20(b) (ii) ( C ) of NDPS Act, 1985 and has been convicted and sentenced to undergo R.I., for 10 years and to pay a fine of Rs.1,00,000/-,(Rupees One Lakh only), in default, to pay a fine amount, to undergo further R.I., for 6 months. 2. The case of the prosecution in a nutshell is that: On 08.02.2008, the Sub Inspector of Police, NIB, CID., Tr.Kannan was on duty in the Station, at about 10.00 a.m., he had received an information from his informant that one person was carrying ganja. The information...
A. Pandiathevar Vs. The District Collector, Tirunelveli District and O ...
Court: Chennai Madurai
Decided on: Nov-07-2016
(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent No.2 to consider the petitioner's representation, dated 26.07.2016 and consequently direct the Respondent No.2 to Survey in the petitioner's punchai land vide in Survey No. 148/2 an extent of Hec. 0.79.00(1 Acre 95 Cents), Survey No.148/3 and extent of Hec. 0.97.50(2 Acre 36 Cents) and Survey No. 145/10 an extent of 57 Cents which is situated in Nelkattumseval Village, Sivagiri Taluk, Tirunelveli District with time frame may be fixed by this Court.) 1. Today, when the matter is taken up for hearing, the learned Government Advocate appearing for the respondents submitted that already the Tashildar has measured the abovesaid property on 20.09.2016 and 21.09.2016. 2. In view of the same, no further order is necessary. Hence, this writ petition is dismissed. No costs....
P. Kaliammal and Others Vs. V. Rathinammal and Another
Court: Chennai
Decided on: Nov-07-2016
Dr. G. Jayachandran, J. 1. Short but very interesting point involved in the present second appeal is whether an ex parte decree passed after completion of pleading would constitute res judicata and whether such a decree can be challenged in an separate suit on the ground of fraud and misrepresentation. 2. The brief facts involved in this case is as follows :- The admitted facts in this case is that while Perumal has purchased property covered in S.No.154/1 at Sivadapuram Village, Salem Taluk in the year 1969 vide Ex.A1, the respondents herein had purchased the property falling under S.No.154/2 in the year 1980, for the property in dispute earlier OS.No.233 of 1992 was filed by Rathinammal and ex parte decree in her favour was passed. 3. The plaintiffs who are wife, daughter and son of one Perumal, have filed the suit which is the subject matter of the present appeal claiming that the ex parte decree passed in OS.No.233 of 1992 is vitiated by fraud, suppression of facts and misrepresent...
A. Rajathi Vs. The Principal Secretary to Government, Rural Developmen ...
Court: Chennai Madurai
Decided on: Nov-07-2016
(Prayer : Writ petition is filed Article 226 of the Constitution of India, Praying this Court to a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the third respondent relating to R.C.No.134/2010/RD-2 dated 19.05.2010 and quash the same and consequently, direct the respondents to refix the seniority of petitioner in the list of Assistants of the year 1998 as per the orders issued by the second respondent in his R.C.No.88813/2008/C-1 dated 25.04.2009 within a specified time frame that may be fixed by this Hon'ble Court.) Common Order: 1. Since the issue raised in all the Writ Petitions is one and the same, they have been taken up together and disposed of by this common order. 2. These writ petitions have been filed challenging impugned orders passed by the District Collector, Madurai in his R.C.No.134/2010/RD-2 dated 19.05.2010 fixing seniority of these petitioners right from the cadre of Junior Assistant in his proceedings No.R.C.No.134/2010/RD-2 dated 19.05.2010 and for con...