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Chennai Court December 2016 Judgments

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Dec 07 2016

K. Jeyapriya Vs. The District Collector, Madurai District and Others

Court: Chennai Madurai

Decided on: Dec-07-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent's proceedings in Na.Ka.No.2650/14/Thi4, dated 15.12.2014 and to quash the same with respect to the fourth schedule namely construction of Anganwadi Building in S.No.395/2A at Kanmaipatti, Kallivelipatti, Vadipatti Taluk, Madurai District.) 1. When the matter was listed before this Court on 09.07.2015 and again on 13.07.2015, there was no representation for the Petitioner. Today also, there is no representation for the Petitioner, as a third time. 2. The Petitioner challenges the order passed by the third respondent, dated 15.12.2014 and consequently sought for a direction to the fourth respondent to construct an Anganwadi Building at S.No.458/26 at Kanmaipatti, Kallivelipatti, Vadipatti Taluk, Madurai District. 3. The grievance of the Petitioner is that the proposed construction of the Anganwadi Buildin...


Dec 07 2016

G. Karuppaih Vs. The Commissioner, Sattur Municipality, Virudhunagar D ...

Court: Chennai Madurai

Decided on: Dec-07-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of CERTIORARIFIED MANDAMUS calling for the entire records relating to the auction cum tender notification of the respondent in Na.Ka.No.2198/2014/C2 dated 9.1.15 respect of serial No.3 and 6 of the impugned notification, the grant of licence the right to collect of parking fee in the cycle stand at the entrance of the bus stand and for keeping of the television set at bus stand of the respondent and quash the same and consequently, direct the respondent herein to conduct auction alone after following all the procedures contemplated under law and pass such further or other orders as this Court.) Learned counsel appearing for the petitioner states that the prayer sought for in this writ petition has become infructuous. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are also dismissed....


Dec 05 2016

Mohan Vs. State by The Inspector of Police, Sholinghur Police Station, ...

Court: Chennai

Decided on: Dec-05-2016

(Prayer: Appeal filed u/s.374 Cr.P.C., against the Judgment of conviction and sentence passed by the learned II Additional District and Sessions Judge, Vellore at Ranipet, Vellore District in S.C.No.86 of 2012, dated 26.07.2013.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.86 of 2012 on the file of the learned II Additional District and Sessions Judge, Vellore at Ranipet, Vellore District . He stood charged for the offences under Sections 376 read with 511 of IPC; 302 IPC and 302 read with 201 of IPC. By judgment dated 26.07.2013, the trial court convicted him under all the charges and sentenced him as detailed below: ad>Penal provision(s) under which convictedSentenceSection 376 r/w 511 of IPCRigorous Imprisonment for seven years and to pay a fine of Rs.1,000/- in default, to undergo rigorous imprisonment for one month.Section 302 of IPCImprisonment for life and to pay a fine of Rs.1000/-, in default to undergo rigorous imprisonment for further period of one monthS...


Dec 05 2016

Rajaram Vs. The District Revenue Officer, Sivagangai District, Sivagan ...

Court: Chennai Madurai

Decided on: Dec-05-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order made in Pa.Mu.(P4)18488/20144 dated 16.08.2016 on the file of the first respondent and quash the same as illegal and arbitrary and consequently, direct the first respondent herein to conduct a fair enquiry on this petitioner's application for issuance of patta to the property comprised in S.No.100 of Surakulam village, Manamadurai Taluk, Sivagangai District measuring to an extent of 12 acres 76 cents.) 1. This writ petition is filed challenging the order passed by the first respondent/District Revenue Officer, Sivagangai, dated 16.08.2016, wherein and whereby, the said authority rejected the petitioner's application seeking for cancellation of patta issued under UDR Scheme in favour of one Periannan, S/o Chinnnakaruppan. 2. Perusal of the impugned order would show that the authority has considered the ca...


Dec 05 2016

Savithiri Medicals Rep. by its Prop. Dr. A. Suresh 25-G, Kadambur Road ...

Court: Chennai Madurai

Decided on: Dec-05-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records relating to the order passed by the third respondent on 14.11.2016 in TIN No.33635942450/2014-2015 quash the same and to direct the third respondent serve the summons calling for the accounts, serve the show cause notice if any issued to the petitioner for the assessment year 2014-15 under TN VAT Act call for the objections from the petitioner to afford an opportunity of personal hearing and to pass fresh orders for the assessment year 2014-2015.) 1. Mr.R.Karthikeyan, learned Additional Government Pleader, accepts notice on behalf of the respondents and with the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 2. The prayer in this writ petition is for issuance of a writ of certiorarified mandamus to quash the impugned order, passed in TIN No.33635942450/2014-2015, dated 14.11.2016, ...


Dec 05 2016

M. Rajendra Rao Vs. Vetri Selvi Suresh

Court: Chennai

Decided on: Dec-05-2016

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 03.08.2016 in M.P.No.82 of 2016 in R.C.O.P.No.905 of 2015 on the file of the learned XIV Judge, Court of Small Causes, Madras.) 1. Civil Revision Petition is filed against the fair and decreetal order dated 03.08.2016 in M.P.No.82 of 2016 in R.C.O.P.No.905 of 2015 on the file of the learned XIV Judge, Court of Small Causes, Madras. 2. Learned counsel for the petitioner would submit that the respondent as a landlady filed an application for eviction on the ground of wilful default. The petitioner herein, who is the tenant, has filed a counter and contested the same. During trial, the respondent/landlady has filed a proof affidavit for evidence. But the averments made in the proof affidavit have not been pleaded in the main eviction petition. Therefore, the petitioner/tenant has filed a petition in M.P.No.82 of 2016 to eschew the proof affidavit filed by th...


Dec 05 2016

Mahalakshmi Vs. Kasinathan and Others

Court: Chennai

Decided on: Dec-05-2016

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 19.08.2010 made in A.S.No.20 of 2010 on the file of the Additional Subordinate Judge, Vridhachalam confirming the judgment and decree dated 02.12.2009 made in O.S.No.379 of 2005 on the file of the Principal District Munsif, Vridhachalam.) 1. Challenge in this second appeal is made by the plaintiff agaisnt the judgment and decree dated 19.08.2010 passed in A.S.No.20 of 2010 on the file of the Additional Subordinate Court, Vridhachalam confirming the judgment and decree dated 02.12.2009 passed in O.S.No.379 of 2005 on the file of the Principal District Munsif, Vridhachalam. 2. The suit has been laid by the plaintiff for declaration, permanent injunction and also for possession. 3. In short, according to the plaintiff, the suit property is the ancestral property of her grandfather Govindaraj and her grandfather had been residing in the suit property by putting a house and after...


Dec 05 2016

R. Murugesan Vs. The Commissioner, Madurai Corporation, Madurai and An ...

Court: Chennai Madurai

Decided on: Dec-05-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to dispose of the representation of the petitioner, dated 01.10.2016 according to law.) O R D E R 1. Mr.Prabhu Ramachandran, learned Standing Counsel takes notice for the respondents. By consent, this writ petition is taken up for final disposal. 2. The petitioner seeks for disposal of his representation, wherein and whereby he wants re-connection of the water supply, which according to the petitioner, disconnected, even though there was no arrears of the water tax and other relevant tax payable to the property in dispute.3. Needless to say that it is for the respondents, by giving him an opportunity of hearing, to pass orders on the same on merits and in accordance with law. Accordingly, the 2nd respondent is directed to pass such an order on the representation of the petitioner dated 01.10.2016, within a period of three weeks from the date of re...


Dec 05 2016

Iffco Tokyo General Insurance Company Limited, Represented by its Bran ...

Court: Chennai Madurai

Decided on: Dec-05-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the fair and decretal order dated 10.6.2016, made in M.C.O.P.No.151 of 2013, on the file of the Motor Accident Claims Tribunal(I Additional District Judge), Tirunelveli.) 1. This Civil Miscellaneous Appeal has been preferred by the appellant/Insurance Company against the fixing of 80% negligence on the part of the driver of the Auto-rickshaw, which was involved in the accident on 30.10.2012 along with a motor-cycle driven by one Vijayakumar, who died in the said accident. 2. The facts of the case are as follows: On 30.10.2012, when the deceased was travelling from east to west on Tirunelveli-Tiruchendur Main Road, auto-rickshaw which was coming from western side suddenly turned towards eastern side and dashed against the motor-cycle, thereby causing the death of Vijayakumar, the rider of the motor-cycle. Therefore the claim petition. 3. On contest, the Tribunal found that the accident ha...


Dec 05 2016

A. Kumaresh Vs. K. Vishwanathan

Court: Chennai

Decided on: Dec-05-2016

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India as against the order and final order made in R.C.A.No.3 of 2013 on the file of the Rent Control Appellate Authority/Principal Subordinate Judge, Erode dated 20.09.2013 reversing the order and final order made in R.C.O.P.No.9 of 2011 on the file of the Rent Controller-cum-Principal District Munsif, Erode dated 17.11.2012.) 1. The present Civil Revision Petition has been filed against the fair and decreetal order dated 20.09.2013 passed in RCA.No.3 of 2013 on the file of the Rent Control Appellate Authority/Principal Subordinate Judge, Erode, wherein the appeal came to be allowed by reversing the fair and decreetal order dated 17.11.2012 made in RCOP.No.9 of 2011 on the file of the Rent Controller-cum-Principal District Munsif, Erode. 2. The respondent herein as a landlord has filed RCOP.No.9/2011 for eviction on the ground of additional accommodation. After the filing of counter by the tenant, the T...


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