Chennai Court February 2016 Judgments
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P. Nagasundaram Vs. The Principal Secretary to Government, Department ...
Court: Chennai
Decided on: Feb-19-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking for the relief of issuance of writ of mandamus directing the Respondents to permanently stop the construction of 579 house flats in the 9.25 acres in Uppana River Mouth area through the Tamilnadu Slum Clearance Board in T.S.No.66, 67, 68/1, 68/2 and 68/3 in Block No.1 of Ward-1 and T.S.No.83 of Cuddalore Town in Block No.2 of Ward-1 and also direct the 6th Respondent not to interfere in any manner with the above said illegal construction.) 1. The petitioner, who is a lawyer by profession, has filed this writ petition seeking a direction to the respondents to stop the construction of 579 house flats in T.S.No.66, 67, 68/1, 68/2 and 68/3 in Block No.1 of Ward-1 and T.S.No.83 of Cuddalore Town in Block No.2 of Ward-1, on various grounds such as the residents of Panankattu Colony are entitled for allotment under Tsunami Rehabilitation Scheme, the place is not suitable for construction in terms of clay soil ...
K. Madasamy and Another Vs. State By: The Sub Inspector of Police
Court: Chennai
Decided on: Feb-18-2016
(Prayer: Petition has been filed under Section 482 of Cr.P.C. to modify the conditions passed in Crl.M.P.No.141 of 2016 in Crime No.172 of 2015 by the learned Principal Sessions Judge at Thiruvallur dated 06.02.2016.) 1. This petition is filed to modify the condition imposed on the petitioners in Crl.M.P.No.141 of 2016, dated 06.02.2016 on the file of the Principal Sessions Judge at Thiruvallur 2. Learned counsel for the petitioners submits that the petitioners who were arrayed as A1 and A2 were granted anticipatory bail by the learned Principal Sessions Judge, Thiruvallur in Crl.M.P.No.141 of 2016 by imposing six conditions. One such condition is that the petitioners were directed to pay Rs.13.5 lakhs to the defacto complainant on or before 19.02.2016 and another condition is that on production of the receipt for payment of Rs.13.5 lakhs, the learned Judicial Magistrate No.I, Poonamallee shall release the petitioners getting a bond from each petitioners for Rs.5 lakhs each and two sur...
Muthuraman Vs. The Secretary to Government and Others
Court: Chennai Madurai
Decided on: Feb-18-2016
(Prayer: Writ Petition is filled under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the third respondent in his proceedings vide Na.Ka.No.C1/1029/07 dated 25.04.2007, to quash the same and direct the respondents to reinstate the petitioner in regular pay scale.) 1. This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for records from the third respondent in his proceedings passed in Na.Ka.No.C1/1029/07 dated 25.04.2007 and quash the same and consequently direct the respondents to reinstate the petitioner in regular pay scale. 2. It is averred in the petition that the petitioner has been appointed as a watchman in Rajapalayam Municipality on 01.11.1993 and since then he has done his service. In the year 1997, the third respondent without giving prior notice has abruptly and orally terminated the petitioner and subsequently the p...
Raghupathy and Others Vs. The Government of Tamil Nadu Rep by its Prin ...
Court: Chennai
Decided on: Feb-18-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to forbear the respondents and their subordinates from laying the proposed 400 KV transmission lines from Kalivanthapattu to Ottiyampakkam through the Villages of Kayar and Vembedu without complying with the provisions of Sec. 68 of the Electricity Act 2003 and Sec.16 of the Telegraph Act 1885 and other applicable legal provisions as also consider the petitioners alternate proposal for laying the above stated transmission lines.) Common Order 1.The petitioners own agricultural lands in Vembedu, Kayar villages, Tirupur Taluk, Kancheepuram District and the relief sought for in both the Writ Petitions are identical wherein the petitioners seek for issuance of a Writ of Mandamus to forbear the respondents from laying the proposed 400 KV transmission lines from Kalivanthapattu to Ottiyampakkam through the Villages of Kayar and Vembedu without complying with the provisions of Section 68 o...
M. Durai Murugan and Another Vs. State of Tamil Nadu, Represented by t ...
Court: Chennai Madurai
Decided on: Feb-18-2016
(Prayer: Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Declaration, declaring Rule 2(a) of the Tamil Nadu Appointment on Preferential basis in the services under the State of Persons Studied in Tamil Medium Rules, 2010 containing the definition of 'direct recruitment' and the method of 20% of preferential reservation for the Persons Studied under Tamil Medium in the recruitment to the post of Sub-Inspector of Police-2015 as illegal and consequently to direct the respondents to apply the 20% of reservation for PSTM Category in the total number of vacancies, notified vide the notification dated 08.02.2015 in accordance with the previous cut-off marks for each category and make appointments forth with.) Common Order S. Manikumar, J. 1. In-service Grade-I and Grade-II Police Constables, who had applied, for the post of Sub-Inspector of Police, and unsuccessful in the selection, have sought for a Writ of Declaration, declaring Rule 2(a) of the Tam...
Punjai Puliyampatti Municipality Vs. The Commissioner of Municipalitie ...
Court: Chennai
Decided on: Feb-18-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records relating to the impugned Auction-cum-Tender Notification issued by the second respondent in his proceedings Na.Ka.No.1135/2015/A1, dated 27.11.2015 and quash the same as illegal and further direct the second respondent to follow the G.O.92, dated 03.07.2007, strictly.) 1. The petitioner is an association registered under the provisions of the Tamil Nadu Societies Registration Act, 1975, with registration No.24 of 2015. It is said to consist of members, who are lessees of shops owned by the Punjai Puliyampati Municipality (hereinafter referred to as the respondent Municipality). 2. The petitioner association seeks for issuance of a Writ of Certiorarified Mandamus, to quash the auction-cum-tender notification issued by the respondent Municipality, dated 27.11.2015, by which the respondent Municipality bas brought for auction, the leasehold right ...
The Secretary, Ramanathapuram District Sarvodya Sangh Vs. The Appellat ...
Court: Chennai Madurai
Decided on: Feb-18-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records from the first respondent in T.N.S.E.5/2006 and quash the impugned order dated 25.10.2007 passed in T.N.S.E.5/2006.) 1. This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari or any other appropriate writ order to call for records relating to the order passed by the first respondent in T.N.S.E.5/2006 dated 25.10.2007 and quash the same. 2. It is averred in the writ petition that the second respondent herein has served as Manager in Ramanathapuram District Sarvodya Sangh. During his tenure of office, he has committed so many irregularities and also misappropriation of funds. Under the said circumstances, charges have been framed against him and subsequently enquiry has been conducted and consequently dismissed from service. Against the dismissal order, he filed Case No.T.N.S...
B.R. Jayanthi and Others Vs. State Represented by the Inspector of Pol ...
Court: Chennai
Decided on: Feb-17-2016
(M.P.No.1 of 2015: This petition filed under Section 482 of the Code of Criminal Procedure, 1973 to stay the operation of the part of the judgment dated 30.11.2015 in C.C.No.23 of 2003, whereby and whereunder compensation of Rs.1,13,75,000/- out of total fine of Rs.1,20,00,000/- to be paid to the Indian Bank, Overseas Branch imposed by the XIth Additional Special Court for CBI Cases at Chennai. M.P.No.2 of 2015: This petition filed under Section 389(1) of the Code of Criminal Procedure, 1973 to suspend the sentence imposed on the appellants, dated 30.11.2015 in C.C.No.23 of 2003 on the file of the XIth Additional Special Court for CBI Cases at Chennai.) Common Order: A3 to A6, who have been convicted and sentenced in C.C.No.23 of 2003 by the learned XI Additional Special Judge (CBI Cases), Chennai in M.P.No.2 of 2015, seeks suspension of their sentence under section 389(1) Cr.P.C. by granting them bail. 2. In M.P.No.1 of 2015, they also seek stay of the operation of the direction of th...
Tvl. Firoze Fabricators, rep by its Managing Director Vs. The Assistan ...
Court: Chennai
Decided on: Feb-17-2016
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying this Court to issue Writs of Certiorari, to call for the records on the files of the respondent in TIN Nos.33703240234/2009-10 dated 25.11.2015 (in respect of W.P.No.41038 of 2015); 33703240234/2010-11 dated 26.11.2015 (in respect of W.P.No.41039 of 2015); 33703240234/2011-12 dated 27.11.2015 (in respect of W.P.No.41040 of 2015) and 33703240234/2012-13 dated 3.12.2015 ( in respect of W.P.No.41041 of 2015) and quash the same as being without jurisdiction and authority of law.) Common Order 1. The petitioner has filed the above writ petitions to issue Writs of Certiorari, to call for the records on the files of the respondent in TIN Nos.33703240234/2009-10 dated 25.11.2015 (in respect of W.P.No.41038 of 2015);33703240234/2010-11 dated 26.11.2015 (in respect of W.P.No.41039 of 2015); 33703240234/2011-12 dated 27.11.2015 (in respect of W.P.No.41040 of 2015) and 33703240234/2012-13 dated 3.12.2015 ( in resp...
Alphonse Abichegaradjou Vs. The Secretary to Government, Revenue Depar ...
Court: Chennai
Decided on: Feb-16-2016
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of declaration, declaring that the Notification dated 28.07.1995 in G.O.Ms.No.65 under Section 4(1) of The Land Acquisition Act 1984 and published in Government Gazette No.34 dated 22.08.1995 and Declaration dated 27.09.1995 in G.O.Ms.No.74 under Section 6 of the Land Acquisition Act 1894 and published in the Government Gazette No.42 dated 17.10.1995 on the file of the first respondent as null and void and consequently direct the first respondent to commence the land acquisition proceedings and pay compensation in respect to the lands bearing Survey Nos.258/2A/1C to an extent of 0.03.25 Hectares in Thattanchavady Village, Puducherry, belonging to the petitioner, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act No.30 of 2013, within a time frame.) 1. By consent of the learned counsel on either side, the writ petition is tak...
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