Chennai Court April 2016 Judgments
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S. Parthasarathy Vs. The Registrar General, Chennai
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: The Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to repair the lift in Paramakudi Court building at the earliest and to construct the ramp to the two floors in the Court building of the Paramakudi Court campus, within a time frame to be fixed by this Court.) S. Manikumar, J. 1. Mr.S.Parthasarathy, a practicing Advocate and claiming himself to be espousing the grievances of the differently abled persons in Paramakudi District, has sought for a Writ of Mandamus, directing the respondents, to repair the lift, in the Combined Court Building at Paramakudi, at the earliest, and to construct ramps in the first and the second floors. 2. Supporting the prayer sought for, the petitioner has submitted that though there are many differently abled persons, litigants, including Advocates, who attend the Courts located in the ground, plus two floors, in the Combined Court Building, at Paramakudi, in R...
M/s. Vidhya Hospital, Rep. by its Managing Partner M. Sivakumar Vs. Th ...
Court: Chennai
Decided on: Apr-22-2016
(Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records of the first respondent made in TN/SLM/47595/8F/RECOVERY/2015-16 dated 09.03.2016 and quash the same as illegal and arbitrary.) 1. Heard the learned counsel appearing for the petitioner. 2. The petitioner has filed this writ petition challenging the attachment order passed by the respondent organization dated 09.03.2016. 3. The petitioner is a Hospital and it is covered under the provisions of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and the rules framed thereunder. On account of delayed remittance, the authorities have imposed damages and interest on the petitioner. 4. Challenging the same, the petitioner has preferred an appeal before the Employees' Provident Fund Appellate Tribunal and such appeals ought to have been filed before the Southern Bench at Bengaluru. But, since the Presiding Officer is yet to be a...
P. Govindarasu and Another Vs. The Revenue Divisional Officer, Harur, ...
Court: Chennai
Decided on: Apr-22-2016
(Prayer: Writ Petitions under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to the Order of Rejection passed in proceedings in Pa.Mu.2102/2014(A1), Pa.Mu.2103/2014(A1),Pa.Mu.3872/2014(A1) and Pa.Mu.3873/2014(A1) respectively dated 13.4.2015 on the file of the respondent quash the same and direct the respondent to issue Community Certificate to the son/daughter of the petitioner viz. G.Gokulraj, G.Santhalakshmi, R.Sri Raja Rajeswari and R.Mohan respectively that he/she belongs to Kurumans (ST) Community based upon the Community Certificate already issued to the petitioner and his family members.) V. Bharathidasan, J. All the four writ petitions are filed questioning the order passed by the respondent rejecting the petitioners' applications for grant of community certificate and consequential direction to issue community certificate as Kurumans (ST) based on the community certificate already issued to the m...
Perumal Vs. The State of Tamil Nadu rep by its Secretary to the Govern ...
Court: Chennai
Decided on: Apr-22-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records relating to the impugned order in BCDFGISSSV No.1139/2015 dated 30.10.2015 on the file of the 2nd respondent herein and set aside the same as illegal and direct to the respondents to produce the detenu Rajkumar son of Perumal aged about 26 years now confined at Central Prison, Puzhal, Chennai, before this Court and set him at liberty.) M. Jaichandren, J. 1. This Habeas Corpus Petition has been filed by the father of the detenu, namely, Rajkumar, aged 26 years, son of Perumal, to issue a Writ of Habeas Corpus, to call for the records in BCDFGISSSV No.1139/2015 dated 30.10.2015, passed by the 2nd respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers ...
T.M.V.N. Sahasranamam and Others Vs. S. Mohammed Abdulla Sait and othe ...
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of the VI Additional District Judge, Madurai dated 25.10.2013 made in A.S.No.18 of 2013 and in A.S.No.20 of 2013 reversing the decree and judgment of the learned III Additional Subordinate Judge, Madurai dated 10.04.2013 made in O.S.No.483 of 2011. Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of the VI Additional District Judge, Madurai dated 25.10.2013 made in A.S.No.19 of 2013 reversing the decree and judgment of the learned III Additional Subordinate Judge, Madurai dated 10.04.2013 made in O.S.No.427 of 2011.) 1. Mohammed Abdullah Sait filed a suit in O.S.No.483/2011 on the file of the trial court (Court of III Additional Subordinate Judge, Madurai) against Late T.M.V.N.Sahasranamam for a permanent injunction restraining him from interfering with his peaceful possession and enjoyment of the property described in the schedule ...
S. Sivakumar Vs. S. Senthil Kumar and Others
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records connected with the case in Crime No.133 of 2015 on the file of the 1st respondent herein and quash the same as illegal and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.) 1. This petition has been filed seeking to call for the records connected with the case in Crime No.133 of 2015 on the file of the 1st respondent herein and quash the same as illegal. 2. It is seen that a case in Crime No.133 of 2015 for the alleged offences under Sections 147, 148, 294(b), 323 and 506(ii) IPC r/w Section 4 of TNWH Act on the file of the 1st respondent police, has been registered against the petitioners/accused. 3. When the matter is taken up for hearing, the petitioners/Accused and the second respondent, appeared in persons and their identifications were also verified by this Court, in addition to the confirmation...
S. Kannan Vs. The District Superintendent of Police, Virudhunagar Dist ...
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the second respondent to register a case for the alleged offences punishable under Sections 294(b), 323, 457 and 506(ii) of IPC and Section 4 of Women Harassment Act on the basis of the petitioner's complaint dated 30.03.2016.) 1. This petition has been filed to direct the second respondent to register a case for the alleged offences punishable under Sections 294(b), 323, 457 and 506(ii) of IPC and Section 4 of Women Harassment Act on the basis of the petitioner's complaint dated 30.03.2016. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3. It is seen that during enquiry, the petitioner has given a signed statement and has also affixed his left thumb impression, in which, he has expressed his desire to resolve the dispute through Court. In view of the above, no positive direction can be issued to the respondent police to regist...
S. Kalimuthu Vs. The Superintendent of Police, Dindigul District and A ...
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner under the guise of enquiry based on the representation dated 4.4.2016.) 1. This petition has been filed to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner under the guise of enquiry based on the representation dated 4.4.2016. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3. It is seen that a case in Crime No.109 of 2016 under Section 366(A) IPC has been registered and this petitioner has been called only for enquiry. Therefore, the petitioner is directed to participate in the enquiry and during enquiry, he shall not be harassed. However, this order shall not be a shield for the petitioner against arrest, if he is involved in any cognizable offence. With the above direction, this Criminal Original Petition is dis...
Abuthahir Vs. The Superintendent of Police, Theni District and Others
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to register a case based on the complaint given by the petitioner on 23.02.2016.) 1. This petition has been filed to direct the respondents to register a case based on the complaint given by the petitioner on 23.02.2016. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3. On reading of the complaint dated 23.02.2016, it is seen that the petitioner has done business with the opposite party and it is alleged that the opposite party had not paid him the returns. Even in the complaint the petitioner has stated that the opposite party has returned Rs.49,000/-, Rs,30,000/- and Rs.10,000/- on various dates. Since it essentially appears to be a dispute between the partners, no positive direction can be issued to the respondent police to register an FIR. 4. Hence, this petition is closed with liberty to the petitioner to w...
Ben Joseph Sathish Vs. The District Collector, Sivagangai and Others
Court: Chennai Madurai
Decided on: Apr-22-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus forbearing the respondents 2 to 4 and their men or agents from drawing HT Line across the petitioner's property in S.No.191/1 and 191/2 with a total extent of 5.68 acres at Veppankulam, Karaikudi Taluk, Sivagangai District, except by due proess of law.) 1. When the matter is taken-up for hearing, the learned counsel for the petitioner submitted that the petitioner has already withdrawn the civil suit in O.S.No.176 of 2015, on the file of the District Munsif Court, Karaikudi. Now, he would contend that he has raised objection regarding drawing HT line across the petitioner's property. On this aspect, he would also bring to the notice of this Court regarding W.P.(MD).No.18312 of 2015 dated 03.03.2016. 2. At this juncture, the learned Standing Counsel submitted that as per the afore-said judgment, the first respondent is the competent authority to look into the issue in quest...
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