Chennai Court April 2016 Judgments
N. Ganesan Vs. Vadivel
Court: Chennai
Decided on: Apr-28-2016
(Prayer in both CRPs: These Civil Revision Petitions are filed under Section 115 of Code of Civil Procedure, against the orders and decreetal orders in I.A. Nos. 277 of 2009 in O.S. No.359 of 2004 and I.A. No.269 of 2009 in O.S.No.34 of 2008 dated 28.06.2010 on the file of District Munsif, Palacode.) 1. These Civil Revision Petitions arise against the orders passed in I.A. Nos. 277 of 2009 in O.S. No.359 of 2004 and I.A. No.269 of 2009 in O.S.No.34 of 2008 dated 28.06.2010 on the file of District Munsif, Palacode. 2. The Revision petitioner filed a suit in O.S. No.359 of 2004 before the District Munsif Court, Palacode, seeking for declaration and for permanent injunction as against the respondent. The suit property originally belong to the respondent/ defendant and thereafter the revision petitioner/ plaintiff purchased the aforesaid property under the sale deed dated 24.01.2001 for a valid consideration. According to the revision petitioner, he is in possession of the suit property, f...
Tag this Judgment!Pushparayan Vs. The Secretary, Government of India and Others
Court: Chennai
Decided on: Apr-28-2016
(Prayer: Writ Petition in W.P(MD) No.13810 of 2009 is filed under Article 226 of the Constitution of India seeking for the relief of issuance of Writ of Declaration declaring the notification of the 1st respondent dated 1.1.2009 as illegal and against the provisions of EIA Notifications dated 14.09.2006 and the provisions of the Environmental Protection Act, 1986 and consequentially directing the 1st respondent to conduct public hearing for the proposed expansion project of the 4th respondent and thereby considering the objections by constituting a assessment Committee comprising eminent environmentalist and activists as this Court may deem fit and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. Writ Petition in W.P.No.5691 of 2010 is filed under Article 226 of the Constitution of India seeking for the relief of issuance of Writ of Certiorari calling for the records relating to the impugned Notification S.O.2408 (E) dated 22.9.2...
Tag this Judgment!Antony Vs. Udayar and Others
Court: Chennai Madurai
Decided on: Apr-28-2016
(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.36 of 2004, dated 29.04.2005 on the file of learned Additional Subordinate Judge, Tenkasi, reversing the judgment and decree passed in O.S.No.67 of 2001, dated 08.03.2004 on the file of learned Principal District Munsif, Tenkasi.) 1. This appeal is directed against the judgment and decree dated 29.04.2005, made in A.S.No.36 of 2004 on the file of learned Additional Subordinate Judge, Tenkasi, reversing the Judgment and Decree dated 08.03.2004, made in O.S.No.67 of 2001, on the file of the learned Principal District Munsif, Tenkasi. 2. For the sake of convenience, the parties are referred to in this judgment in accordance with their respective ranks in the suit. At appropriate places, the ranks of the parties in the appeal are also shown to achieve clarity. 3. The factual matrix relevant for deciding the second appeal is as below:- 3.1. The suit first item of...
Tag this Judgment!M. Subbiah and Others Vs. State Represented byThe Inspector of Police ...
Court: Chennai Madurai
Decided on: Apr-28-2016
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to FIR in Crime No.110 of 2016 on the file of the 1st respondent herein and quash the same. Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to Crime No.410 of 2015 on the file of the 1st respondent and quash the same. Petition filed under Section 482 of Code of Criminal Procedure to quash the proceedings in FIR in Crime No.7 of 2015 dated 07.01.2015 on the file of the 1st respondent police. Petition filed under Section 482 of Code of Criminal Procedure to quash the proceedings in FIR in Crime No.8 of 2015 dated 07.01.2015 on the file of the 1st respondent police. Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to Crime No.4 of 2016 on the file of the 1st respondent and quash the same so far as the petitioners are concerned.) 1. This petition has been filed seeking to call for the re...
Tag this Judgment!R. Rama Krishnan Vs. The District Collector, Sivagangai and Others
Court: Chennai Madurai
Decided on: Apr-28-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to pass an order on the petitioner Appeal dated 10.03.2016 within the time stipulated by this Court as this Court may deem fit and proper.) 1. The prayer in the Writ Petition is for a Mandamus to direct the first respondent to pass an order on the petitioner Appeal dated 10.03.2016. 2. The petitioner has given an appeal to the first respondent only on 10.03.2016. Admittedly, whether it is numbered or not, till date it is not known. Hence, the petitioner is at liberty to first number the appeal and if it is not taken on file, after three months, the petitioner is at liberty to approach this Court thereafter. Hence, this writ petition is dismissed. No costs....
Tag this Judgment!State Express Transport Corporation Tamil Nadu Ltd., Chennai rep. by i ...
Court: Chennai
Decided on: Apr-28-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree passed by the Motor Accident Claims Tribunal, Chennai (IV Court of Small Causes, Chennai) in M.C.O.P.No.2150 of 2010 dated 18.09.2014.) Huluvadi G. Ramesh, J. 1. The Tamil Nadu State Transport Corporation has filed the above appeal challenging the award made in M.C.O.P.No.2150 of 2010, dated 18.09.2014 on the file of Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai. 2. It is a case of fatal accident. On 10.06.2010 at about 22.30 hours, while the deceased/V.Deva Kumar was riding his Motor Cycle bearing Reg.No.TN-22-BE-2354 from Kodambakkam to Thirisoolam along Jawaharlal Nehru 100 Feet Road, opposite to IOC Petrol Bunk, the bus bearing Reg.No.TN-01-N-6764, which was driven in a rash and negligent manner came from behind and dashed against the motor cycle, due to which, the deceased was thrown out and sustained grievous injuries and he died during the c...
Tag this Judgment!T.C. Shaji and Another Vs. The Director, M/s. Topperz @ Work Academy P ...
Court: Chennai
Decided on: Apr-28-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to against the order dated 14.09.2011, passed in I.A.No.12245 of 2011 in O.S.No.5943 of 2011, on the file of the XVI Assistant Judge City Civil Court, Chennai.) M.V. Muralidaran, J. 1. The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the Civil Revision petition and he has also made an endorsement to that effect. Accordingly, the Civil Revision petition is dismissed as withdrawn. No costs....
Tag this Judgment!Shanmugam and Another Vs. Sarful Haq and Others
Court: Chennai
Decided on: Apr-28-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order of the District Munsif, Katpadi, Vellore District dated 20.01.2016 made in I.A.No.983 of 2015 in O.S.No.17 of 2014.) The plaintiff who has filed the suit for a bare injunction regarding three items of suit properties defined with survey numbers, extents and boundaries, chose to file an interlocutory application in I.A.No.983/2015 in the said suit O.S.No.17/2014 on the file of the District Munsif, Katpadi, Vellore District for appointment of an Advocate-Commissioner to note the physical features of the suit property and submit a report and a plan. The learned trial Judge dismissed the same holding that the purpose of filing of the application for appointment of a Commissioner was only for prolonging the case. It is as against the said order of the trial court dated 21.06.2015, the present civil revision petition has been filed. 2. The matter stands listed today for a...
Tag this Judgment!Selvam and Another Vs. The Inspector of Police, Tirunelveli District
Court: Chennai Madurai
Decided on: Apr-28-2016
(Prayer: Petition filed under Section 482 of Cr.P.C., praying to set aside the order passed in Cr.M.P.No.2071 of 2016, passed in C.C.No.103 of 2008, pending on the file of the Judicial Magistrate, Boothapandi.) 1. This petition has been filed seeking to set aside the order passed in Cr.M.P.No.2071 of 2016, passed in C.C.No.103 of 2008, pending on the file of the Judicial Magistrate, Boothapandi. 2. The petitioners are facing trial in C.C.No.103 of 2008 before learned Judicial Magistrate, Boothapandi for offences under Sections 294(b), 324 and 506(i) IPC. The prosecution examined P.Ws.1 to 9, but the accused did not choose to cross examine the witnesses on the said date after they were examined in chief. Thereafter, the petitioners filed a petition in Cr.M.P.2071 of 2016 under Section 311 Cr.P.C. to recall P.Ws.1 to 9, which was dismissed by the Trial Court on 28.03.2016. challenging which the accused are before this Court. 3. Heard Mr.Krishnasamy, learned counsel appearing for the peti...
Tag this Judgment!R. Meenakshi Vs. The District Revenue Officer, Thanjavur and Others
Court: Chennai Madurai
Decided on: Apr-28-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the third respondent to consider the petitioner's representation dated 26.12.2013 and to grant patta in the name of the petitioner with respect to the properties, bearing S.Nos.1579/1, 1580 and 1581 situating in Valaiyapeetai Village, Kumbakonam Taluk, Thanjavur District within a time limit fixed by this Court.) 1. The prayer in the Writ Petition is for a Mandamus to direct the third respondent to consider the petitioner's representation dated 26.12.2013 and to grant patta in the name of the petitioner with respect to the properties, bearing S.Nos.1579/1, 1580 and 1581 situating in Valaiyapeetai Village, Kumbakonam Taluk, Thanjavur District. 2. Mr.N.S.Karthikeyan, learned Additional Government Pleader takes notice for the respondents 1 to 4 and Mr.M.Rajarajan, learned Government Advocate takes notice for the fifth respondent. 3. By consent, the writ peti...
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