Chennai Court April 2016 Judgments
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M. Mohammed Akbar Basha Vs. The Registrar General, High Court, Madras ...
Court: Chennai
Decided on: Apr-05-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for a writ of Certiorari, calling for the records of the Second Respondent in proceedings R.No.580/2014 dated 05.02.2014 and to quash the same.) M. Venugopal, J. 1. The Petitioner has focused the instant Writ Petition praying for passing of an order by this Court in calling for the records of the Second Respondent/Chief Judicial Magistrate, Coimbatore, in his proceedings R.No.580/2014 dated 05.02.2014 and to quash the same. 2. According to the Petitioner, he was appointed as night Watchman in the Court of Judicial Magistrate-VII through the District Employment Exchange, Coimbatore. Thereafter, he was promoted as Office Assistant on 11.02.2013 and posted at Manapparai. Later, he was transferred to the Judicial Magistrate Court-I (Fast Track Level), Coimbatore. 3. The categorical stand of the Petitioner is that he was ill treated and required to do domestic work even on holidays as against the Government Orders a...
Ramasamy and Another Vs. State rep by The Inspector of Police, Tirupur
Court: Chennai
Decided on: Apr-05-2016
(Prayer: Appeal is filed under Section 374 of the Code of Criminal Procedure against the judgment passed by the learned II Additional District and Sessions Judge, Tirupur in S.C.No.141 of 2010 dated 24.08.2012.) S. Nagamuthu, J. 1. The appellants are the accused 1 and 2 in S.C.No.141 of 2010 on the file of the learned II Additional District and Sessions Judge, Tirupur. Including these appellants there were totally four accused in the case. The first accused stood charged for offences under Sections 449, 302 (2 counts) and 307 I.P.C. and the accused 2 to 4 stood charged for the offences under Sections 449, 302 (2 counts) and 307 r/w Section 34 I.P.C. By judgment dated 24.08.2012, the trial Court acquitted the accused 3 and 4 but convicted the accused 1 and 2 and sentenced the first accused to undergo rigorous imprisonment for ten years and pay a fine of Rs.1000 and in default to undergo rigorous imprisonment for six months for offence under Section 449 I.P.C.; to undergo imprisonment fo...
T. Ponnusamy Vs. The Inspector of Police, Sathyamangalam Police Statio ...
Court: Chennai
Decided on: Apr-04-2016
1. A case under Sections 302 and 309 IPC has been registered in Crime No.462 of 2015 of Sathyamangalam Police Station by the Inspector of Police, against the petitioner herein, who is aged 61 years, on the basis of the complaint preferred by his own son, Kamaraj. 2. In the complaint, dated 09.09.2015, it is stated by one of the sons of the petitioner, by name, Kamaraj, that: (a) his father, the petitioner herein, was suffering from mental health problem for a period of one year; (b) on 09.09.2015, when the petitioner had been to the agricultural field, along with his mother, and on information from relatives and friends, when they went to the field, they saw the mother lying dead and the father lying with stomach injuries with the internal part of the stomach remaining exposed; (c) he was informed by his father that he had beaten his mother with wooden log and he opened his stomach with a knife. 3. Based on these allegations, the body of the mother was sent for post-mortem and a case h...
Yesubakthan Vs. Ujaila Rani
Court: Chennai Madurai
Decided on: Apr-04-2016
(Prayer: Appeal under Section 55 of the Indian Divorce Act, against the fair and decretal order, dated 28.02.2014, passed in I.D.O.P.No.189 of 2012 by the learned District Judge, Nagercoil.) 1. This Civil Miscellaneous Appeal has been filed against the fair and decretal order, dated 28.02.2014, passed in I.D.O.P.No.189 of 2012, by the learned District Judge, Nagercoil. 2. The appellant is the husband and the respondent is the wife. The marriage between the appellant and the respondent was solemnized on 26.02.2001. Two female children were born on 29.12.2002 and 26.12.2007 in the wedlock. Due to dispute, both were living separately. The appellant/husband filed I.D.O.P.No.189 of 2012 before the District Court, Nagercoil, for dissolution of marriage. The learned District Judge, Nagercoil, dismissed the said I.D.O.P. on 28.02.2014. Against the said dismissal order, the present civil miscellaneous appeal is filed. 3. Today, when the matter is taken up for hearing, both the parties a...
Asset Reconstruction Company [India] Ltd. Vs. S. Syed Mohammed Aliar
Court: Chennai
Decided on: Apr-04-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decretal order dated 04.08.2015 passed in I.A.No.559 of 2015 in O.S.No.907 of 2015 on the file of the Hon'ble III Additional Subordinate Judge, Coimbatore.) 1. Though the respondent was served with a notice, he has not chosen to enter appearance either in person or through counsel. The respondent's name has been printed in the cause list. Still, he has chosen to remain absent and left the matter without representation on the previous date of hearing and also today. Hence, this Court deems it appropriate to pass an order after hearing the submissions to be made on behalf of the petitioner and upon perusing the relevant materials. 2. This petition has been filed under Article 227 of the Constitution of India against the order dismissing an application filed under Order VII rule 11 of C.P.C. praying for the rejection of the plaint on the ground that the suit was barred under Se...
S. Mariappan Vs. The Superintendent of Police, Tirunelveli and Others
Court: Chennai Madurai
Decided on: Apr-04-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to transfer the investigation in Crime No.301 of 2015 from the file of the 2nd respondent to the 3rd respondent police for going ahead with the course of investigation of the said case.) 1. This petition has been filed to transfer the investigation in Crime No.301 of 2015 from the file of the 2nd respondent to the 3rd respondent police for going ahead with the course of investigation of the said case. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. Taking into consideration the nature of allegations in the FIR in Crime No.301 of 2015, this is not a fit case to transfer the case from the file of the 2nd respondent to the file of the 3rd respondent. It will be in the interest of justice, if the case in Crime No.301 of 2016 is directed to be monitored by the Deputy Superintendent of Police, Ambasamudram Sub-Division. 4. Accordingly, the...
A.S. Jesuraj Vs. The Director, Town and Country Planning, Chennai and ...
Court: Chennai Madurai
Decided on: Apr-04-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the Respondents 1 to 6 to take action against the Respondents 7 to 10 for unlawful development of layout with improper road in R.S.No.320/4A Vilacheri Village Madurai District and to make sure that the petitioner is having access to his land through a newly formed 23 ft road as per the circulars of the 1st Respondent and to stop all further development in R.S.No.320/4A Vilacheri Village Madurai Distirct and pass further orders as this Court may deem fit and proper.) 1. The prayer in the Writ Petition is for a Mandamus to direct the Respondents 1 to 6 to take action against the Respondents 7 to 10 for unlawful development of layout with improper road in R.S.No.320/4A Vilacheri Village Madurai District and to make sure that the petitioner is having access to his land through a newly formed 23 ft road as per the circulars of the 1st Respondent and to stop all further ...
Philip and Another Vs. Kristraj
Court: Chennai
Decided on: Apr-04-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against a judgmnet and decree of the Principal District Judge, Cuddalore dated 13.04.2015 made in C.M.A.No.2 of 2014 confirming the fair and decretal order of the Principal Sub Judge, Vridhachalam dated 28.11.2007 made in I.A.No.534 of 2007 in O.S.No.65 of 2006.) 1. The respondent, though served with notice, has not chosen to enter appearance either in person or through a counsel. Hence this court deems it appropriate to hear the submissions to be made on behalf of the petitioners and pass an order in the civil revision petition. Accordingly, the arguments advanced on behalf of the petitioners are heard and the materials on record are also perused. 2. The petitioners in the civil revision petition are the defendants in O.S.No.65/2006, which was filed by the respondent herein for the relief of partition. The property, regarding which partition has been sought for, was owned by the mother of the respond...
Tamilselvi Vs. State of Tamil Nadu rep by its Secretary to the Governm ...
Court: Chennai
Decided on: Apr-04-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records of the 2nd respondent pertaining to the order made in C.M.P.No.63/Goonda/2015/M1 dated 11.10.2015 in detaining the detenu under the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the petitioner's husband, the detenu herein, namely, Ettaiya@Saravanan, S/o.Selladurai, aged about 26 years, who is detained at the Central Prison, Salem, before this Court and set him at liberty.) M. Jaichandren, J. 1. This Habeas Corpus Petition has been filed by the wife of the detenu, namely, Ettaiya@Saravanan, aged 26 years, son of Selladurai, to issue a Writ of Habeas Corpus, to call for the records in C.M.P.No.63/Goonda/2015/M1 dated 11.10.2015, 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, Fo...
Anand Vs. The Superintendent of Police, Dindigul District and Another
Court: Chennai Madurai
Decided on: Apr-04-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to take appropriate action against the accused in Crime No.39 of 2016 on the file of the 2nd respondent by considering his representation dated 26.02.2016.) 1. This petition has been filed to direct the 2nd respondent to take appropriate action against the accused in Crime No.39 of 2016 on the file of the 2nd respondent by considering his representation dated 26.02.2016. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. On the complaint given by this petitioner, a case in Crime No.39 of 2016 was registered by the respondent police on 26.01.2016 for offences under Sections 147, 148, 294(b), 406, 418, 420, 442 and 506(ii) IPC and the investigation is in progress. 4. Taking into consideration the nature of allegations in the FIR in Crime No.39 of 2016, this Court is of the view that it will be in the interest...
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