Chennai Court June 2016 Judgments
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T.K.S. Good Shepherd Public School, represented by its Correspondent, ...
Court: Chennai Madurai
Decided on: Jun-28-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents 1 and 2 to grant forthwith the No Objection Certificate for the establishment of the Petitioner's School without insisting on Plan and Approval from the Department of Town and Country Planning, within the time frame fixed by this Court.) Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. No counter is filed on behalf of the Respondents. 4. According to the Petitioner/School, it started functioning from the year 2013 and applied before the Second Respondent for issuance of 'No Objection Certificate' on 16.06.2015 under the CBSE Guidelines for approval/affiliation. In fact, the Petitioner made a request on 16.06.2015 to the Respondents with all necessary documents and in reality, the Petitioner sent a proposal to the CBSE praying for the grant of approval/affiliation. 5. The stand...
V. Rajasekaran Vs. The Managing Director, Tamil Nadu State Transport C ...
Court: Chennai Madurai
Decided on: Jun-28-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to pay the retirement benefits with interest to the petitioner in view of the representation dated 14.06.2016.) 1. The petitioner was an employee of the respondents Transport Corporation. Seeking his retirement benefits, he has filed the present Writ Petition. 2. When the matter is taken up for hearing, learned Standing Counsel appearing for the respondents submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A.(MD).Nos.383 to 457 of 2015, dated 12.06.2015. He has further submitted that the respondents would consider the request of the petitioner in the light of the judgment passed by the Honourable Division Bench. 3. For ready reference, the judgment, dated 12.06.2015, passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2015, is extracted hereunder: "The learned Additional Advocate General submit...
Manikandan and Others Vs. The State Rep. by The Inspector of Police, a ...
Court: Chennai Madurai
Decided on: Jun-28-2016
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records in Crime No.56 of 2016 on the file of the 1st respondent police and quash the same.) 1. Section 482 Cr.P.C., saves inherent power of the Court. Such inherent power can be exercised either to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. Invoking such inherent power, this petition has been filed to quash the proceedings on the ground that the continuance would amount to abuse of the process of the Court. 2. Acase in Crime No.56 of 2016 has been registered under Sections 147, 148, 323, 324 and 307 of IPC and Section 3 of TNPPDL Actby the 1st respondent against the petitioners. 3. When the matter is taken up for hearing, the petitioners and the second respondent, appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl.Side) th...
A. Kalaiselvan Vs. The State of Tamil Nadu, Rep. By the Principal to G ...
Court: Chennai
Decided on: Jun-28-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the respondent in Ref.No.CD1/37815/2013, dated 10.05.2016 and quash the same and direct the second respondent to grant the petitioner his due promotion.) 1. With the consent of the counsel appearing on either side, the main writ petition itself is taken up for final disposal. 2. By way of filing this writ petition, the petitioner seeks to quash the impugned proceedings dated 10.05.2016 of the respondent, in and by which, the request of the petitioner in seeking promotion was rejected citing pendency of a charge memo. He further sought a direction to the respondent to grant his due promotion. 3. The grievance of the petitioner is that though his name was included in the panel prepared for the year 2015 to the post of Deputy Commissioner, he was not given promotion due to the pendency of a charge memo dated 29.04.2015, which is much after the cr...
M. Mahendran Vs. The District Collector, Thoothukudi District and Othe ...
Court: Chennai Madurai
Decided on: Jun-28-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the fourth respondent to permit the petitioner's son viz., M. Madhan Kumar to continue his education in the fourth respondent in XI standard.) 1. Heard both sides. 2. By consent, the main Writ Petition itself is taken up for final disposal. 3. No counter is filed on behalf of R1 to R3. Counter of R4 is filed. 4. The petitioner has preferred the instant writ petition praying for passing of an order by this Court in directing the Fourth Respondent / Sakthi Vinayagar Hindu Vidyalaya School to permit his son viz., M.Madhan Kumar to continue his education in XI standard. According to the petitioner, his elder son M.Madhan Kumar was studying in the Fourth Respondent / School from the year 2006 ? 07 academic year from his first standard and wrote the board exam for the X standard in March-2016 and had secured 6.8 grade points out of 10. Subsequently, he had approached the Four...
P. Canisius Vs. The State of Tamil Nadu, Rep. by its Inspector of Poli ...
Court: Chennai Madurai
Decided on: Jun-28-2016
(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., praying to call for the records pertaining to the Order dated 10.05.2016 in un numbered Crl.M.P.SR.No.3706 of 2016 on the file of the learned Judicial Magistrate No.1, Thoothukudi, set aside the same.) 1. Aggrieved by the return of his property return petition, the defacto complainant directed this revision. 2. In a moving train, the defacto complainant has been robbed of his valuables. Gold valuables has been seized by the investigation officer. It has to be produced before the learned Judicial Magistrate No.1, Thoothukudi. The revision petitioner filed petition to return the said property to himself. It was returned by the learned Magistrate on the ground that the case property is not produced before the Court and also certain factual matrix have to be stated. 3. The approach of the Magistrate is not correct. Under Section 457 Cr.P.C., if a case property is seized by the Police and if it is not produced ...
Vijai and Another Vs. State Rep. by The Inspector of Police, Chennai
Court: Chennai
Decided on: Jun-28-2016
(Prayer: Criminal Appeals filed under Section 374(2) of Cr.P.C. challenging the conviction and sentence imposed on the appellants by the learned Principal Sessions Judge, Tiruvallur, in S.C.No.205 of 2013 dated 29.10.2014.) S. Nagamuthu, J. 1. The appellant in Criminal Appeal No.237 of 2015 is the Accused No.2 and the appellant in Criminal Appeal No.602 of 2014 is the Accused No.1 in S.C.No.205 of 2013 on the file of the learned Principal Sessions Judge, Sessions Division of Tiruvallur. They stood charged for offences under Sections 449 r/w 34 of IPC and 302 r/w 34 of IPC. The trial court, by judgement dated 29.10.2014, convicted both A1 and A2 under Section 448 r/w 34 of IPC instead of under Section 449 r/w 34 of IPC and under Section 302 r/w 34 of IPC and sentenced them to undergo rigorous imprisonment for six months for offence under Section 448 r/w 34 of IPC and to undergo imprisonment for life and to pay a fine of Rs.10,000/- each in default to undergo simple imprisonment for six ...
R. Saravanan Vs. The District Revenue Officer, Sivagangai and Another
Court: Chennai Madurai
Decided on: Jun-28-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider Petitioner's representation dated 17.02.2016 respectively within stipulated time framed by this Hon'ble Court.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. No counter is filed on behalf of the respondents. 4. The grievance of the petitioner is that his representation dated 17.02.2016 addressed to the respondents 1 and 2 has not been considered by the concerned authorities in a proper manner. In the said representation dated 17.02.2016, the petitioner had sought for issuance of joint patta in their family name. 5. At this stage, the Learned Additional Government Pleader appearing for the respondents fairly submits that the representation of the petitioner dated 17.02.2016 would be considered by the authorities concerned, within the time fixed by this Court. 6. Considering the fact that ...
Krishnamoorthy andAnother Vs. The Inspector of Police, Elumalai Police ...
Court: Chennai Madurai
Decided on: Jun-28-2016
(Prayer:Criminal Original Petition filed under Section 482 of Cr. P.C. praying to call for the records in Crime No.164 of 2014, pending on the file of the respondent Police and quash the criminal proceeding.) 1. Section 482 Cr. P.C., saves inherent power of the Court. Such inherent power can be exercised either to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. Invoking such inherent power, this petition has been filed to quash the proceedings on the ground that the continuance would amount to abuse of the process of the Court. 2. A case in Crime No.164 of 2014 has been registered under Sections 294(b), 324, 325 and 506(i) IPC by the respondent against the petitioners. 3. When the matter is taken up for hearing, the petitioners and the defacto complainant, appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl.Side) thr...
K. Pasupathy Vs. Shiyamala Devi and Others
Court: Chennai Madurai
Decided on: Jun-28-2016
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgement and Decree in A.S.No.88 of 2010, on the file of the Subordinate Judge, Pudukkottai, Pudukkottai District, dated 22.08.2011, confirming the judgment and decree in O.S.No.128 of 2005, on the file of the District Munsif Court, Pudukkottai, Pudukkottai District, dated 30.06.2010.) 1. The appellant/fifth defendant has come forward with this Second Appeal challenging the Decree and Judgment passed in A.S.No.88 of 2010, dated 22.08.2011, by the Subordinate Court, Pudukkottai by modifying the judgment and decree passed in O.S.No.128 of 2005, dated 30.06.2010, by the District Munsif Court, Pudukkottai for granting declaration that the first respondent / plaintiff is the legally wedded wife of the deceased Govindan and the first respondent / plaintiff is entitled to family pension and the plaintiff and the defendants 4 and 5 are entitled to other gratuity and retirement benefits. 2. Heard the lea...
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