Chennai Court June 2016 Judgments
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Thangam @ Chellammal and Another Vs. Sivakami and Others
Court: Chennai Madurai
Decided on: Jun-13-2016
Ms. R. Mala, J. 1.The plaintiffs have has challenged the judgment and decree passed in A.S. No.128 of 2001 on the file of the Principal District Court, Nagercoil, by reversing the judgment and decree passed in O.S. No.307 of 1992 on the file of the Principal District Munsif Court, Nagercoil for the relief of declaration of title and for injunction. 2. The appellants as plaintiffs filed a suit for declaration and injunction stating that the property is self acquired property of one Sankarakumara Pillai. First defendant is the first wife of Sankarakumara Pillai and defendants 2 to 7 are his children born through his first wife. He also got married the first plaintiff on 07.03.1952. Out of their wedlock, the first plaintiff gave birth the second plaintiff and one daughter viz., Ushakumari. The said Ushakumari was given marriage. Sankarakumara Pillai was working as Sreekariem at Dewasom Board. He purchased the property in the year 1973 and he bequeathed the suit property on 02.09.1989 in f...
Nagaraj Vs. The Superintendent of Police, Dindigul District and Anothe ...
Court: Chennai Madurai
Decided on: Jun-13-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd Respondent to register the case on the basis of the petitioner's complaint dated 20.05.2016.) 1. This petition has been filed to direct the 2nd Respondent to register the case on the basis of the petitioner's complaint dated 20.05.2016. 2. The learned Government Advocate (Crl.Side) would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending in CSR No.356/2016. 3. The allegation in the complaint is that the petitioner is the tenant under one Santhi Mathiyazhagaraj and the landlord has decided to sell the said house. The petitioner has proposed to buy the house and paid an advance amount of Rs.11,00,000/-. In the interregnum period, on account of declaration of election date, the petitioner was unable to remit the balance amount within the stipulated time. When the petitioner sought for extension of time for payment of remaining amount, the proposed a...
Esakkipandian Vs. The State rep. by its The Inspector of Police, Kayat ...
Court: Chennai Madurai
Decided on: Jun-13-2016
(Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Special Judge for SC/ST (Prevention of Atrocities) Act, Additional District Judge, No.II, Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.229 of 2015 on the file of the respondent police.) 1. This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3. The case of the prosecution is that on 05.06.2016, the petitioner degraded the defacto complainant by using filthy language against her and abused her using the caste name and hence the complaint came to be registered. 4. The learned Government Advocate (Crl. Side) would submit that the matter pertains to a wordy quarrel and investigation has been almost comple...
N. Dhanam Vs. The District Revenue Officer, Sivagangai District and An ...
Court: Chennai Madurai
Decided on: Jun-13-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to release the MAHINDRA 7 MAXIMO Van bearing Registration No.TN 63 Q-7176, which was seized on 31.10.2015, by considering the representation made by the Petitioner to the First Respondent on 23.03.2016 requesting to release the Van.) 1. Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. According to the Petitioner, she is the owner of Mahindra and Maximo Van e bearing Registration No. TN-63 A-7176 and on 31.10.2015, the said van was hired and the same was driven by her father-in-law and to her shock and surprise, she was informed that her vehicle was seized by the Sivagangai Police for transporting the Rice Food and Things without any valid permit. Moreover, the vehicle was handed over with load to the First respondent/The District Revenue Officer, Sivagangai. It appears that ti...
Petitioner Vs. Respondent
Court: Chennai Madurai
Decided on: Jun-13-2016
1. This petition is by a defeated complainant in the Court of the Appellate Judge, seeking condonation of delay of 1215 days caused in preferring appeal as against the order of acquittal passed by the Trial Court. 2. The revision petitioner instituted a private complaint, under Section 200 Cr.P.C., as against the respondent herein in the Court of the learned Judicial Magistrate, Fast Track Court Level, Thanjavur, for an offence under Section 138 N.I.Act. 3. The learned Magistrate convicted the respondent on 09.05.2011. The respondent appealed in C.A.No.37 of 2011, before the learned I Additional Sessions Judge, Thanjavur. The appeal was allowed and he was acquitted on 18.07.2012. He has forgotten the bitter experience of a criminal case. Subsequently, he was caught by a killer disease. He is suffering out of a terminal illness. He is fighting for his life. 4. At this juncture, again the complainant wants to drag him to a court case. But, before that, there was a lull for about 1215 day...
Ashram Higher Secondary School, Karur District Vs. The Director of Sch ...
Court: Chennai Madurai
Decided on: Jun-10-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling the records relating to the proceedings of the 2nd Respondent dated 4.5.2016 in withholding the 11th Standard results of Students in Commerce Group English Medium of the Petitioner School and quash the same and consequently direct the respondents 1 and 2 to grant permission to run commerce Group English medium in the Petitioner's school.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. The petitioner/School is owned by a registered Charitable Trust namely 'Ashram Education and Charitable Trust', which was formed by a registered trust deed dated 30.12.2000 and later, the trust deed was amended by means of amendment deed dated 31.03.2015. Admittedly, the trust alone made an application and obtained permission for running of the school. The plea of the petitioner is that although, the school is running effe...
The Commissioner, Chennai Vs. S.K. Syed Rafiullah and Another
Court: Chennai
Decided on: Jun-10-2016
(Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 7.1.2016 passed in W.P.No.30766 of 2015 on the file of this court.) Huluvadi G. Ramesh, J. 1. Heard the learned counsel for the appellant-Commissioner, Pallavaram Municipality, learned counsel for the first respondent and the learned Special Government Pleader for the second respondent. 2. By impugned order, the learned Single Judge allowed the writ petition and thereby the order passed by the appellant was quashed and the appellant was directed to issue Birth Certificate to the son of the first respondent herein, who was born on 1.11.2012 and correct the same as R.Amanullah as per the publication made in the Government Gazette dated 9.10.2013, within a period of three weeks. This order is under challenge on the ground that as per Section 15 of the Registration of Births and Deaths Act, 1969, no such correction can be made, etc. 3. Under Section 15 of the abovesaid Act, what is contemplated i...
M/s. United Company Vs. The Executive Engineer, Central Public Works D ...
Court: Chennai Madurai
Decided on: Jun-10-2016
(Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorari Mandamus to call for the records pertaining to the proceedings of the First respondent made in receipt No.1 dated 07.04.2016 vide NIT No. 114/CE/MCDI/2015-2016 quash the same and consequentially award tender in favour of the petitioner and pass such further or other order or orders as this Honourable court deem fit.) 1. The Learned Counsel appearing for the Petitioner has given a letter, dated 06.06.2016, to the Registry seeking permission of this Court to withdraw this writ petition and to that effect, he has also made an endorsement in the typed set of papers of the writ petition. 2. Recording the aforesaid letter and the endorsement so made, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed....
Ashram Higher Secondary School, Karur Vs. The Director of School Educa ...
Court: Chennai Madurai
Decided on: Jun-10-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling the records relating to the proceedings of the 2nd Respondent dated 4.5.2016 in withholding the 11th Standard results of Students in Commerce Group English Medium of the Petitioner School and quash the same and consequently direct the respondents 1 and 2 to grant permission to run commerce Group English medium in the Petitioner's school.) 1. Heard both sides. 2. By consent, the main writ petition itself is taken up for final disposal. 3. The petitioner/School is owned by a registered Charitable Trust namely 'Ashram Education and Charitable Trust', which was formed by a registered trust deed dated 30.12.2000 and later, the trust deed was amended by means of amendment deed dated 31.03.2015. Admittedly, the trust alone made an application and obtained permission for running of the school. The plea of the petitioner is that although, the school is running effe...
N. Soman and Others Vs. The Commissioner, Kuzhithurai Municipality, Ka ...
Court: Chennai Madurai
Decided on: Jun-10-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to dispose of the petitioners' representation dated 25.02.2014 requesting to waive the rent for the shops on account of closure of shops due to renovation work in bus stand.) 1. The learned Counsel appearing for the petitioners himself reports that the writ petition is liable to be dismissed as infructuous. However, this Court also has noted that the writ petition is not maintainable as similar prayer sought for in the previous writ petition had already been rejected by this Court while dismissing W.P(MD)Nos.3200 to 3204 and batch of 2012 by order dated 29.08.2012. Hence, this writ petition is also dismissed on merits. No costs. Consequently, the connected Miscellaneous petition is also dismissed....
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