Chennai Court July 2016 Judgments
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X. Jeyanth Vs. The Inspector of Police, Thenbagam Police Station, Tuti ...
Court: Chennai Madurai
Decided on: Jul-19-2016
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records relating to the proceedings in Crime No.863 of 2012 on the file of the 1st respondent police station and quash the same, as it has no prima facie case as against the petitioner.) 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. On the complaint of father-in-law alleging that his daughter was subjected to cruelty and torture, a case in Crime No.863 of 2012 has been registered under Sections 294(b), 307 and 506(ii) IPC on the file of the 1st respondent against the petitioner/accused. 3. When the matter is taken up for hearing, the petitioner and the second respondent, appeared i...
P. Mariadoss Vs. The District Collector, Kancheepuram and Another
Court: Chennai
Decided on: Jul-19-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writs of Mandamus, directing the respondents to extend the unutilized lease period of 366 days from 18.09.2013, enable the petitioner to carry on the quarrying operation in Quarry No.9, measuring an extent of 5.00.0 Hectares comprised in S.F.No.99 of Keerapakkam Village, Chengalpat Taluk, Kancheepuram District, under the lease order in Rc.No.40/2003/Q1, dated 18.09.2003, passed by the 1st respondent by considering the petitioner's representations, dated 17.12.2012, 17.06.2013 and 08.07.2013, in the light of the Division Bench judgment of this Hon'ble Court, dated 17.03.2011, made in W.A.Nos.1018 and 1019 of 2010.) 1. Writ Petition has been filed for a Mandamus, directing the respondents to extend the unutilized lease period of 366 days from 18.09.2013 and to enable the petitioner to carry on the quarrying operation in Quarry No.9, measuring an extent of 5.00.0 Hectares comprised in S.F....
S. Thillainayagam Vs. The District Collector, District Collector's Off ...
Court: Chennai Madurai
Decided on: Jul-19-2016
(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 consider the Petitioner's representation dated 18.05.2016 and refer the application to the competent authority under Section 3(G)(5) of the NationalHighways Act. ) 1. 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, his father was the absolute owner of the property situated in R.S.No.16/2, Paraipathi Village, Madurai South, measuring an extent of 1.70 acres under the Settlement Deed, dated 07.01.1974. His father settled the entire property in favour of his brother Ashokan and himself. Subsequently, there was an oral partition and the property was divided and he was allotted the property situated in R.S.No.16/2A2, measuring an extent of 32 ares(patta No.756). 5. The stand of the Petitioner is t...
A. Kandasamy and Others Vs. The Inspector of Police, Namakkal District
Court: Chennai
Decided on: Jul-19-2016
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District and Sessions Judge, Namakkal to consider the bail petition, in the event of the petitioners filing such application in Crime No.153 of 2013 on the file of the respondent police and dispose of the same on merits on the same day.) 1. The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned Principal District and Sessions Judge, Namakkal to consider the bail application of the petitioners on the same day on their surrender in Crime No.153 of 2013 pending on the file of the respondent. 2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 294[b], 323, 324 and 506[ii] IPC, r/w Section 3[i][x] of SCandST [Prevention of Atrocities] Act, 1989 and that in view of the specific bar under Section 18 of th...
Pommusamy Vs. The Additional Superintendent of Police, Virudhunagar an ...
Court: Chennai Madurai
Decided on: Jul-19-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to release the Petitioner's vehicle TATA INDICA V2 DLE Car, bearing Registration No. TN 67 F 4142 and to handover the same to the Petitioner within the time limit stipulated by this Court.) 1. The learned counsel for the petitioner has made an endorsement in the typed-set of papers of the Writ Petition to the effect that the Writ Petitioner may be permitted to withdraw the Writ Petition. 2. Recording the aforesaid fact and the endorsement so made, the Writ Petition is dismissed as withdrawn. No costs....
R. Krishnamurthy Vs. The Secretary, State of Tamil Nadu, Chennai and A ...
Court: Chennai
Decided on: Jul-19-2016
(Prayer: This Writ Appeal is filed under Clause 15 of the Letters Patent, against the order made in W.P.No.28196 of 2008, dated 17.07.2012.) S. Manikumar, J. 1. Challenge in this Writ Appeal is to the order made in W.P.No.28196 of 2008, dated 17.07.2012, by which, the writ Court refused to declare the action of the respondents, in treating the period from 18.11.1973 to 04.04.1979, as eligible leave and later, as leave on loss of pay and not counted the period from 05.09.1967 to 31.08.1968, as qualifying service for pension, as arbitrary, illegal and unjust. The writ Court also refused to direct the Secretary to the Government, Transport Department, 1st respondent herein, to count the said period as duty and qualify the same for pension and to pay the petitioner, monthly pension with effect from 01.01.1988, with all arrears and all consequential benefits, together with interest. 2. Material on record discloses that the petitioner joined the erstwhile Transport Department, as Driver on 5...
M/s. Jonas Woodhead and Sons (I) Ltd., Chennai Vs. Consolidated Civil ...
Court: Chennai
Decided on: Jul-19-2016
A. Selvam, J. 1. This Original Side Appeal has been directed against the order dated 13.03.2009 passed in O.P.No.646 of 2004 by the learned Single Judge of this Court. 2. It is averred in the petition filed in O.P. No. 646 of 2004 that an agreement has come into existence between the petitioner and first respondent on 10.2.1997 with regard to construction of a commercial building and the same has been terminated on 16.7.2001 at the instance of the first respondent and subsequently the disputes between the parties have been referred to the arbitrators, who have been arrayed as respondents 2 to 4. The arbitrators have passed an award to the tune of Rs. 11,77,017/- on 5.5.2004. Further it is averred in the petition that one of the arbitrators by name P.S. Subramaniam, who has been arrayed as fourth respondent herein, has written a letter to the petitioner before passing the award in question. Under such circumstances, on the ground of misconduct of an arbitrator, the present petition has ...
Pattammal Vs. The District Collector, Kancheepuram District and Others
Court: Chennai
Decided on: Jul-19-2016
(Prayer: The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the fourth respondent to modify the revenue records in respect of the property, situated at No.124, Vizakandikuppam Village, Kancheepuram Taluk and District, comprised in S.No.64/1 admeasuring 0.27 cents and in S.No.65/2 admeasuring 0.23 cents and in S.No.113/2, admeasuring 0.24 cents and in S.No.128/3 admeasuring 0.42 cents and in S.No.91/1B admeasuring 0.74 cents and in S.No.110/7B and 110/8A admeasuring 0.05 cents and in S.No.130/1B admeasuring 0.04 cents after conducting an enquiry as per the provisions of the Patta Pass-Book Act, 1983.) 1. Heard. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, directing the fourth respondent to modify the revenue records, relating to the property situated at No.124, Vizakandikuppam village, Kanchipuram Taluk and District, after conducting an enquiry, as per t...
N. Sheela Vs. State Rep by its The Director, Vigilance and Anti Corrup ...
Court: Chennai
Decided on: Jul-19-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent-Police to register the complaint dated 25.09.2015 and to investigate and to file final report as engisaged under Code of Criminal Procedure.) 1. This Criminal Original Petition has been filed by the petitioner praying to direct the respondent to register the complaint dated 25.09.2015 given by the petitioner and to investigate the same in accordance with law. 2. In the affidavit filed in support of the petition, it has been averred by the petitioner as follows_ 2-1. The residential property/land in No.4A, Anna Street, 14th Main Road, Anna Nagar West, Chennai-40 (Thirumangalam Colony) and larger extent of property initially belonged to one Mr.C.Raghavel, who is none other than the father of the petitioner's husband. The said C.Raghavel inherited the property from his ancestors and thus, he had been in absolute possession and enjoyment of the said property, having residential house, and t...
Velraj and Another Vs. The Joint Commissioner, Hindu Religious and Cha ...
Court: Chennai Madurai
Decided on: Jul-19-2016
(Prayer: IN W.P(MD)No.7097 of 2015: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to consider the representation dated 20.4.2015 and to renew the leasehold interest of the Petitioner for the land measuring an extent of 3 acres and 11 cents in Survey No.158/4, Mappillaiyoorani Village, Thoothukudi Taluk, Thoothukudi District belonging to Arulmighu Sankara Rameswarar Thirukkovil, Thoothukudi.) Prayer: IN W.P(MD)No.7098 of 2015: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to consider the representation dated 20.4.2015 and to renew the leasehold interest of the Petitioner for the land measuring an extent of 3 acres and 58 cents in Survey No.159, Mappillaiyoorani Village, Thoothukudi Taluk, Thoothukudi District belonging to Arulmighu Sankara Rameswarar Thirukkovil, Thoothukudi.) Common Order 1. The learned counsel on reco...
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