Chennai Court July 2016 Judgments
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Abdul Harim Vs. The District Collector, Trichy District and Others
Court: Chennai Madurai
Decided on: Jul-15-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing 3rd Respondent to issue patta to the Petitioner in respect of the Petitioner's house situated in Door No.31/26, Santhosh Nagar, Ward No.35 of Trichy Municipal Corporation in pursuant to the Communication dated 13.11.2015 issued by the 1st Respondent to the 3rd Respondent and to issue patta to the Petitioner.) 1. Heard both sides. 2. According to the petitioner, he is a physically challenged person and his daughter is also a physically challenged person. Therefore, he made a request to the State Government in the year 1985 to allot a land for construction of small house on the ground that he is a physically challenged poor person. In fact, the third respondent/Tahsildar, Trichy East, by his proceedings dated 02.09.1987, sent a communication to the Secretary to the Government of Tamil Nadu stating that steps were taken to convert the said land as 'Natham' and thereafter,...
Sakthivel Vs. State, rep.by Inspector of Police, Pudukkottai District ...
Court: Chennai Madurai
Decided on: Jul-15-2016
(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records of the learned Judicial Magistrate, Aranthangi, in Cr.M.P.No.3248 of 2016 and set aside the order, dated 07.06.2016.) 1. The revision petitioner, who is the father of the accused, aggrieved by the dismissal of his property return petition in Cr.M.P.No.3248 of 2016, by the learned Judicial Magistrate, Aranthangi, has directed this revision. 2. It is alleged that on 29.05.2016, at North Ammapattinam, the accused, who is the revision petitioner's son attempted on the life of the second respondent's son, namely, Surender, by running over a Car (TN01 AP8853). On the complaint of the second respondent, Manamelkudi Police registered a case in Crime No.114 of 2016, under Section 307 I.P.C. 3. The Police seized the said Car (TN01 AP8853). It has become the case- property. The father of the accused filed Crl.M.P.No.3248 of 2016 for interim custody of the Car to him. 4. The learned Judicial Ma...
S.K.S. Logistic Ltd., Mumbai Vs. Oil and Natural Gas Corporation Ltd., ...
Court: Chennai
Decided on: Jul-15-2016
(Prayer: Original Side Appeal under Clause 15 of the Letters Patent read with Order XXXVI Rule 1 of Original Side Rules against the Order, dated 28.06.2002 made in O.P.No.153 of 1999.) P. Kalaiyarasan, J. 1. Challenge in this Original Side Appeal is to the order, dated 28.06.2002 passed in O.P.No.153 of 1999. 2. The first respondent herein filed O.P.No.153 of 1999, praying to set aside portion of the Award, dated 18.11.1998 with respect to claim No.6 and Counter claim Nos. 2,4,5,6,7 and 8 and to award the sums claimed by them with interest. 3. The learned single Judge set aside the Award of the Arbitrators and awarded the sums claimed by the first respondent herein. Aggrieved against the order, the present appeal has been preferred. 4. The brief facts of the case is as follows : (i) Pursuant to the notice inviting tender by the first respondent, Oil and Natural Gas Corporation Ltd., (herein after called as "ONGC"), the appellant, M/s. Shahi Shipping Ltd., (herein after called as "SSL")...
M. Krishna Sai Vs. The Deputy Commercial Tax Officer, Nungambakkam Ass ...
Court: Chennai
Decided on: Jul-15-2016
(Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorari to call for the records of the second respondent in RC.3647/2004/A3 and quash the impugned notice dated 24.01.2005 as the same is issued without authority of law and also against the provisions of the Tamil Nadu General Sales Tax Act.) 1. Heard Mr.P.Rajkumar, learned counsel for the petitioner and Mr.S.Kanmani Annamalai, learned Additional Government Pleader(Tax) for the respondent department and perused the materials placed before this Court including the written instruction given by the Assistant Commissioner (CT), Nungambakkam Assessment Circle, Chennai, dated 18.08.2008. 2. The petitioner has filed the writ petition challenging the impugned notice dated 24.01.2005 issued by the second respondent, in and by which, the petitioner was informed that there is arrears of sales tax pertaining to M/s.Interactive Learning Solution (P) Limited for the assessment year 1999-2000 under th...
Silambarasi Vs. State by The Inspector of Police, Tittacheri
Court: Chennai
Decided on: Jul-15-2016
(Prayer: Appeal filed u/s.374 Cr.P.C., against the Judgment of conviction and sentence passed by the learned District and Sessions Judge, Nagapattinam, made in S.C.No.1 of 2014 dated 07.01.2015.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.1 of 2014 on the file of the learned District and Sessions Judge, Nagapattinam. She stood charged for offences under Sections 302 and 201 of IPC. By judgment dated 07.01.2015, the trial court convicted her under Section 302 of IPC and sentenced her to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for one year. The trial court, however, acquitted her from the charge under Section 201 of IPC. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal. 2. The case of the prosecution in brief is as follows: (a) The deceased in this case was one Tamilvanan. The accused is his wife. They have got two children born out of the sai...
R. Sreedharan Vs. The Managing Director, Tamil Nadu State Transport Co ...
Court: Chennai Madurai
Decided on: Jul-15-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to settle payment of a. Gratuity amount Rs.3,44,744/- b.Earned Leave c.Medical Leave d.Provident Fund Rs.3,85,791/- e.Employees Retirement Benefit Scheme (ERBS) f.Institute of Road and Transport Technology (IRTT) Fund g.Settlement benefits and other retiral benefits payable to the petitioner with reasonable rate of interest.) 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 ...
K.R. Ramammal Vs. The Tahsildar, Virudhunagar District and Another
Court: Chennai Madurai
Decided on: Jul-15-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents herein to make necessary entries in the revenue records and in town survey register by entering the petitioner name in the A-Register and 10(1) Adangal for the property comprised in S.No. 513/3B, 514/2A in Pudupalayam Village of Rajapalayam Town and to issue A-Register and 10(1) Adangal Extract to the petitioner herein within a stipulated period.) 1. Heard both sides. 2. According to the petitioner, the property comprised in Sy.No.513/3 and 514/2A of Pudupalayam Village, Rajapalayam Taluk, Virudhunagar District, belonged to her husband Ramakrishnama Raja and in fact, her husband got the said property by means of family partition. During his life time, he was in exclusive possession and enjoyment over the same. Because of his old age and with a view to give some property to her, for her livelihood, her husband executed a registered Will in her favour on ...
Saravana Pandian Vs. The Government of Tamilnadu, Rep. by its Principa ...
Court: Chennai Madurai
Decided on: Jul-15-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 2nd respondent in Nada.Na.Ka.No.8078/2015/L5, dated 12.05.2016, quash the same.) 1. The Petitioner has preferred the instant writ petition praying for passing of an order by this Court in calling for the records relating to the impugned order passed by the Second Respondent, dated 12.05.2016 and to quash the same. 2. The Learned Counsel for the Petitioner submits that the impugned order, dated 12.05.2016 passed by the Second Respondent/Commissioner, Hindu Religious and Charitable Endowments Department, is in violation of the Principles of Natural Justice. 3. The Learned Counsel for the Petitioner urges before this Court that the Second Respondent failed to appreciate that although the Trustees are under suspension, they are entitled to notice before an appointment of 'Executive Officer', as the same would...
Mariyappan Vs. The Sub Inspector of Police, Srivilliputtur Town Police ...
Court: Chennai Madurai
Decided on: Jul-15-2016
(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to set aside the order passed by the Judicial Magistrate Court No.II, Srivilliputtur in Crl.M.P.No.1503 of 2016 on 01.04.2016 and allow this Criminal Revision Petition.) 1. Mariappan, who is the defacto complainant in Crime No.90 of 2016, registered by Srivilliputtur Town Police, aggrieved by the dismissal of his return of property petition filed in Crl.M.P.No.1503 of 2016, has directed this revision. 2. In February 2016, Mariappan sustained injuries in a road accident. He was taking treatment in the Government Headquarters Hospital, Srivilliputtur. While he was in the hospital, on 01.02.2016, his ATM card was missing on 12.02.2016. He complained to Srivilliputhur Town Police. This case was registered. In the course of investigation, respondents 2 and 3 / A1 and A2, were arrested. 3. Based on the confessional statement of A1, the following properties were seized by the police:- 1. Gold chain weighing 8.200...
C. Theerthagiri Vs. Anna University, Rep by its Registrar, Anna Univer ...
Court: Chennai
Decided on: Jul-15-2016
(Prayer: The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, appointing any independent authority to enquire into the process of selection of tenders for the first respondent during the entire tenure of the third respondent to find out all / any irregularities committed by him and to recommend suitable action to be initiated to against the 3rd respondent and all other officials involved and colluded in such irregularities.) 1. Heard. This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, appointing any independent authority to enquire into the process of selection of tenders, for the first respondent, during the entire tenure of the third respondent, to find out the irregularities committed by him and to recommend suitable action to be initiated against the 3rd respondent and all other officials involved and colluded in such irregularities. 2. It has been stated that the p...
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