Chennai Court July 2016 Judgments
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R. Kavitha Vs. The District Collector, Madurai District and Others
Court: Chennai Madurai
Decided on: Jul-14-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 and 2 to instruct 3rd respondent to survey and fix stones at the boundaries of the petitioner's property in Survey No.155/1B1A, Manoothu Village, Usilampatti Taluk, Madurai District by considering the 3rd respondent's notices in Athumal, FL 146/2016 dated 27.06.2016.) 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 1 to 3. 4. According to the petitioner, one late Bommaiah Gounder was the original owner of the property and that he had three sons namely Rasu, Bommaiah @ Ponnaiah and Nagaraj and out of 57 cents of land, each of them were entitled to 19 cents. One of his sons Bommaiah @ Ponnaiah inherited the property in question from the late Bommaiah Gounder to an extent of 19 cents of land in Sy.No.155/1B1A, Manoothu Village, Usilampatti Taluk, Madurai...
State Represented by: The Public Prosecutor Vs. J. Doraiswamy and Anot ...
Court: Chennai
Decided on: Jul-14-2016
(Prayer: Criminal Revision Case No.825 of 2015 filed under Sections 397 and 401 Cr.P.C. against the order dated 29.06.2015 passed in Crl.M.P.No.113 of 2015 in Special Case No.4 of 2014 on the file of the Special Judge and Chief Judicial Magistrate, Tiruvannamalai.) Common Order: 1. These Criminal Revision Cases have been filed by the State against the order dated 29.06.2015 passed in Crl.M.P.No.113 of 2015 and Crl.M.P.No.648 of 2014 in Special Case No.4 of 2014 on the file of the Special Judge and Chief Judicial Magistrate, Tiruvannamalai, discharging the respondents herein (A1 and A2) from the alleged offences under Section 7 of the Prevention of Corruption Act read with 34 IPC and under Sections 13(1)(d) and 11 of the Prevention of Corruption Act. Since the issue involved in these revision petitions is common, they are disposed of by this common order. The respondent in Crl.R.C.No.825 of 2015 is A1 and the respondent in Crl.R.C.No.826 of 2015 is A2. For the sake of convenience, the r...
Paramasivan Karayalar(died) and Others Vs. Isakki Thevar and Others
Court: Chennai
Decided on: Jul-14-2016
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree dated 25th September 1989 made in A.S.No.95 of 1984, on the file of the Court of the Subordinate Judge, Tenkasi, preferred against the Judgment and Decree dated 30th June 1984 made in O.S.No.145 of 1981 on the file of the Court of the District Munsif of Senkottai. Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree dated 25th September 1989 made in A.S.No.101 of 1984, on the file of the Court of the Subordinate Judge, Tenkasi, preferred against the Judgment and Decree dated 30th June 1984 made in O.S.No.144 of 1981 on the file of the Court of the District Munsif of Senkottai.) Common Judgment 1. The Second Appeal in S.A.No.1444 of 1993 has been filed challenging the Judgment and Decree dated 25th September 1989 made in A.S.No.95 of 1984, on the file of the Court of the Subordinate Judge, Tenkasi, preferred against the J...
B. Saravanan Vs. The Director of Collegiate Education, Chennai and Oth ...
Court: Chennai
Decided on: Jul-14-2016
(Prayer in W.P.No. 22408 of 2016:Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the 1st respondent to approve the petitioner's appointment as Junior Assistant in the 3rd respondent Saraswathi Narayanan College, Madurai, in the sanctioned vacancy caused by the retirement of V.Namasivayam w.e.f. 23.04.2015 in the light of approval given to similarly placed persons like P.Ravichandran in order passed in W.A.No.2318 of 2011, dated 11.10.2013, Non-Teaching Staffs Mr.M.Stephen and Mr.Cithirairaj Gnanadhasan vide Na.Ka.No.59741/F2/2014, dated 13.01.2015, with all monetary benefits, based on the order of this High Court as well as the Hon'ble Supreme Court in W.P.No.23712 of 2008, dated 26.09.2008; W.A.No.99 of 2009, dated 24.04.2009; and S.L.P.No.27331 of 2013, dated 04.10.2013, with monetary benefits, seniority in service and other attendant benefits w.e.f. 23.04.2015, based on the representation given by the petitioner dated 23.0...
R. Velammal Vs. The District Collector, Tirunelveli District and Other ...
Court: Chennai Madurai
Decided on: Jul-14-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents to grant Free Site Pattas to the beneficiaries beyond 300 meters from the quarry as well as Crusher of the Petitioner, which is situated in Survey Nos. 473, 474 and 471 of Vagaikulam Village, Tirunelveli District.) 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 1 to 4. 4. According to the petitioner, she is the owner of the property in Sy.No.471/1A admeasuring 2.43 hectares, since the said property comprised of small hillocks. Inasmuch as the property is her patta land, she has proposed to have quarrying operation in the said property. In order to carry out the quarrying operation, she made an application before the authorities concerned and submitted an application in proper format in the year 2001. The authorities concerned, after considering her app...
Amsaraj Vs. State Rep. by Inspector of Police, All Women Police Statio ...
Court: Chennai
Decided on: Jul-14-2016
(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. against the judgment dated 27.05.2009 in S.C.No.40 of 2008 on the file of the Sessions Court / Mahila Court, Salem.) 1. This Criminal Appeal has been filed against the judgment dated 27.05.2009 in S.C.No.40 of 2008 on the file of the Sessions Court / Mahila Court, Salem. By the said judgment, the appellant/accused was convicted for the offence under Section 417 IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo three months rigorous imprisonment; he was also convicted for the offence under Section 506 (Part-2) IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo three months rigorous imprisonment. The sentences imposed on the appellant/accused were directed to run consecutively. The appellant/accused was acquitted of the charge under Section 376 IPC. 2. The case of the prosecution is briefly stated...
K. Natarajan Vs. State through The Inspector of Police, Madurai City
Court: Chennai Madurai
Decided on: Jul-14-2016
(Prayer: This petition is filed under Section 482 Cr.P.C to direct respondent to register the petitioner's complaint as an F.I.R., on the basis of the direction given by the Addl.Mahila Court (Magistrate Level), Madurai, Madurai District, vide it's order, dated 02.06.2016 in Crl.M.P.No.1696 of 2016, within the time stipulation.) 1. Petitioner came forward under Section 482 Cr.P.C., for a direction to the respondent, namely, the Inspector of Police, S.S.Colony Police Station, Madurai City, to take further action in pursuance of the orders of the learned Judicial Magistrate, Additional Mahila Court, Madurai, passed in Cr.M.P.No.1696 of 2016, under Section 156(3) Cr.P.C. 2. According to the learned counsel for the petitioner, no action as per law in pursuance of the orders passed by the learned Judicial Magistrate, under Section 156(3) Cr.P.C., has been taken by the Inspector of Police, S.S.Colony Police Station, Madurai. 3. The learned Government Advocate (Criminal Side) submits that the...
Chinnathambi and Another Vs. The State, Represented by The Deputy Supe ...
Court: Chennai
Decided on: Jul-14-2016
(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C., against the judgment of conviction and sentence passed by the Sessions Court, Tiruvannamalai, dated 08.10.2015 in S.C.No147 of 2011.) 1. This Criminal Appeal is filed by the appellants/A-1 and A-2 against the judgment dated 08.10.2015 in S.C.No.147 of 2011 on the file of the Sessions Court, Tiruvannamalai, convicting the appellants/A-1 and A-2 for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (old Act of 1989) and sentencing each of them to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/- each, in default, to undergo simple imprisonment for one month, each. They were acquitted of the charges framed under Section 3(1)(xi) of the said Act and Section 506 (Part-2) IPC. 2. The gist of the prosecution case is that P.W.1 Poongavanam who belongs to a Scheduled Caste community, is a resident of Thokkavadi Village, Thukkapettai Post, Chengam Talu...
K. Shanmugam @ Shanmuganathan Vs. The Commissioner, Agricultural Marke ...
Court: Chennai Madurai
Decided on: Jul-14-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consider the Petitioner's representation dated 17.6.2016 regarding the registration of flower shop No.L.243, and also to direct the second respondent to register the flower shop No.L.243 having an extent of 300 sq.ft situated in Madurai Mattuthavani Paddy Building Complex in the Petitioner's name K.Shanmugam.) 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. The grievance of the Petitioner is that his representation, dated 17.06.2016 addressed to the Second Respondent/The Secretary, Madurai Mattuthavani Agricultural Sales Committee, Madurai is to be considered by the Second Respondent, within a reasonable time to be fixed by this Court. Also, he has prayed for passing of an order by this Court to direct the Second...
Amitav Mukherji Vs. M/s. Lakshana Holdings Pvt. Limited and Another
Court: Chennai
Decided on: Jul-13-2016
(Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 CPC praying for a judgment and decree against the defendant for the following: a) Directing the defendant to execute the sale deed in respect of the suit property in favour of the plaintiff in pursuance of the Agreement of Sale dated 05.02.2001 on receipt of balance of sale consideration and also to produce the necessary clearance from the appropriate authority and failing which direct the officer of this Court to execute the sale deed in favour of the plaintiff on behalf of the defendant (or) in the alternative direct the defendant herein to pay the plaintiff Rs.24,85,000/- as refund of advance together with interest at 24% per annum from 05.02.2001, the date of agreement of sale till date of decree and thereafter at the same rate till the date of realisation. b) Permanent injunction restraining the defendant, its agents, servants or anybody claiming through it from in any manner dealing ...
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