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Chennai Court July 2016 Judgments

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Jul 13 2016

N. Krishnamoorthy Vs. The District Collector, Trichy District and Othe ...

Court: Chennai Madurai

Decided on: Jul-13-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the Fourth Respondent proceedings made in Tender/General Auction Advertisement Notice, Column NO.4 alone, dated Nil and to quash the same.) 1. The Learned Additional Government Pleader appearing for the Respondents informs this Court that the auction originally slated on 12.07.2016, was postponed, because of the pendency of the suit in O.S.No.217 of 2016, on the file of the Learned District Munsif, Lalgudi. 2. As such, this Court opines that nothing survives for adjudication in the present Writ Petition and accordingly, the Writ Petition stands closed. Consequently, connected Miscellaneous Petitions are closed. No costs....


Jul 13 2016

M. Somasundaram and Others Vs. Vetrivel

Court: Chennai

Decided on: Jul-13-2016

(Prayer: Civil Revision Petition filed under section 115 of the Civil Procedure Code to set aside the fair and decreetal order dated 12.09.2015 passed in I.A.No.38 of 2015 in I.A.No.1001 of 2011 in O.S.No.616 of 2009 on the file of District Court, Thiruppur.) 1. Challenging the fair and final order passed in I.A.No.38 of 2015 in I.A.No.1001 of 2011 in O.S.No.616 of 2009 on the file of District Court, Thiruppur, the defendants have filed the above Civil Revision Petition. 2. The plaintiff filed the suit in O.S.No.616 of 2009 for specific performance, permanent injunction and alternatively for refund of advance money. 3. Since the defendants failed to appear before the Trial Court, the Trial Court passed an exparte decree on 22.10.2010. Thereafter, the defendants filed an application in I.A.No.1001 of 2011 in O.S.616 of 2009 under Order 9 Rule 13 of the Civil Procedure Code to set aside the exparte decree. 4. In the affidavit filed in support of the application in I.A.No.1001 of 2011, th...


Jul 13 2016

R. Baktavachalam Vs. Tamilnadu Slum Clearance Board, Represented by it ...

Court: Chennai

Decided on: Jul-13-2016

(Prayer: Petitions filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorari, to call for the records of the 3rd respondent dated 03.06.2010 passed in Ka.No.A5/133/Div-2/Ku.Pa.Ma and quash the same.) 1. The petitioners have assailed the identical impugned notices issued by the Tamilnadu Slum Clearance Board/respondent in respect of S.No.90, Karunanidhi Nagar, Ullagaram, Chennai-600 061, where 500 house sites are alleged to be existing. 2. The issue at hand has a chequered history. There were proceedings even filed earlier for eviction of the unauthorised persons in W.P.No.5625 of 2005, in which directions were passed by the Division Bench on 08.03.2010. In the said writ petition, the Tamil Nadu Slum Clearance Board and the Municipal Corporation authorities of Alandur both were parties. The Court directed that steps should be taken for eviction in accordance with law, pursuant to which the impugned notices are stated to have been issued. 3. The s...


Jul 13 2016

T. Sakthi Vs. The Chairman, Tamilnadu Electricity Board, Chennai and O ...

Court: Chennai

Decided on: Jul-13-2016

(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to provide service connection for the demised premises situated at Old Door No.2, New Door No.2A, Vembuliamman Koil Street [Vembuliamman Koil Cross Street], Chennai 600 061 at petitioner's costs and expenses.) 1. The petitioner contends that she is the owner of the property bearing Old Door No.2, New Door No.2A, Vembuliamman Koil Street, Chennai 600 061, comprised in Grama Natham Survey No.28/1 part, new Survey No.28/7 to an extent of 2064 sq.ft, having obtained the said property by way of settlement deed, dated 19.09.2014 executed by her husband. There are disputes with regard to the title of the property in various proceedings in District Munsif Court, Alandur, between the petitioner and her husband with respondents 3 to 7. 2. There are 7 service connections, out of which, 5 service connections are standing in the name of the petitioner's f...


Jul 13 2016

P. Saravanan Vs. State represented by the Inspector of Police, Kumbako ...

Court: Chennai Madurai

Decided on: Jul-13-2016

(Prayer: Criminal Revision Petition is filed under Sections 397 r/w. 401 of Cr.P.C., to call for the records and set aside the judgment dated 10.07.2012 passed in S.T.C.No.2174 of 2012 on the file of the learned Judicial Magistrate, Kumbakonam, Thanjavur District.) 1. In this Revision Petition, the accused in S.T.C.No.2174 of 2012 on the file of the learned Judicial Magistrate, Kumbakonam, Thanjavur District challenges his conviction and sentence awarded to him. The accused belongs to a place at Kumbakonam in Thanjavur District. It is alleged that on 09.07.2012, at about 6.00 p.m., near the Kumbakonam Government Bus Depot, to the annoyance of public, he scolded in obscene language. R.Sudha, Sub Inspector of Police, Kumbakonam West Post Station brought him to the police station. She gave a complaint. She is the complainant. She herselfinvestigated the case. She had recorded statement under Section 161 ofCr.P.C. Kumar and C.Machendran, who are the then Special Sub-Inspector of Police ...


Jul 13 2016

N. Muruganantham Vs. The District Collector, Theni District and Others

Court: Chennai Madurai

Decided on: Jul-13-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to forbear the Respondents from issuing patta to any third party to the land in Survey No.189, after sub-division T.S.No.1/15, situated at Allinagaram Village, Theni by considering the representation of the Petitioner, dated 21.06.2016.) 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, in-front of his property bearing Survey No.189(later sub-divided into T.S.No.1/15) measuring an extent of 10 cents, which he purchased by means of registered sale deed, dated 10.07.2002. There is a Bye-pass Road connecting Theni with other Districts and the said Bye-pass Road is still in existence and the public are using the same. Further, in order to put up construction in the vacant land, he approached the Third Respondent/The Town Pla...


Jul 13 2016

Katturaja and Others Vs. The District Collector, Thanjavur District an ...

Court: Chennai Madurai

Decided on: Jul-13-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to grant patta for petitioner's house site situated in Natham Puramboku land, Survey No.236/4 an extent of 2 cents situated at Pillayar Koil Street, Mela Maruthuvakkudi, Aduthurai-612 101, Thiruvidaimaruthur Taluk, Thanjavur District, by considering his representation dated 16.10.2015, within the period stipulated by this Honourable 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 1 and 2. 4. According to the petitioner, he is a poor agricultural coolie and is residing in the said address since his childhood. His father came into possession of Natham Poromboke land in Sy.No.236/4, measuring an extent of 2 cents situate at Pillayar Koil Street, Mela Mruthuvakkudi, Aduthurai, Thiruvidaimaruthur Taluk, Thanjavur District 40 years ago and put up ...


Jul 13 2016

Petitioner Vs. Respondent

Court: Chennai Madurai

Decided on: Jul-13-2016

This petition has been filed by the petitioner, who was working as Headmaster in Government Kallar Higher Secondary School at Anaipatti, Nilakkottai Taluk, Dindigul District, and also the accused in Crime No.38 of 2012, to cancel the anticipatory bail granted by this Court to the second respondent, vide order dated 13.12.2012, in Crl.O.P.(MD)No.17660 of 2012 and consequent time extension order, dated 13.10.2015, passed in M.P.(MD)No.2 of 2015 in Crl.O.P.(MD)No.17660 of 2012 and consequently, direct the learned Judicial Magistrate No.I, Dindigul, to cancel the bail granted to the second respondent and direct the first respondent to arrest and remand the second respondent. 2. The second respondent has been charged for the offences punishable under Sections 120(b), 420, 409, 465, 468 and 471 IPC. He filed Crl.O.P.(MD)No.17660 of 2012 for anticipatory bail. This Court, by order dated 13.12.2012 granted anticipatory bail to him. But, he did not execute the surety and comply with conditions ...


Jul 13 2016

M. Senthil Kumar Vs. The Director General of Police, Chennai

Court: Chennai

Decided on: Jul-13-2016

(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 respondent to consider the petitioner's representation dated 6.12.2014 and pass orders and to grant approval and recognition to the Tamil Nadu Police Constabulary Association.) 1. Heard Mr.M.Madhu Prakash, the learned counsel appearing on behalf of the petitioner and Mr.A.L.Somayaji, learned Advocate General, appearing on behalf of Mr.Sanjay Gandhi, learned Additional Government Pleader, appearing on behalf of the respondent. 2. This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus to direct the respondent to consider and pass appropriate orders on the representation of the petitioner, dated 6.12.2014, and to grant approval and recognition to the Tamil Nadu Police Constabulary Association. 3. The petitioner, who is working as a Police Constable Grade-I, attached to B-4, Kottamati Police Station, Mel...


Jul 13 2016

T. Poolammal Vs. M.K. Kuzhanthaivel, District Revenue Officer, Tirunel ...

Court: Chennai Madurai

Decided on: Jul-13-2016

(Prayer:Contempt Petition filed under Section 11 of the Contempt of Courts Act praying this Court to punish the Contemnor/Respondent for wanton and wilful disobedience of the order passed by this Court in W.P(MD)No.10586 of 2015, dated 26.6.2015.) 1. The Learned Counsel for the Petitioner has made an endorsement in the Contempt Petition(MD)No.758 of 2016, to the effect that the order passed by this Court in W.P(MD)No.10586 of 2015, dated 26.06.2015 is complied with and that the Contempt Petition may be closed. 2. Recording the aforesaid fact and the endorsement so made, the Contempt Petition stands closed....


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