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Chennai Court July 2016 Judgments

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Jul 11 2016

Selvarajan Vs. Rengasubathra

Court: Chennai Madurai

Decided on: Jul-11-2016

(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records relating to the order of the II Additional Sessions Judge, Thoothukudi dated 11.02.2016 in C.A.No.38 of 2015, modifying the order passed by the learned Judicial Magistrate No.1, Kovilpatti in M.C.No.2 of 2013 by order dated 01.07.2015 under Protection of Women from Domestic Violence Act and set aside the same.) 1. This is an husband's revision as against his wife. 2. The revision petitioner and the respondent are blessed with a child, but not with a happy married life. The boy is 6 years old. He is a school going boy. Difference of opinion arose between the spouses. They got separated. The boy is with his mother. 3. Claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed M.C.No.2 of 2013 before the learned Judicial Magistrate No.I, Kovilpatti as against her husband and his parents. Evidence ...


Jul 11 2016

B.T.K. Educational Trust, Rep. by its Correspondent B.T. Arasakumar Vs ...

Court: Chennai Madurai

Decided on: Jul-11-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to process the petitioner's Application dated 27.12.2012 for starting Arts and Science College taking into consideration the recommendations of the 2nd and 3rd respondents by their proceedings vide Na.Ka.Aa1/526/2012 dated 24.05.2013, Na.Ka.No.2520/A4/2015 dated 23.4.2015 respectively in light of the petitioner's compliance communication dated 23.09.2015 within a time frame fixed by this Hon'ble Court.) 1. Heard the Learned Government Advocate appearing for the Respondents. 2. No counter is filed on behalf of the Respondents. 3. According to the petitioner/Educational Trust, it wanted to start an Arts and Science College under the name and style of 'Kokila Arts and Science College' at Viralimalai, Pudukkottai District and in this regard, it projected an application dated 27.12.2012, which was duly acknowledged by the second respondent/District Revenu...


Jul 11 2016

K. Dhanam Vs. The District Collector, Madurai District, Madurai and Ot ...

Court: Chennai Madurai

Decided on: Jul-11-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents not to prevent the petitioner from using the pathway situates in adjacent to the petitioner's house comprising in Survey No.121/9 and 119/7, Kottagaimedu Village in the fourth respondent panchayat and consequently direct the first respondent to take appropriate action against the fourth respondent based on the petitioner's representation dated 28.02.2014, within the time limit prescribed by this Court.) 1. The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the respondents not to prevent the petitioner from using the pathway situates in adjacent to the petitioner's house comprising in Survey No.121/9 and 119/7, Kottagaimedu Village in the fourth respondent panchayat and consequently direct the first respondent to take appropriate action against the fourth respondent based on the petitioner's representation dated 28...


Jul 11 2016

The De-notified Tribes Welfare Association, Rep. by its President Dr. ...

Court: Chennai Madurai

Decided on: Jul-11-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to take time bound action on the appeal filed by the Petitioner on 13.7.2015 against the order dated 8.5.2015 of the Second Respondent.) 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 Learned Counsel for the Petitioner, the appeal filed by the Petitioner as President of De-notified Tribes Welfare Association, Madurai addressed to the First Respondent/The Secretary to Government of Tamil Nadu, Department of Backward Classes,Most Backward Classes and De-notified Tribes Welfare, St.George Fort, Chennai 600 006 is pending as on date without any disposal. As a matter of fact, the said appeal is filed against the order of the Commissioner of Most Back-Ward Classes and De-notified Communities Welfare(FA...


Jul 11 2016

K.P. Arumugam Vs. S. Amuthavalli and Others

Court: Chennai

Decided on: Jul-11-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned Principal District Munsif, Bhavani, passed in I.A.No.1133 of 2015 in O.S.No.344 of 2013 on 25.01.2016.) 1. This revision arises against the order of learned Principal District Munsif, Bhavani, passed in I.A.No.1133 of 2015 in O.S.No.344 of 2013 on 25.01.2016. 2. First respondent/plaintiff has filed O.S.No.344 of 2013 on the file of learned Principal District Munsif, Bhavani, seeking a declaration that the settlement deed executed by defendants 1 to 8 in favour of tenth defendant dated 06.05.2013 is null and void and for other consequential reliefs. First respondent/plaintiff has moved I.A.No.1133 of 2015 in O.S.No.344 of 2013 seeking appointment of a Commissioner towards fixing boundary line. The Court below, under the impugned order, has allowed such application. There against, the present revision has been filed. 3. Heard learned counsel for petitioner and learned counse...


Jul 11 2016

V.A. Ramash and Another Vs. The Assistant Commissioner of Customs, Che ...

Court: Chennai

Decided on: Jul-11-2016

(Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari to call for the records of the first and second respondents culminating in the Notice of Attachment bearing Ref.F.No.RRU 53/2012 EPCG, dated 05.10.2015 and quash the aforesaid notice of attachment, dated 05.10.2015, attaching the property bearing Flat No.34121, in DLF Garden City, Semmencherry, Thalambur Village, Chengleput District behind St., Joseph Engineering College, OMR Road, being part of undivided share of land 191.784 sq.ft., with building belonging to the petitioners herein as arbitrary and illegal.) 1. Heard Mr.S.Rahunathan, learned counsel appearing for the petitioner and Mr.K.Mohana Murali, learned Senior Panel counsel appearing for the respondents. 2. The Petitioners have challenged a notice of attachment issued under Rule 9 and 10 of the Customs (Attachment of Property of Defaulters for recovery of Government Dues), Rules, 1995, dated 05.10.2015. The f...


Jul 11 2016

G. Thangadurai Vs. The State of Tamil Nadu, Rep. by its Secretary to G ...

Court: Chennai Madurai

Decided on: Jul-11-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of punishment passed by the first respondent in his proceedings G.O.(2D)No.54, dated 05.03.2009, and quash the same as illegal and consequentially, to direct the respondents to promote the petitioner as Assistant Executive Engineer (A.E.E.) w.e.f. the date on which the petitioner juniors were promoted within the period that may be stipulated by this Court.) 1. The order passed by the first respondent in G.O.(2D)No.54, dated 05 March, 2009, imposing the punishment of stoppage of increment for a period of twelve months without cumulative effect, besides recovery of loss, is under challenge in this Writ Petition. THE FACTS: 2. While the petitioner was working as Assistant Engineer, in the office of the Assistant Executive Engineer, Dindigul, a charge memo was issued to him by the third respondent. ...


Jul 11 2016

Synam Beevi Vs. The Superintendent of Police, Tirunelveli District and ...

Court: Chennai Madurai

Decided on: Jul-11-2016

(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 who is having the petitioner's house key without any lawful means or any direction or order from the Court to return back the key to her or permit her to break open her house situated at in S.No.572/17, New Ward Nos.15.4.18 in Achampudur Village, Senkottai Taluk, Tirunelveli District and pass further orders as this Court may deem fit and proper.) 1. The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the second respondent who is having the petitioner's house key without any lawful means or any direction or order from the Court to return back the key to her or permit her to break open her house situated at in S.No.572/17, New Ward Nos.15.4.18 in Achampudur Village, Senkottai Taluk, Tirunelveli District. 2. It is the case of the petitioner that she was in absolute possession and peaceful enjoyment of the house ...


Jul 11 2016

Benial Gnanadurai Vs. The Sub-Registrar, Tuticorin District and Others

Court: Chennai Madurai

Decided on: Jul-11-2016

(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 receive and register the sale deeds from the petitioner in respect of the lands in Survey No.439 in Vasavappapuram Village, Murappanadu Sub-Registration District belonging to him with the period that may be stipuled by this Court as deem fit and proper.) 1. The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the respondents to receive and register the sale deeds from the petitioner in respect of the lands in Survey No.439 in Vasavappapuram Village, Murappanadu Sub-Registration District belonging to him. 2. The case of the petitioner is that the land measuring to an extent of 2 Acres out of 4 Acres 85 cents, on the eastern portion on the south in Survey No.439 in Vasavappapuram Village, Murappanadu Sub-Registration District belongs to the petitioner by virtue of sale deed, dated 21.02.2000 and that the land meas...


Jul 11 2016

Sankar @ Sankapillai Vs. State Rep. by the Inspector of Police, Vellak ...

Court: Chennai

Decided on: Jul-11-2016

(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. challenging the conviction and sentence imposed on the appellant by the learned III Additional Sessions Judge, Dharapuram, in S.C.No.29 of 2013 dated 05.03.2015.) S. Agamuthu, J. 1. This is a case of triple murder with robbery. The accused is the appellant/sole accused in the case. The trial court [the learned III Additional Sessions Judge, Dharapuram] framed charges under Sections 302 of IPC [Three counts] and 392 of IPC against the accused. By judgement dated 05.03.2015, the trial court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- for each count in default to suffer simple imprisonment for a further period of three months for offence under Section 302 of IPC [Three counts] and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for a further period of three months for offence und...



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