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Chennai Court August 2016 Judgments

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Aug 23 2016

Petitioner Vs. Respondent

Court: Chennai

Decided on: Aug-23-2016

1. O.A. Nos. 418 and 419 of 2016 have been filed by the plaintiff seeking ad-interim injunction and mandatory ad-interim direction. Upon hearing the parties, this Court, on 28.06.2016, has passed the following order: 6. Considering the same, Original Application No.419 of 2016 stands ordered by directing respondents 1 and 3/defendants 1 and 3 to furnish the details including the IP address, identity and description of the second respondent/ second defendant as available with them, to the applicant/plaintiff, within a period of ten days from the date of receipt of a copy of this order. 7. In so far as the other applications are concerned, the Indian domain has been closed, meaning thereby, the alleged defamatory video cannot be accessed any where from India, however, the other issue namely the availability of the said domain outside the country exhibiting the very same alleged defamatory video, will be considered after the impleadment of the second respondent/second defendant with the c...


Aug 23 2016

The Administrator, MKN Madarsha Trusts Vs. The Director of Collegiate ...

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: in W.P(MD)No.4227 of 2015 : Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF MANDAMUS directing the respondents to approve the appointment of Dr. J. Moohammed Ali as Assistant Professor (Commerce) in Khadir Mohideen College, Adirampattinam, Thanjavur with effect from 24.07.2012 with all consequential monetary and other service benefits. Prayer in W.P(MD)No.4230 of 2015 : Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF MANDAMUS directing the respondents to approve the appointment of Dr. J.Sugumaran as Assistant Professor ((Zoology) in Khadir Mohideen College, Adirampattinam, Thanjavur with effect from 12.8.2012 with all consequential monetary and other service benefits.) Common Order 1. Learned counsel appearing for the petitioner seeks permission of this Court to not press these writ petitions and he has also made an endorsement to that effect. 2. In view of the endorsement made by...


Aug 23 2016

Branch Manager, Reliance General Insurance Company Ltd., Salem Vs. V. ...

Court: Chennai

Decided on: Aug-23-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the award and decree dated 21-01-2016 made in M.C.O.P.No.165 of 2012 on the file of the Motor Accidents Claims Tribunal, Sub Court, Attur.) A. Selvam, J. 1. This civil miscellaneous appeal has been directed against the award dated 21-01-2016 made in M.C.O.P.No.165 of 2012 on the file of the Motor Accidents Claims Tribunal, Sub Court, Attur. 2. The respondents 1 to 4 herein as petitioners has filed M.C.O.P.No.165 of 2012 on the file of the Motor Accidents Claims Tribunal praying to pass an award in respect of the amount mentioned therein wherein the present appellant and the fifth respondent have been shown as respondents. 3. It is averred in the petition that the deceased by name Senthil Kumar is the husband of the first petitioner, father of the petitioner Nos.2 and 3 and son of the fourth petitioner. 4. On 26-09-2011, at about 11:00 p.m., this deceased has driven his motor-cycle bearing Regi...


Aug 23 2016

V. Natarajan Vs. The Managing Director, Tamilnadu State Transport Corp ...

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner representation dated 07.06.2016 to disburse his monetary benefits which are due to the petitioner after retirement within the time as stipulated by this Court.) 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 Division Bench. 3. For ready reference, the judgment, dated 12.06.2015, passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2...


Aug 23 2016

M/s. Elora Restaurant Vs. The Additional Director General of Police an ...

Court: Chennai

Decided on: Aug-23-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 06.05.2014, passed in Rc.No.E3(1)/918/175858/2013 on the file of the 1st respondent herein to renew the Public Resort License to the petitioner for conducting Indian Cultural Dances at M/s.Ellora Restaurant, No.25, Wallers Road, Chindaripet, Chennai 600 002.) 1. The petitioner would state that his father viz., late Seetharam Uduppa, after obtaining Public Resort License from the first respondent, was conducting Indian cultural dances and after his demise, it was renewed in his favour, vide proceedings of the first respondent dated 11.01.2012 in R.C.No.E.3(1)/1044/136699/2011 subject to 19 conditions. The grievance expressed by the petitioner is that after the expiry of the license on 31.12.2013, he submitted an application for renewal of license and the first respondent has issued a show ca...


Aug 23 2016

P. Palaniappan Vs. The Inspector of Police, E.O.W.II, Karur

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Special Judge Under TNPID Act Cases, Madurai to split up the case against A18, namely, M.Gokulan, S/o.Murugaian in C.C.No.83 of 2008 on the file of the learned Special Judge under TNPID Act Cases, Madurai in Crime No.1 of 2007 on the file of the respondent police and to complete the trial.) 1. This petition has been filed, seeking to direct the learned Special Judge under TNPID Act Cases, Madurai to split up the case against A18, namely, M.Gokulan, S/o.Murugaian in C.C.No.83 of 2008 on the file of the learned Special Judge under TNPID Act Cases, Madurai in Crime No.1 of 2007 on the file of the respondent police and to complete the trial. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 3. It is contended by the learned counsel for the petitioner that speedy trial is the fundamental right of the accused and therefor...


Aug 23 2016

Pertitioner Vs. Respondents

Court: Chennai Madurai

Decided on: Aug-23-2016

1. A1 in C.C.No.23 of 2012, on the file of the learned II Additional District Judge for C.B.I.Cases, Madurai, while challenging his conviction and sentence, seeks appeal bail under Section 389 (1) Cr.P.C. 2. After trial, A1 has been convicted and sentenced as under: ConvictionSentence120-B r/w 409, 420, 467, 468 r/w 471, 477-A I.P.C. and 13(2) r/w 13(1)(c) and (d) of P.C.Act, 198810 Years R.I. + Fine Rs.5,000/-, i/d 3 Months S.I.409 I.P.C.10 Years R.I. + Fine Rs.5,000/-, i/d 3 Months S.I.420 I.P.C.7 Years R.I. + Fine Rs.5,000/-, i/d 3 Months S.I.467 I.P.C.10 Years R.I. + Fine Rs.5,000/-, i/d 3 Months S.I.468 r/w 471 I.P.C.7 Years R.I. + Fine Rs.5,000/-, i/d 3 Months S.I.477-A I.P.C.7 Years R.I. + Fine Rs.5,000/-, i/d 3 Months S.I.13(2) r/w 13(1)(c) and (d) of P.C.Act, 19883 Years R.I. + Fine Rs.5,000/-, i/d 3 Months S.I.3. All the sentences were directed to run concurrently. Fine amounts were paid. Since the date of imposition of sentence, namely, 17.05.2016 he is in Central Prison, Ma...


Aug 23 2016

P. Justus Thomas Vs. The District Collector, Kanyakumari District, and ...

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamusdirecting the 1st respondent to consider the petitioner's representation dated 02.03.2011 for giving permission and recognition to the petitioner's Christian prayer activities in the Shalom Good News Mission Church Building at 51-Q,Church Street,Shalom Nagar,Kattayanvilai,Vettoornimadam Post,Nagercoilsituated in Re-resurvey No.A-1/23-14 of Vadaseri Village (Kaliyankadu)Agasteeswaram Taluk,Kanyakumari District.) 1. The petitioner submitted a representation to the first respondent to permit him to undertake Christian prayer in a Church. Since no follow up action was taken by the respondents, the petitioner has come up with this Writ Petition. 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing on behalf of the respondents 1 to 3 and Mrs.Srimathy, learned Standing Counsel for the fourth respondent. 3. The first respondent is...


Aug 23 2016

M/s Aruna Alloy Steels Pvt., Ltd. Vs. Ragavan

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: in Cont P(MD)No.1012 of 2016 :Petition filed under Section 11 of the Contempts of Court Act, to punish the respondent for the deliberate and willful disobedience of the order passed by this Court in W.P(MD)No.10042 of 2016 dated 07.06.2016. Prayer: in Cont P(MD)No.1013 of 2016 :Petition filed under Section 11 of the Contempts of Court Act, to punish the respondent for the deliberate and willful disobedience of the order passed by this Court in W.P(MD)No.9823 of 2016 dated 03.06.2016. Prayer: in Cont P(MD)No.1014 of 2016 :Petition filed under Section 11 of the Contempts of Court Act, to punish the respondent for the deliberate and willful disobedience of the order passed by this Court in W.P(MD)No.10348 of 2016 dated 13.06.2016.) Common Order: 1. It is represented by both sides that the order made in W.P(MD)No.10042 of 2016, dated 07.06.2016, W.P(MD)No.9823 of 2016, dated 03.06.2016, and W.P(MD)No.10348 of 2016, dated 13.06.2016, have been complied with. 2. Recording the above-...


Aug 23 2016

D. Manickam Vs. The Commissioner of Police, Tirunelveli and Others

Court: Chennai Madurai

Decided on: Aug-23-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the first respondent to give suitable instruction to the second respondent not to interfere in civil matters pending between the petitioner and the third respondent based on the petitioner complaint dated 16.12.2010.) 1. The petitioner seeks a Writ of Mandamus directing the Commissioner of Police, Tirunelveli District, to give instructions to the Inspector of Police, Town Police Station, Tirunelveli, not to interfere with the the civil suit said to be pending between the parties. 2. There is no question of issuing a direction of this nature. There is nothing on record to show that the official respondents have interfered in a civil dispute. In case, the petitioner has got a justifiable claim, it is always open to him to approach the civil Court for appropriate relief. 3. The Writ Petition is dismissed. No costs....


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