Chennai Court August 2016 Judgments
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Palanichamy Vs. The Commissioner, Hindu Religious and Charitable Endow ...
Court: Chennai Madurai
Decided on: Aug-22-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for records of the impugned notice, dated 29.08.2016 in Na.Ka.No.1795/2014-1/A3, issued by the 2nd Respondent, which was pasted in the Petitioner's house and to quash the same as illegal, arbitrary.) 1. Heard both sides. 2. According to the Petitioner, their father had constructed a house in Door No.41, Mariamman Koil Street, Cumbum and they were residing there from time immemorial, for the past 61 years. Their father had also availed water tap connection to the house and the same stands in their father's name till date. They along with his brothers lived jointly in the aforesaid house, till the demise of their father. After that, the Petitioner along with his brother Kandasamy's family are residing in the aforesaid house. 3. The stand of the Petitioner is that his brother Kandasamy's son got appointed in a private Firm in Chennai and by last week of Ju...
A. Dhamodharan Vs. C. Govindarajulu and Another
Court: Chennai
Decided on: Aug-22-2016
(Prayer: Petition under Section 34 of the Arbitration and Conciliation Act, 1996 against the award dated 29.04.2016.) 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (in short '1996 Act'), whereby, challenge is laid to the award dated 29.04.2016 passed by a sole Arbitrator. 1.1. The Arbitrator is a former Judge of this Court, who was appointed as an Arbitrator on 28.01.2016 by the Joint Secretary to the Government of India and the Central Registrar of Cooperative Societies, in exercise of his powers under Section 84(4) of the Multi State Cooperative Societies Act, 2002 (in short '2002 Act'). 1.2. The remit of the Arbitrator was to adjudicate upon the disputes pertaining to the post of chairperson obtaining in the Simpson and Group Companies Employees Societies Limited (in short 'Society'). 1.3. The petitioner before this Court was also the original claimant before the learned Arbitrator. The petitioner had thus, in the context of the reference...
Kalammal Vs. The Tahsildar,Tahsildar Office, Thirumangalam Taluk, Madu ...
Court: Chennai Madurai
Decided on: Aug-22-2016
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to survey and fixed the boundary stones of petitioner's land in survey No.317/61 with an extent of 2.92% cents situated at Sivarakottai Village, Thirumangalam Taluk, Madurai District, by considering the Petitioner's representation, dated 10.08.2016, within a time frame stipulated by this 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. 4. According to the Petitioner, he made an application for survey of his land before the Respondent's Office and paid necessary survey fee. He had produced all documents before the Respondent / Tahsildar, Thirumangalam Taluk, Madurai District. Once again, he made an application before the District Revenue Officer, Madurai, on 23.06.2016. The District Revenue Officer, Madurai, had directed the Petition...
Ganapathi and Others Vs. State of Tamil Nadu, Rep. by its Inspector of ...
Court: Chennai Madurai
Decided on: Aug-22-2016
(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records relating to Crime No.92 of 2016 pending investigation on the file of the 1st respondent police and to quash the same.) 1. Section 482 Cr.P.C., saves inherent power of the Court. Such inherent power can be exercised either to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. Invoking such inherent power, this petition has been filed to quash the proceedings on the ground that the continuance would amount to abuse of the process of the Court. 2. A case in Crime No.92 of 2016 has been registered under Sections 147, 148, 294(b), 323, 324, 336 and 506(2) IPC by the 1st respondent against the petitioners. 3. The allegations in the complaint is that while conducting Kabadi Sports Meet in connection with a Temple Festival, there was a group clash between the petitioners and the defacto complainant; it is alleged that the petitioners abused the defacto complain...
Vincent Vs. The State represented by The Inspector of Police, Vigilanc ...
Court: Chennai Madurai
Decided on: Aug-22-2016
(Common Prayer: Criminal Original Petitions are filed, under Section 482 Cr.P.C., praying to call for the records pertaining to the order dated 30.05.2016 made in Crl.M.P.No.267 of 2016 in Spl.C.C.No.57 of 2014 on the file of the Special Judge for Cases under Prevention of Corruption Act, Tirunelveli and set aside the same.) 1. As these two petitions are connected on factual matrix and legal issues, they are tagged together, heard together and are being disposed of by this common order. 2. In the Court of Special Judge under Prevention of Corruption Act, Tirunelveli in Spl.C.C.No.57 of 2014, A1/Vincent/petitioner in Crl.O.P.(MD) No.14889 of 2016 and A2/Sikinthar Mohideen/petitioner in Crl.O.P.(MD) No.15234 of 2016 are being prosecuted for offence under Sections 7 and 13(2) r/w 13(1)(D) of the Prevention of Corruption Act, 1988. 3. In this case, charges were framed. Recording of prosecution evidence is going on. So far 9 prosecution witnesses were examined. 4. On 17.02.2016, P.W.5, an A...
K.R. Ramaswamy @ Traffic Ramaswamy Vs. The Chief Election Commissioner ...
Court: Chennai
Decided on: Aug-22-2016
(Prayer: Election Petition filed under Section 80 to 84 and Section 100 of the Representation of People Act, 1951 praying for the following relief: a) To declare the by election held on 27.06.2015 in the RK Nagar Legislative Assembly Constituency No.011 in Chennai District in by election 2015 as improper and illegal; b) To declare the election result announced by the third respondent to the RK Nagar Legislative Assembly Constituency No.011 on 30.06.2015 as null and void and invalid. c) To direct the respondents nos.1 to 3 to pay the cost of the Election Petition.) 1. The Election Petition is filed challenging the order declaring the election result announced by the third respondent to the R.K. Nagar Legislative Assembly Constituency on 30.06.2015, as null and void and the election held on 27.06.2015 is improper and illegal. 2. The petitioner herein had contested the election as an individual candidate against the political party sponsored candidate the fourth respondent. The petition i...
S. Sam Sundar Singh Vs. The Inspector of Police
Court: Chennai Madurai
Decided on: Aug-22-2016
(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to set aside the order passed under Section 173(8) Cr.P.C. in Crime No.129 of 2007, dated 27.07.2010 on the file of the learned Judicial Magistrate, Valliyur.) 1. The accused in Crime No.129 of 2007 on the file of the Inspector of Police, Rathapuram, Tirunelveli District directed this revision as against the order of the learned Judicial Magistrate, Valliyoor, dated 27.07.2010, passed under Section 173(8) Cr.P.C., directing fresh investigation. 2. On 26.08.2007, at about 5 p.m., Kakkum Perumal Nadar, in his land situate in Singara Thope in Rathapuram found an unidentified charred body. On the same day, at about 7 p.m. at the Rathapuram Police Station, he reported this to the Inspector of Police. The Inspector of Police registered a case of suspicious death in Crime No.129 of 2007 under Section 174 Cr.P.C 3. The Inspector commenced his investigation. Collected materials. On 01.10.2009, he altered the Sectio...
Ramakrishnan and Others Vs. R. Jothiram
Court: Chennai Madurai
Decided on: Aug-22-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the private complaint in C.C.No.71 of 2010 on the file of the Judicial Magistrate, Eraniel and quash the same in accordance with law.) B. Gokuldas, J. 1. Learned counsel appearing for the petitioners as well as learned counsel appearing for the respondent are present. The petitioner is not ready. This Criminal Original Petition is pending from 2010 onwards. Hence, this Criminal Original Petition is dismissed for non-prosecution. Consequently, connected miscellaneous petition is also closed....
Natesan Vs. The District Collector, Thanjavur District, and Another
Court: Chennai Madurai
Decided on: Aug-22-2016
(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 consider the Petitioner's representation, dated 16.06.2016, within a stipulated time, as may be fixed by this 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. 4. According to the Petitioner, his mother purchased a property in S.No.143/2 in Plot No.12, measuring an extent of 4800 sq.ft during the year 1984. From the date of purchase, his mother is in peaceful possession and enjoyment of the said property and all the revenue records stands in her name. 5. As a matter fact, his mother died in the year 2007, leaving behind her five sons and three daughters and executed a 'Will' in respect of concerned properties. As per the 'Will', the Petitioner and his younger brother T.Chandramouleeswaran are bequeathed with the aforesaid house-...
The Chairman and Board of Governors, Indian Institute of Technology, C ...
Court: Chennai
Decided on: Aug-22-2016
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court, dated 25.07.2013 made in W.P.No.4256 of 1997.) Common Judgment: P. Kalaiyarasan, J. 1. These writ appeals are directed against the common order passed by the learned single Judge in W.P.Nos.4256 of 1997 and 4257 of 1997 and W.P.No.3249 of 2000 on 25.07.2013. 2. The first respondent herein as petitioner in all the writ petitions filed writ petitions, seeking writ in the nature of certiorari and mandamus (i) regarding non-selection to the post of Associate Professor, pursuant to the advertisement dated 06.01.1995; (ii) regarding non-selection to the post of Professor, pursuant to the advertisement, dated 29.06.1996; and (iii) for disbursement of salary and other emoluments as Associate Professor w.e.f 18.12.1996 against the Indian Institute of Technology and the selectees. The learned single Judge allowed the writ petitions. Aggrieved by the order of the learned single Judge, the Institution ha...
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