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Chennai Court August 2016 Judgments

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Aug 10 2016

V. Sivagnanam Vs. State of Tamil Nadu Rep.by Secretary to Government, ...

Court: Chennai

Decided on: Aug-10-2016

(Prayer: This Writ petition has been filed under Article 226 of the Constitution of India for a writ of Mandamus directing the respondents 2 and 3 conduct impartial and independent investigation, on petitioner's representation dated 22.03.2016, prosecute the respondents 7 to 11 criminally, respondents 5 and 6 departmentally, consequently directing the 1st respondent to pay compensation of Rs.5,00,000/- to the petitioner for the atrocities committed by its employees against the petitioner.) 1. This Writ Petition has been filed for a writ of Mandamus directing the respondents 2 and 3 conduct impartial and independent investigation, on petitioner's representation dated 22.03.2016, prosecute the respondents 7 to 11 criminally, respondents 5 and 6 departmentally, consequently directing the 1st respondent to pay compensation of Rs.5,00,000/- to the petitioner for the atrocities committed by its employees against the petitioner. 2. Heard the learned counsel appearing for the petitioner and th...


Aug 10 2016

G. Ponram Petitioner Vs. Karpagam @ Santhakumari and Another

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the complaint made in C.C. No.2165 of 2013 on the file of the V Metropolitan Magistrate Court, Egmore at Allikulam, Chennai 600 003 and quash the same.) 1. This Criminal Original Petition is filed to call for the records pertaining to the complaint made in C.C. No.2165 of 2013 on the file of the V Metropolitan Magistrate Court, Egmore at Allikulam, Chennai 600 003 and quash the same. 2. For the sake of convenience, the parties will be referred to by their name. 3. Karpagam got married to Ponram on 02.02.2006 and they have one child Savitha through the wedlock. The couple got estranged, pursuant to which, Ponram filed a petition for divorce in F.C.O.P. No.1506 of 2008 before the Principal Family Court, Chennai, against Karpagam. Karpagam filed C.C. No.2165 of 2013 before the V Metropolitan Magistrate Court, Egmore, Chennai, under Section 125 Cr.P.C. against...


Aug 10 2016

S. Velrajan Vs. The Joint Registrar of Co-op Society, and Others

Court: Chennai Madurai

Decided on: Aug-10-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF CERTIORARIFIED MANDAMUS to call for the records relating to the impugned proceedings of the third respondent bearing number nil. Dated 18.09.2013 and also dated 18.12.2013 and quash the same and consequently, direct the respondents to allow the petitioner to continue his service and pass consequential or other order as this Court may deem fit and proper.) 1. This writ petition is listed today under the caption for withdrawal on the basis of letter of requisition given by the learned counsel appearing for the petitioner to the Registry. 2. Recording the same, the Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition arealso dismissed....


Aug 10 2016

P. Sakunthala and Others Vs. N.A. Rajendran

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Appeal suit filed under Section 96 of C.P.C. against the judgment and decree dated 28.1.2012, passed by the Additional District Judge, Fast Track Court No.II, Coimbatore, in O.S.No.553 of 2008.) A. Selvam, J. This Appeal Suit has been directed against the judgment and decree dated 28.1.2012, passed in O.S.No.553 of 2008, by the Additional District/Fast Track Court, No.II, Coimbatore. 2. The respondent herein, as plaintiff, has instituted O.S.No.553 of 2008, on the file of the trial Court, praying to cancel the sale deed dated 20.02.2006, executed by the first defendant in favour of defendants 2 and 3 and for directing the first defendant to execute a Sale Deed in favour of the plaintiff, in pursuance of sale agreement, dated 20.08.2000 and alternatively to grant a money decree against the first defendant for a sum of Rs.11,40,000/- and also for passing permanent injunction against defendants 2 and 3 from making encumbrance in respect of the suit property. 3. In the plaint it i...


Aug 10 2016

M. Pathimuthu Hajara, Headmaster, Kazanatul Uloom Primary School, Tiru ...

Court: Chennai Madurai

Decided on: Aug-10-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF CERTIORARI to call for the records relating to the impugned order of suspension dated 29.07.2016 issued by the fourth respondent herein and quash the same.) 1. Learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is also dismissed....


Aug 10 2016

M. Sumathi Vs. The District Collector and Others

Court: Chennai Madurai

Decided on: Aug-10-2016

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to consider the Petitioner's representation dated 20.7.2016 pending in his office, for sanction of fees of Rs.1,05,000/- for the first year 2015-2016 and further to direct the third respondent to sanction the prescribed fees as per the fourth respondent's order dated 4.12.2015 for the second, third and fourth year accordingly for completing the 4 year B.Sc Nursing Course.) 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 No.1 to 4. 4. According to the Petitioner, she had joined the B.Sc Nursing Course in Chithirai College of Nursing at No.36-E, Kuruvikaran Salai, Madurai ? 625 009 in the academic year 2015-2016, for four years B.Sc Nursing Course. Her parents are agricultural daily wage labourers living below the povert...


Aug 10 2016

L. Kumar Vs. State Bank of Mysore, rep.by its Managing Director and Ot ...

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the order of the 3rd respondent in DPD/1019 dated 09-07-2003; the order of the 2nd in DPD 971/C/1121 dated 18-08-2004; the order of the first respondent in DPD/C.1121/2034 dated 09-02-2005 and the subsequent orders of the 2nd respondent in DPD/C.1121 dated 22- 04-2005 and DPD/C.1121 dated 16-07-2007, quash the same and consequently directing the respondents to fix the pay of the petitioner herein at Rs.15,000/- as basic pay with effect from 09.07.2003 and further directing payment of arrears of pay and other allowances with effect from the said date.) 1. This writ petition has been filed to quash the order of the third respondent in DPD/1019 dated 09-07-2003, the order of the second respondent in DPD 971/C/1121 dated 18-08-2004, the order of the first respondent in DPD/C.1121/2034 dated 09-02-2005 and the subsequent orders of the second responden...


Aug 10 2016

Sappida Vaanga Restaurant Services (P) Ltd., Vs. Chennai Petroleum Cor ...

Court: Chennai

Decided on: Aug-10-2016

(Prayer: This Appeal is preferred under Order XXXVI Rule 11 of O.S.Rules r/w Clause 15 of the Letters Patent Act against the order of this Court dated 12.2.2010 in O.P.No.186 of 2007.) A. Selvam, J. 1. This Original Side Appeal has been directed against the order dated 12.2.2010 passed in Original Petition No.186 of 2007 by the learned Single Judge of this Court. 2. The first respondent herein, as petitioner, has filed Original Petition No.186 of 2007 on the file of this Court under section 34 of the Arbitration and Conciliation Act, 1996 praying to set aside the award dated 6.1.2007 passed by the second respondent herein. 3. It is averred in the petition that the first respondent and petitioner have entered into an agreement dated 20.3.2003. The first respondent has agreed to supply food items to an average of 1500 persons per day. The price would be fixed on the basis of items supplied. Further it is agreed that the first respondent is not entitled to get anything towards escalation ...


Aug 10 2016

Chinnappan Vs. The Director of School Education and Others

Court: Chennai Madurai

Decided on: Aug-10-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.72/A3/2013 dated 5.2.2013 on the file of the respondent no.3 and quash the same is illegal and consequently for a direction directing the respondent no. 2 and 3 to approve the petitioner's appointment in the 4th respondent School dated 03.10.2012 and to disburse the salary along with all arrears monetary benefits to the petitioner.) 1. Since the issue involved in all the Writ Petitions are one and the same, these matters are taken up together and disposed of, by this common order. 2. When these matters are taken up for hearing, all the parties fairly submitted that although the issue involved in all these Writ Petitions was already decided by the Apex Court, the main issue is still pending. By saying so, Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the official res...


Aug 10 2016

Baskaran and Others Vs. State Rep. By The Inspector of Police, Ammapet ...

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. challenging the conviction and sentence imposed on the appellants by the learned I Additional Sessions Judge, Salem, in S.C.No.212 of 2008 dated 25.01.2016.) S. Nagamuthu, J. 1. The appellants are A1 to A3 in S.C.No.212 of 2008 on the file of the learned I Additional Sessions Judge, Salem. There was yet another accused by name Annadurai S/o.Arumugham. The trial court framed three charges against the accused. The first charge was against A1-Baskaran under Section 302 of IPC; the second charge was against A1-Baskaran, A2-Ravi @ Ravichandran and Annadurai for offence under Section 201 r/w 302 of IPC; and the third charge was against A1-Baskaran, A2-Ravi @ Ravichandran, A3-Dhanalakshmi and Annadurai for offence under Section 404 r/w 302 of IPC. Mr.Annadurai, died during the pendency of the trial and thus, the charges against him stood abated. These appellants/A1 to A3 alone faced the trial. The trial court, by judgement dated 2...


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