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Chennai Court August 2016 Judgments

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Aug 10 2016

Selvam and Another Vs. Karpagam

Court: Chennai Madurai

Decided on: Aug-10-2016

Common Prayer: Criminal Revision Petitions are filed, under Section 397 r/w 401 Cr.P.C., to call for the records relating to the order dated 05.03.2015 made in C.A.Nos.84 of 2012 and 157 of 2013 on the file of the Principal Sessions Judge, Srivilliputtur and set aside the same and consequently direct the Principal Sessions Judge, Srivilliputtur to pass appropriate orders afresh. Common Order: 1. In view of the fact that the parties are spouses and the factual matrix are intermixed, they are heard together and are being disposed of by this common order. 2. In Crl.R.C.(MD) No.540 of 2016, Selvam and Kosalai, who are son and mother respectively seeks to set aside the order of dismissal passed by the learned Principal Sessions Judge, Virudhunagar District at Srivilliputtur in C.A.No.157 of 2013. 3. In Crl.R.C.(MD) No.539 of 2016, the said Selvam seeks to set aside the order of dismissal passed by the said Sessions Judge in C.A.No.84 of 2012. 4. Kosalai's son Selvam married Karpagam accordi...


Aug 10 2016

Kayalpattinam Arumuganeri Higher Secondary School Vs. The Secretary, r ...

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 Certiorari calling for the records relating to the impugned order passed by the Fourth Respondent in which direct payment was ordered by his proceedings in Na.Ka.No.4060/A1/2016, dated 25.7.2016 and to quash the same as illegal.) 1. Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. According to the Petitioner/School, it is a private aided Higher Secondary School and is receiving grant in aid from the State Government. It is governed by the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and the rules made thereunder. A society was formed in the name and style of 'Kayalpattinam Arumuganeri Kalvi Sangam' and the same was registered under the Societies Registration Act, 1860 and its Registration No. is 3/1984 and now automatically comes under the Tamil Nadu Societies Registration Act....


Aug 10 2016

Tejaswinin Thappeta Vs. Union of India, Represented by the Secretary, ...

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to admit the petitioner into the M.B.B.S. Course under OBC category quota course for the academic year 2017-2017.) 1. A perusal of the material placed before this Court would disclose among other things that the petitioner after passing Higher Secondary Examination had applied for admission to M.B.B.S. course for the academic year 2016-2017 conducted by the second respondent and the on-line registration commenced on 07.03.2016 and the registration closed on 04.05.2016. The petitioner had submitted the on-line application through her school, namely Sri Chaitanya Narayana Junior College, Vijayawada and also underwent entrance examination coaching at Sri Chaitanya Narayana Junior College, Vijayawada and the said institution had also processed the entire submission of the application form through on-line on behalf of all its students including...


Aug 10 2016

Panneer Selvam Vs. The State of Tamil Nadu rep.by its Inspector of Pol ...

Court: Chennai Madurai

Decided on: Aug-10-2016

(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records relating to order passed by Judicial Magistrate, Sivakasi, in Cr.M.P.No.4781 of 2015 in Cr.No.94 of 2015, dated 30.06.2015, and set aside the same.) 1. Aggrieved by the dismissal of his property return petition in Crl.M.P.No. 4781 of 2015, by the learned Judicial Magistrate, Sivakasi, the de facto complainant has directed this revision. 2. The revision petitioner is a businessman in Sivakasi. He seems to be an affluent man. On 04.03.2015, some unidentified persons posing themselves as Police Officials visited the petitioner's Office and took him to an undisclosed place. The fake Policeman interrogated him and they intended to effect some recovery. They have adopted their own method of investigation. They put up a demand of Rs.1,00,00,000/- for his release. Rs.25,00,000/- was arranged and paid to them in 2 installments, namely, Rs.10,00,000/- and Rs.15,00,000/-. Thereafter, on 05.03....


Aug 10 2016

N. Vadivel Vs. The Branch Manager, Pandian Grama Bank, Ramanathapuram ...

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 Certiorarified Mandamus, to call for the records relating to the respondent Bank jewels loan auction notice, dated 01.08.2016, particularly for the Petitioner in S.No.9 of the Jewel loan auction notice loan account No.271500436, published in Daily Thanthi Newspaper, Madurai Edition, dated 02.08.2016 and quash the same as illegal and consequently, direct the respondent to hand over his pledged jewels to him after receiving necessary jewel loan dues from the Petitioner.) 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 Respondent / Bank. 4. According to the Petitioner, he is having Saving Bank Account with the Respondent / Bank, bearing No.8592. He availed Gold Loan, from the Respondent / Bank, for his agricultural purpose, on various dates i.e., on 29.05.2016, he availed a sum of Rs.48,...


Aug 10 2016

Durairaj and Others Vs. Raja and Others

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Contempt Petition filed under Section 11 of Contempt of Court Act to punish the respondents for his act of wilful disobedience of the order passed in CRP(PD)No.1619/2014 dated 30.4.2015.) Common Order 1. The petitioners have filed the Contempt Petition to punish the respondent for his act of wilful disobedience of the order passed in CRP(PD)No.1619/2014 dated 30.4.2015. 2. Challenging the order passed in I.A.No.259/2013 in G.W.O.P.No.8 of 2013 on the file of Family Court, Salem, the petitioners, who are the maternal grand parents of the minor child Sanjayah, have filed the Civil Revision Petition in CRP.No.1619/2014. 3. Similarly, challenging the very same order, the father of the minor child, has filed the civil revision petition in CRP No.1155/2015. 4. The Family Court, Salem, by Order dated 18.02.2014, granted visitation rights of the minor child viz., Sanjayah to the maternal grand parents on 2nd and 4th Sundays between 9.00 a.m and 6.00 p.m. Against this order, the father...


Aug 10 2016

Karunambal Vs. The Director Directorate of Tribal Welfare Chennai

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records of the respondent in its Na.Ka.No.PaMa/A2/22/2015 dated 30.6.2016 and quash the same.) 1. Heard the learned counsel for the petitioner and the learned Special Government Pleader taking notice on behalf of the respondent. 2. In the grounds of the writ petition, it is averred that the State Level Scrutiny Committee alone is empowered to receive the report from the Vigilance Officer and to issue the show cause notice, whereas in this case, the respondent has issued the show cause notice to the petitioner, when he has no authority either to issue a show cause notice or to conduct an enquiry. 3. The learned counsel for the petitioner submits that the petitioner was not given any opportunity to cross examine the witnesses and the copies of the documents relied upon by the Vigilance Officer in the Vigilance Report were also not furnished to the petitioner. 4...


Aug 10 2016

Thangam Vs. The Director, Elementary Education, College Road, Chennai ...

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 Mandamus directing the first respondent to consider the petitioner's representation dated 23.09.2015 submitted for petitioners preferential transfer under destitute widow woman category forthwith from the existing station to anyother station within the District of Kanyakumari forthwith, on merits and in accordance with law.) 1. The petitioner herein, Mrs.Thangam, presently serving as a Secondary Grade Teacher at Panchayat Union Primary School, Kalathoor, Elayankudi Block, Sivagangai District, has come forward with the present Writ Petition, by stating that in the year 2008, her husband passed away due to an accident and that she is left with two children, sought for transfer from the existing station to her native place, namely, Kanyakumari District, through her representation dated 23.09.2015. 2. Learned counsel for the petitioner submitted that as per Clause No.7 found in G.O.Ms....


Aug 10 2016

Maharani Vidyavathi Devi of Vizhianapuram Trust Vs. The Principal Comm ...

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for records of the second respondent, relating to the assessment order, dated 31.07.2002, vide ULT/Assessment C.No.5B/BK/95/My1/1991, relating to land in S.No.4307/2, pt Block No.95, Mylapore Village, Mylapore-Triplicane Taluk, as confirmed by the order of the first respondent, dated 28.06.2004, vide Ref. B3/17197/2002, and to quash the same, and further, to direct the respondents to exempt the land from tax under Section 29G and 29 K of the Urban Land Tax Act.) 1. Heard Mr.V.Ramesh, learned counsel appearing for the petitioner and M/s.Vasudha Thiagarajan, learned Additional Government Pleader, for the respondents. 2. The petitioner is a Charitable Trust, and the challenge in this Writ Petition is to the proceedings of the second respondent, dated 31.07.2002, which is an order of assessment, passed under the provisions of the Tamil Nadu Urban Land Tax Ac...


Aug 10 2016

R. Dharmalingam Vs. The State rep.by the Inspector of Police, Sulur Po ...

Court: Chennai

Decided on: Aug-10-2016

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to order transfer of investigation of the case in Crime No.306 of 2016 from the file of the 1st respondent to the file of the 2nd respondent.) 1. This criminal original petition has been filed to order transfer of investigation of the case in Crime No.306 of 2016 from the file of the 1st respondent to the file of the 2nd respondent. 2. This case appears to have a checkered history. 3. For the sake of convenience, the parties will be referred to by their name. 4. One N.J.Subramaniam, filed a suit in O.S.No.438 of 2009 against one Ganesamoorthy, Dharmalingam and four others before First Additional District Judge, Coimbatore, for specific performance of a contract dated 15.03.2016. In the suit, it was pleaded by N.J.Subramaniam that Ramukutty Gounder, father of Dharmalingam, had entered into a sale agreement on 15.03.2006, under which, he had agreed to sell his property to him. After the death of...


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