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Chennai Court August 2016 Judgments

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Aug 09 2016

D. Rengaraj Reddiar and Another Vs. T. Sankarappa Reddiar and Others

Court: Chennai Madurai

Decided on: Aug-09-2016

(Prayer: Second Appeal is filed under Section 100 of CPC., against the judgment and decree passed in A.S.No.8 of 2004 dated 10.11.2004 on the file of the Sub Court, Sankarankovil reversing the judgment and decree passed in O.S.No.216 of 2002 dated 05.12.2003 on the file of the Principal District Munsif Court, Sankarankovil.) 1. The plaintiffs, who lost the legal battle before the first appellate Court, have come forward with this second appeal against the judgment and decree passed in A.S.No.8 of 2004 dated 10.11.2004 on the file of the Sub Court, Sankarankovil reversing the judgment and decree passed in O.S.No.216 of 2002 dated 05.12.2003 on the file of the Principal District Munsif Court, Sankarankovil. 2. The appellants, as plaintiffs, filed a suit for injunction in respect of third schedule property, directing the respondents not to interfere their peaceful enjoyment stating that the suit properties are grama natham, in which, they are residing for the past 30 years. Third schedule...


Aug 09 2016

All Indian Ex-Servicemen Vs. The Presiding Officer Central Government ...

Court: Chennai

Decided on: Aug-09-2016

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order dated 5.6.2012 passed in W.P.No.34215 of 2007.) A. Selvam, J. 1. This Writ Appeal has been directed against the order dated 5.6.2012 passed in W.P.No.34215 of 2007 by the learned Single Judge of this Court. 2. The appellant herein, as writ petitioner, has filed W.P.No.34215 of 2007 on the file of this Court under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records from the file of the first respondent relating to the Award dated 22.3.2007 passed in I.D.No.343 of 2004 and quash the same and consequently for directing the second respondent to regularise the service of the employees mentioned in the petition. 3. The averments made in the Claim Statement filed on the side of the petitioner is that the petitioner is none other than the Union of Security Guards and they have joined service as Security Guards on various dates from July 1997. Even tho...


Aug 09 2016

S. Elangovan and Another Vs. Anna Durai Assistant Commissioner of Poli ...

Court: Chennai

Decided on: Aug-09-2016

(Prayer: Contempt Petition filed under Sections 11 of the Contempt of Courts Act, to punish the respondents for Contempt of Court for willful disobedience of the order passed in Crl.O.P.No.5448 of 2015 dated 23.06.2015.) 1. This contempt petition has been filed to punish the respondent for willful disobedience of the order passed in Crl.O.P.No.5448 of 2015 dated 23.06.2015. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the respondent. 3. Today, K.Subramanian, Inspector of Police, R5, Virugambakkam Police Station, Chennai-93, is present before this Court. 4. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that pursuant to the direction issued by this Court in Crl.O.P.No.5448 of 2015 dated 23.06.2015, investigation has been completed in Crime No.998 of 2013 and final report has been filed before the 23rd Metropolitan Magistrate, Saidapet in C.C.No.2732 of 2016 on ...


Aug 09 2016

A. Jayaseelan Vs. The Tahsildar, Lalkudi Taluk, Trichy District and An ...

Court: Chennai Madurai

Decided on: Aug-09-2016

(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 sub-divide the property bearing New S.No.584/7 measuring an extent of 01213 square meter of Vadugarpettai Village, Lalgudi Taluk, Trichy District with the help of the Second Respondent and to issue a separate patta out of the same to the Petitioner to an extent of 4028 sq.ft(i.e)374.22 square meter which is under his possession on the basis of his representation made before him dated 12.10.2015.) 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 Petitioner, the patta bearing No.2801 of the property in question stands in the name of his father for the entire property in S.No.584/7 of Vadugarpettai Village, measuring an extent of 01213 square meter. Hence he had applied for sub-division to sub-divide...


Aug 09 2016

Rajasekar Vs. The State represented by the Home Secretary, Chennai and ...

Court: Chennai Madurai

Decided on: Aug-09-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents to grant medical leave to the petitioner by the 4th respondent in his order dated 05.08.2016 which expires on 09.08.2016 to extend the further period of 4 weeks from 09.08.2016 as per the representation of the petitioner dated 06.08.2016.) 1. This Writ Petition has been filed seeking a direction to the fourth respondent to extend the parole granted to the petitioner on 05.08.2016, which expired on 09.08.2016, for a further period of four weeks. 2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal. 3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 4. It is seen that the petitioner, who is a life convict, has been granted emergency leave from 05.08.2016 to 09....


Aug 09 2016

T. Ramesh and Others Vs. The State of Tamil Nadu, represented by the P ...

Court: Chennai

Decided on: Aug-09-2016

(Prayer in W.P. No.1032 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records in connection with the impugned order passed by the 1st respondent in G.O. (D) No.872 dated 07.12.2015 and quash the same and further, direct the respondents to extend the benefit of the Advisory Board report dated 11.05.2012 and release the petitioner prematurely. W.P. No.2518 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the records in G.O. (D) No.935, Home (Prison IV) Department dated 28.12.2005 on the file of the first respondent and quash the same. W.P. No.6416 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records pursuant to the order passed by the first respondent in G.O. (D) No.932, Home (Prison-IV) Department dated 28.12.2015 and to quash the same as illegal.) Common Ord...


Aug 09 2016

Nigetha Trading Company Vs. The Commissioner, Tamil Nadu Food Protecti ...

Court: Chennai Madurai

Decided on: Aug-09-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the respondents from in any manner interfering nor disturbing with the running of the business of the petitioner by name Nigetha Trading Company, which are permitted under Law. 1. Heard both sides. By consent, the main writ petition itself is taken up for final disposal. 2. Counter affidavit of the fifth respondent is filed. (adopted by the other respondents i.e respondent Nos.1, 2 to 4 and 6) 3. According to the petitioner/company, it is registered under the Government of Tamil Nadu, Commercial Tax Department as a dealer under Sections 7(1), 7(2) of the Central Sales Tax Act in the office of the second respondent/Assistant Commissioner, Commercial Taxes, Karur West. The stand of the petitioner/company is that it had obtained a licence towards purchase, use and sale of Edible, Non Edible Oil, Fatty Acids, Waste Gum, Soap Oils, Rice Brand Oil, Glycerin and Rice Brand O...


Aug 09 2016

K. Udaiyammal Vs. The Revenue Inspector, Alangulam Taluk, Tirunelveli ...

Court: Chennai Madurai

Decided on: Aug-09-2016

(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 21.07.2016.) 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 Petitioner, her representation, dated 21.07.2016 addressed to the Respondents No.2 and 4 is pending till date, without any progress or disposal. With a view to issue patta to the Petitioner's property, she has projected the present representation on 22.07.2016. It appears that she has to obtain the plan approval from the concerned Officer. In fact, her husband Krishnan died in natural circumstance and hence, the subject-matter property came to her possession. She would like to construct a house in a particular place and her son is going to be got married soon and to live separately. In fact, sh...


Aug 09 2016

Sun Tv Network Ltd., Rep. by its Manager (Programming), Chennai Vs. M/ ...

Court: Chennai

Decided on: Aug-09-2016

(Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 CPC and Sections 55 and 62 of the Copy Right Act, 1957, praying for the following judgment and decree: a) for a declaration declaring that the plaintiff is the exclusive copy right holder of the cinematography film PISTHA (Telugu Colour) starring Vishal, Shreya, Prakashraj and others directed by Mr.Saba Iyyappan and produced by Mr.Vikram Krishna inclusive of the rights of Satellite Television Broadcast, Direct to Home Broadcast, Direct Satellite Service, Terrestrial Television Broadcast and all other rights connected therewith including exhibition of the film by means of wireless diffusion and by wire for communication to the public through Television Broadcast for the entire world as assigned in the agreement dated 18.06.2009. b) for a permanent injunction restraining the defendants, their men, agents, assignees or any other person or persons claiming through them from in any manner infri...


Aug 09 2016

Sathish Kumar Vs. The Commissioner of Corporation, Corporation of Chen ...

Court: Chennai

Decided on: Aug-09-2016

(Prayer: This writ petition has been filed, under Article 226 of the Constitution of 2 India, praying that this Court may be pleased to issue a Writ of Mandamus, directing the first and the second respondents to demolish the subject building of this writ petition, in accordance with law.) 1. Heard the learned counsel appearing on behalf of the petitioner and the learned counsels appearing on behalf of the respondents. 2. This writ petition has been filed by the petitioner praying that this Court may be pleased to issue a Writ of Mandamus, directing the first and the second respondents to demolish the building in question and to take appropriate action, in accordance with law. 3. The petitioner has stated that he had purchased the property, described in the schedule furnished in the affidavit filed in support of the writ petition (hereinafter referred to as "the subject property), along with his wife N.S.Padma Rani, jointly. The subject property had been purchased from N.V.Vathsavardhan...



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