Chennai Court August 2016 Judgments
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M. Kannan Vs. Director of Elementary Education, D.P.I. Campus, Chennai ...
Court: Chennai Madurai
Decided on: Aug-08-2016
(Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a a Writ of Mandamus directing the 1st respondent to consider petitioners representation dated 03.06.2016 under the Guidelines issued in G.O(Ms) No. 92/S/09 dated 22.07.2009 and also direct the 2nd Respondent to consider the transfer application and transfer the petitioner from Thiruppathur Union Sivagangai District to Panchayat Union Primary School Sevalkulam in Kurivikulam Panchayat Union Tirunelveli District.) 1. Mr.M.Kannan, who is serving as Secondary Grade Teacher, through employment exchange in Narasinganallur Panchayat Union Primary School, Thiruvannamalai District, on 15.07.2009, has come forward with the present Writ Petition seeking for a Writ of Mandamus directing the respondents to transfer him from Thiruppathur Union Sivagangai District to Panchayat Union Primary School Sevalkulam in Kurivikulam Panchayat Union, Tirunelveli District. 2. Learned counsel for...
S. Suganthi Vs. The Tahsildar, Thirumangalam Taluk, Madurai District.
Court: Chennai Madurai
Decided on: Aug-08-2016
(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 grant joint patta in the names of the Petitioner and her sister Chinna Ayyammal @ Ayyammal's , relating to punja and nanja lands in S.No.103/1F5 ad-measuring 0.09.0 Ares, S.No.20/3E ad-measuring 0.04.5 Ares, S.No.22/3C, ad-measuring 0.14.0 Ares, S.No.6/7, ad-measuring 0.06.0 Ares, S.No.97/1, ad-measuring o.26.0 Ares, S.No.97/2, ad-measuring 0.24.5 Ares in patta No.60 and S.No.21/1B ad-measuring 0.09.5 Ares. S.No.21/11D ad-measuring 0.09.5 Ares, S.No.36/13A ad-measuring 0.01.0 Ares, S.No.36/13C ad-measuring 0.01.0 Ares, S.No.36/16 ad-measuring 0.03.0 Ares situated at Kangeyanatham Village, Thirumangalam Taluk, Madurai District based on the Petitioner's representation dated 20.6.2016) 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 Resp...
Sambath @ Sambath Kumar Vs. State by Inspector of Police, E-3 Teynampe ...
Court: Chennai
Decided on: Aug-08-2016
(Prayer: Criminal Appeal filed under Section 374 Cr.P.C., against the judgment dated 27.08.2014 in S.C.No.1 of 2012 on the file of Mahila Court/Sessions Court, Chennai.) This Criminal Appeal is filed against the judgment dated 27.08.2014 in S.C.No.1 of 2012 on the file of Mahila Court/Sessions Court, Chennai, convicting the appellant/accused for the offence under Section 366-A and sentencing him to undergo ten years rigorous imprisonment and to pay fine of Rs.10,000/-, in default, to undergo six months simple imprisonment. He was also convicted for the offence under Section 376 IPC and sentenced to undergo ten years rigorous imprisonment and to pay fine of Rs.10,000/-, in default, to undergo six months simple imprisonment. The trial Court ordered the sentences imposed on the appellant/accused to run concurrently. 2. The gist of the prosecution case is that P.W1/de-facto complainant who was stated to be aged about 15 years at the time of occurrence, was residing along with her parents (...
S. Balamurugan Vs. The District Collector, Thiruchy District and Anoth ...
Court: Chennai Madurai
Decided on: Aug-08-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to grant permission to the petitioner for quarrying Gravel sand, forthwith, in S.No.186(P) in Gundur Village, Thiruverumbur Taluk, Thiruchirappalli, in an extent of 4.75.0 Hectare based on the application submitted by the Petitioner to the 1st Respondent, on 29.05.2015 to forthwith.) 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 Respondents 1 and 2. 4. According to the Petitioner, on 29.05.2015, he submitted an application before the First Respondent / District Collector, Tiruchirappalli District, for quarrying out gravel sand from the Gundur Government Poramboke lands in S.No.186(P), measuring an extent of 4.75.0 Hectares, as the tank was filled up by the deposition of gravel sand brought by sourcing canals for decades together. As a matter of fact...
S. Jarina Banu Vs. State Represented through its the Inspector of Poli ...
Court: Chennai Madurai
Decided on: Aug-08-2016
(Prayer: Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Judicial Magistrate, No.2, Karur to complete the trial expeditiously in C.C.No.159/2015 in Crime No.92/2015 within stipulated time framed by this Court and also further direct the 2nd respondent to give witness protection to the petitioner.) 1. This petition has been filed, seeking direction to the learned Judicial Magistrate, No.2, Karur to complete the trial expeditiously in C.C.No.159/2015 in Crime No.92/2015 and also further direct the 2nd respondent to give witness protection to the petitioner. 2. The case came to be registered on the complaint of the petitioner herein alleging that the accused / owner of the building attacked her brutally, apart from pushing her out of the house and throwing away all the properties of household articles in the street; and that after investigation 2nd respondent filed a charge sheet before the learned Judicial Magistrate No.2, Karur on 22.03.2015. 2.1...
Marimuthu Vs. Raja
Court: Chennai Madurai
Decided on: Aug-08-2016
(Prayer: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, against the order, dated 18.08.2015 made in CMA No.8 of 2015 on the file of the VI Additional District and Sessions Court, Madurai, reversing the order, dated 17.04.2015 made in I.A.No. 85 of 2015 in A.S.No.83 of 2014 on the file of the I Additional Sub Court, Madurai Camp at Melur.) 1. This revision is directed against the order of the 6th Additional District and Sessions Judge, Madurai, passed in CMA No.8 of 2015, dated 18.08.2015, reversing the order of the First Additional Subordinate Judge, Madurai, passed in I.A.No.85 of 2015 in A.S.No.83 of 2011, dated 17.04.2015. 2. The respondent herein as plaintiff, filed a suit in O.S.No.69 of 2013 against the petitioner herein/defendant before the District Munsif, Melur, for permanent injunction restraining the defendant, his men and agent from in anyway disturbing his peaceful possession and enjoyment of the suit property, except under due process of l...
T.M. Sampath Vs. K.K.S. Jeyaraman
Court: Chennai
Decided on: Aug-05-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in STC No.357 of 2010 on the file of the Judicial Magistrate II, Chengalpattu and consequently, quash the same as illegal.) 1. This Criminal original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash Section 138 proceedings under Negotiable Instruments Act in S.T.C.No.357 of 2010 on the file of the Judicial Magistrate II, Chengalpet as illegal, improper and not maintainable in law. 2. The petitioner / accused averred in the petition that the petitioner introduced one Arul to the complainant and land deal was made between them; that the cheque was obtained from the petitioner on 08.03.2010 by use of wrongful force and unlawful means from the petitioner; that the petitioner issued a suit notice on 04.04.2010 and also issued a letter to his Banker on 03.05.2010 for stop payment; that the cheque is not for an legally enforceable debt or liability; that th...
R. Mahaboob Ali Vs. S. Gnaneswaran and Another
Court: Chennai
Decided on: Aug-05-2016
(Prayer: Civil Miscellaneous Appeal preferred against the judgment and decree dated 15.12.2015, passed in M.C.O.P.No.5714 of 2012, on the file of III Judge, Motor Accident Claims Tribunal (Court of Small Causes), Chennai.) A. Selvam, J. This Civil Miscellaneous Appeal has been directed against the award dated 15.12.2015, passed in M.C.O.P.No.5714 of 2012, by the Motor Accidents Claims Tribunal/III Small Causes Court, Chennai. 2. The appellant herein, as petitioner, has filed M.C.O.P.No.5714 of 2012, on the file of the Motor Accidents Claims Tribunal, wherein, the present respondents have been shown as respondents. 3. It is averred in the petition that on 17.11.2012, at about 12.00 Noon, the petitioner has driven his motorcycle bearing Registration No.TN-04-Q-3786 from South to North direction in Valluvarkottam High Road. At that time, the car bearing Registration No.TN-01-AB-6539, belongs to the first respondent, has been driven in a rash and negligent manner and dashed against the app...
S. Sakthivel Vs. The Special Deputy Collector(Stamps)Office, Madurai D ...
Court: Chennai Madurai
Decided on: Aug-05-2016
(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 representation of the Petitioner dated 7.12.2015.) 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, he purchased the agricultural land measuring an extent of 2.82 acres from the original land owner Nachimuthu, Son of Thirumalaisamy on 11.09.2015, by means of registered sale deed and in fact, the First Respondent/The Special Deputy Collector(Stamps)Office, Collectorate Office, Madurai District sent him an information that 23.11.2015, requiring him to pay the deficit stamp duty of Rs.5,47,939/-. 5. The grievance of the Petitioner is that he had submitted a detailed representation to the Second Respondent on 7.12.2015, but the same has not been considered till date. Hence the Peti...
R. Vanaraj Vs. The Principal Chief Conservator of Forests, Panagal Bui ...
Court: Chennai Madurai
Decided on: Aug-05-2016
(Prayer: Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 26.07.2016 made in W.P.(MD) No.13104 of 2016 on the file of this Hon'ble Court and allow this Writ Appeal.) S.S. Sundar, J. 1. This Writ Appeal is directed against the order dated 26.07.2015, passed by a learned Single Judge of this Court in W.P.(MD) No.13104 of 2016, dismissing the Writ Petition filed by the appellant herein, challenging the transfer order passed by the second respondent, transferring the appellant from Kanyakumari Region to Tuticorin Region. 2. Since the appellant challenged the order of transfer only on the ground that there is no reason given in the impugned order of transfer, the learned Single Judge, after setting out the principles and legal position, has dismissed the writ petition. Before this Court, the appellant reiterated the same argument that the order of transfer without assigning any reason is bad in law. The counsel for the appellant also argued that the transf...
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