Chennai Court September 2016 Judgments
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Rangarasu and Others Vs. State rep. by Inspector of Police, Nilgiri Di ...
Court: Chennai
Decided on: Sep-23-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to Crime No.2/2010 on the file of the first respondent and quash the same.) 1. This petition has been filed to call for the records pertaining to Crime No.2/2010 on the file of the first respondent and quash the same. 2. Heard the learned Senior Counsel for the petitioners, the learned Additional Public Prosecutor appearing for the State and the learned counsel for the de facto complainant. 3. For the sake of convenience, the parties will be referred to by their name. 4. Helen Margret [de facto complainant] filed a private complaint before the Judicial Magistrate, Coonoor, against 10 accused, which was referred by the Judicial Magistrate to the respondent police under Section 156(3) Cr.P.C., pursuant to which the respondent police have registered a case in Cr.No.2 of 2010 on 25.05.2010 u/s 120-B, 323, 354, 376, 420, 493 and 506(ii) IPC against R.Loganathan and nine others, challenging...
The Deputy Inspector General of Police, Tiruchirapalli Range, Trichy V ...
Court: Chennai Madurai
Decided on: Sep-23-2016
(Prayer: The Writ Appeal is filed under Clause 15 of the Letters Patent, to set aside the order passed by this Court in W.P.(MD)No.11133 of 2015, dated 08.07.2015.) M. Sathyanarayanan, J. 1. By consent, the Writ Appeal is taken up for final disposal. 2. The petitioner while working as Inspector of Police, Siruganur Police Station, Trichy District, he was trapped and arrested at 20.45 Hours on 01.11.2006, by the Vigilance and Anti Corruption, Tiruchirapalli, for the alleged demand and acceptance of Rs.6000/- from Thiru.Srinivasan S/o.Krishnasamy, Peragambi Village, Siruganur P.S., for booking a case of simple offence, instead of booking a case for graver offence, against him, and in this regard a case in VandAC Crime No.15 of 2006 was registered for the offence under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. 3. The petitioner was placed under suspension by invoking Sub Rule 3(3)(1)(ii) of Tamil Nadu Police Subordinate Service (Disciplinary and Appeal) Rule...
The State of Tamil Nadu Rep. by the Revenue Divisional Officer, Madura ...
Court: Chennai Madurai
Decided on: Sep-23-2016
(Prayer: Appeal Suit filed under Section 54 of the Land Acquisition Act, against the Judgment and decree, dated 29.09.2004, made in L.A.O.P.No.119 of 2000, on the file of the 3rd Additional Sub Court, Madurai.) 1. This appeal is filed by the State Government as against the determination of compensation by the 3rd Additional Sub Court, Madurai in L.A.O.P.No.119 of 2000 dated 29.09.2004. 2. It is not in dispute that the acquired lands are very close to the National Highways and the lands are developed as house sites. It is also the case of the claimant/respondent that the acquired land is surrounded by Schools, Colleges, Industries and Cinema Theatres and this Madurai Bench of Madras High Court is also nearer to the said land. As against the amount fixed by the Land Acquisition Officer at Rs.1,189/- per cent, the Tribunal fixed the market value at Rs.5,000/- per cent. 3. A reading of the Judgment shows that considering the evidence available on record, the Tribunal came to the conclusion...
N. Manoharan Vs. The Managing Director Tamil Nadu Housing Board, Anna ...
Court: Chennai
Decided on: Sep-22-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, to direct the 4th respondent to remove the encroachment on public road connecting Sushine Apartment and Sangam Apartment in blocks bearing Nos.364 and 365 in Belly area Anna Nagar, Madras 600 040 forthwith.) 1. The petitioner has filed the present Public Interest Litigation seeking a writ of mandamus directing the 4th respondent/Corporation to remove the encroachment on the Public road connecting Sunshine Apartment and Sangam Apartment in Blocks bearing Nos.364 and 365 in Belly area, Anna Nagar, Madras. 2. The petitioner is an Advocate by profession and resides at No.281/4, Sangam Apartment. He purchased the property some time in 1994, being the plot in question. It is the say of the petitioner that the Tamil Nadu Housing Board/ first respondent had developed properties and formed lay out as Belly area in Anna Nagar, where the eastern portion constituted Blocks A and B 36...
M/s. Sree Harshi Infoway Private Ltd. and Others Vs. M/s. Duralyst Ene ...
Court: Chennai
Decided on: Sep-22-2016
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the proceedings in M.P.No.1485 of 2016 in C.C.No.284 of 2015 on the file of the learned Judicial Magistrate (FTC) at Alandur and set aside the impugned order dated 20.06.2016 in M.P.No.1485 of 2016 in C.C.No.284 of 2015 and allow the petition filed in M.P.No.1485 of 2016 in C.C.No.284 of 2015.) 1. This petition has been filed to call for the records pertaining to the proceedings in M.P.No.1485 of 2016 in C.C.No.284 of 2015 on the file of the Judicial Magistrate Court, (FTC) at Alandur and set aside the impugned order dated 20.06.2016 in M.P.No.1485 of 2016 in C.C.No.284 of 2015. 2. Heard the learned counsel for the accused/petitioners and the learned counsel appearing for the complainant/respondent. 3. For the sake of convenience, the petitioners and the respondent are referred to as accused and complainant respectively. 4. It is the case of the complainant that the complainant had...
The Commissioner of Central Excise, Chennai Vs. M/s. Southern Polymers ...
Court: Chennai
Decided on: Sep-22-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 35G of Central Excise Act, 1944, against the Final Order No.1263 of 2005 and 1264 of 2005 dated 12.09.2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zone Bench, Chennai.) Nooty Ramamohana Rao, J. 1. This Civil Miscellaneous Appeal is preferred under Section 35G of the Central Excise Act, 1944, against the orders of the Customs, Excise and Service Tax Appellate Tribunal, South Zone Bench, Chennai, rendered in Final Order No.1263 of 2005 and 1264 of 2005 dated 12.09.2005. 2. This Civil Miscellaneous Appeal was admitted by a Division Bench of this Court on 28.04.2006 to consider the following substantial questions of law:- "(i) Whether the Tribunal has acted upon law by passing order of remand to the adjudicating authority when the point of dispute raised before them has already been elaborately reasoned out? (ii) Whether the order of the Tribunal is merely accepting the pleas of the 1st respondent witho...
Y. Ferzibha Vs. The Secretary, Health and Family Welfare, Secretariat, ...
Court: Chennai Madurai
Decided on: Sep-22-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner's application, dated 28.07.2016, to transfer her from Primary Health Centre Masthanpatti Madurai District to Asaripallam Government Medical College Hospital Kanyakumari District.) 1. This is a Writ of Mandamus seeking direction to the 2nd respondent to consider the petitioner's application, dated 28.07.2016, to transfer her from Primary Health Centre Masthanpatti Madurai District to Asaripallam Government Medical College Hospital Kanyakumari District. 2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3. It is the grievance of the petitioner that from 2014 onwards, even though she is functioning without any blemishes on record, her request for transfer has not been considered so far. As her application dated 28.07.2016 has not been considered, this wri...
A. Palanikumar and Others Vs. The State of Tamil Nadu, Rep. by its Sec ...
Court: Chennai Madurai
Decided on: Sep-22-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the proposal of the 3rd respondent dated 26.04.2011 and 21.04.2016 relating to the promotion of the petitioners to the higher post either by bringing the petitioners under the purview of the existing service rules or by framing appropriate service rules so as to enable the petitioners to get promotion to the higher post.) 1. This petition has been filed, seeking to direct the respondents 1 and 2 to take appropriate action on the proposal of the 3rd respondent dated 26.04.2011 and 21.04.2016 relating to the promotion of the petitioners to the higher post either by bringing the petitioners under the purview of the existing service rules or by framing appropriate service rules so as to enable the petitioners to get promotion to the higher post. 2. Heard the learned counsel on either side. 3. Learned counsel for th...
R. Raghupathy Vs. The Commissioner of Income Tax, Chennai and Others
Court: Chennai
Decided on: Sep-22-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking an order to issue a writ of certiorarified mandamus, to call for the records pertaining to the impugned order in O.A.No.621 of 2011, dated 25.03.2014 on the file of the third respondent and quash the same and issue an order of direction directing the respondents 1 and 2 restore the petitioner in service and to pay all the consequential benefits, including the arrears of pay.) P. Kalaiyarasan, J 1. This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of certiorarified mandamus to call for the records pertaining to the order, dated 25.03.2014 in O.A.No.621 of 2011 of the Central Administrative Tribunal (Madras Bench) and quash the same and also to direct the authorities to restore the petitioner in service and to pay all the consequential benefits. 2. The facts of the case in nutshell are as follows : (i) The petitioner was appointed by direct recruitm...
M. Vellandurai Vs. The District Collector Trichy District, Trichy and ...
Court: Chennai Madurai
Decided on: Sep-22-2016
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 25.09.2012, made in W.P.(MD) No.12488 of 2012, on the file of this Court.) M. Sathyanarayanan, J. 1. The Appellant, Who Claims To Be the Secretary of Saraswathi Aided Primary School, Abinimangalam, Musiri Taluk, Trichy District, filed a writ petition, in W.P.(MD) No.12488 of 2012, before the Single Bench of this Court, praying for issuance of a writ of mandamus directing the respondents to restore the land in Survey No.334/3 in Abinimangalam Village, Musiri Taluk, Trichy District, to its original condition and to direct them to desist from putting up any construction thereon. 2. The learned Single Judge of this Court, after going through the statement of facts stated in Paragraph Nos.1 and 2 of the affidavit filed in support of the writ petition as well as the typed set of documents, found that there is no document to show that the appellant / petitioner is the present Secretary of the school and...
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