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Chennai Court September 2016 Judgments

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Sep 01 2016

Dr. Janarthanan Vs. State rep. by The Inspector of Police, City Crime ...

Court: Chennai Madurai

Decided on: Sep-01-2016

(Prayer:Criminal Revision Petition is filed under Sections 397 r/w. 401 of Cr.P.C., to call for the records pertaining to the order passed in Cr.M.P.No.1158 of 2016 in P.R.C.No.2 of 2016 on the file of learned Judicial Magistrate No.I, Madurai dated 21.04.2016 and set aside the same and directed the learned Judicial Magistrate No.I, Madurai to recall the Non-Bailable Warrant issued against the petitioner without petitioner's surrender or appearance before the Court.)1. This revision is at the instance of A6 in P.R.C.No.2 of 2016, as against dismissal of his petition to recall the N.B.W. filed in Cr.M.P.No.1158 of 2016 by the learned Judicial Magistrate No.I, Madurai. 2. Based on the complaint of A5/P.Saravanan a Madurai Doctor, the City Crime Branch Unit of Madurai City Police registered a case in Crime No.55 of 2015 under Sections 328, 201, 409, 420, 468, 120-B, 109 I.P.C., and under Sections 33(eea) and 27 of Drugs and Cosmetics Act. 3. The Investigation Officer went on collection of...


Sep 01 2016

T. Suresh Vs. J. Jayalalitha and Others

Court: Chennai

Decided on: Sep-01-2016

(Prayer: Election Petition filed under Section 80 to 84 read with Section 100(1)(C) of the Representation of the People Act, 1951 Rule 2 of the Rules of the Madras High Court Election Petition 1967 praying to (1) declare the 31st respondent order dated 11.06.2015 rejecting the petitioner nomination papers filed for contest in the Dr.Radhakrishnan Nagar Assembly Constituency as improper, invalid and illegal and also set aside the election of the first respondent from 11, Dr.Radha Krishnan Nagar constituency in the Tamilnadu Legislative Assembly consequently (2) declare the election of returned candidate namely the 1st respondent herein in Form 11, Dr.Radhakrishnan Nagar Assembly Constitution, State of Tamilnadu in the election held on 27.06.2015 and the declaration of result on 30.06.2015 as illegal and Null and void.) 1. Selvi.J.Jayalalitha, the respondent No.1 is an elected candidate in the Elections held from R.K.Nagar Constituency to the Tamilnadu Legislative Assembly. Her election ...


Sep 01 2016

K. Perumal Vs. The Tahsildar, Usilampatti Taluk Office, Usilampatti, M ...

Court: Chennai Madurai

Decided on: Sep-01-2016

(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 measure and demarcate the Petitioner's land property in Survey No.327/2B at the extent of 1419-1/4 sq.ft., situate at Uthappanayakkanur Village, Usilampatti Taluk, Madurai District, based on the fee remitted on 19.08.2016 and in accordance with law within a stipulated time frame, to be fixed by this Court.) 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 First Respondent. 4. According to the Petitioner, he made a representation, dated 19.08.2016, in person, to the First Respondent / Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District, seeking to measure and demarcate the Petitioner's land property. He paid the requisite fee of Rs.100/-, by way of two challans, dated 19.08.2016 and submitted all necessary documents, such as, Sale De...


Sep 01 2016

A. Manohar Vs. The Tahsildar, Melur Taluk, Melur, Madurai District and ...

Court: Chennai Madurai

Decided on: Sep-01-2016

(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 survey the Petitioner's land in respect of the Old Survey No.270, Re.Sy.No.1A2B3 and 1A2C5, at Therkutheru Village, Melur Taluk, Madurai District on the basis of the representation, dated 10.12.2015.) 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. 4. It appears that the Petitioner, on earlier occasion, had filed W.P.(MD)No.17991 of 2014, before this Court, seeking to dispose of his representation, dated 01.09.2014 and the same was disposed of, on 10.11.2014. At this stage, the grievance of the Petitioner is that the Respondents cannot put up a public Sintex Water Tank in his land. Therefore, it is necessary to survey his land in Old Survey No.270, Re.Sy.Nos.1A2B3 and 1A2C5, at Therkutheru Village, Melur Taluk, Madurai Districtl. He had r...


Sep 01 2016

M. Sheik Sikandar Batcha Vs. The Secretary, Reserve Bank of India, Mum ...

Court: Chennai Madurai

Decided on: Sep-01-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 2 and 3 to rectify the issues of 'Credit Information Bureau (India) Limited' Score ratings and suspend the issued Certificate of Registration to foreign companies and to grant certificate of registration to any Indian Companies for collection and maintenance of individual credit and personal data to protect the personal liberty on privacy and also pass all other suitable orders to the petitioners within the stipulated time as fixed by this Court.) 1. The petitioner, a practising Advocate, sought for a writ of Mandamus, by directing the respondents 1 to 3 to rectify the 'Credit Information Bureau (India) Limited' Score ratings and suspend the Certificates of Registration issued to foreign companies and to grant Certificate of Registration to Indian Companies for collection and maintenance of individual credit and personal data to protect the personal liberty ...


Sep 01 2016

S. Jayanthi and Others Vs. The Pallavaram Municipality Rep., by its Co ...

Court: Chennai

Decided on: Sep-01-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, to call for the records pertaining to the impugned notice in Na.Ka.No.1836/12/A1, dated 02.03.2016, on the file of the first respondent and quash the same.) 1. The petitioner challenges an order passed by the first respondent Municipality dated 02.03.2016, demanding Vacant Land Tax from the petitioner from the years I/2005-06 to II/2015-16. 2. Heard Mr.Richardson Wilson, learned counsel appearing for the petitioner, Mr.P.Srinivas, learned counsel for the respondent Municipality and perused the materials placed on record. 3. The following facts would be relevant for the purpose of deciding the controversy in this Writ Petition. The petitioner was served with a demand notice dated 03.06.2011, demanding Vacant Land Tax for the period from I/2005-06 to II/2011-12. The amount of tax demanded for the period from I/2005-06 to I/2009-10 was Rs.8,29,485/- per half year and from...


Sep 01 2016

P.K. Muthukumar Vs. The Deputy Superintendent of Police, Tirunelveli

Court: Chennai Madurai

Decided on: Sep-01-2016

(Prayer: This petition is filed under Section 482 of Criminal Procedure Code 1973 to quash the Final Report for the offences under Sections 22( c), 28,29,30, r/w. 8 ( c) of NDPS Act r/w. 116,193,195,196,120(b),417, r/w. 109,466,468,469 and 471 of Indian Penal Code and Rule 63 of NDPS Act filed by the complainant before the Honourable II Additional Sessions Judge for NDPS Act Cases, Madurai.) 1. The conspiracy alleged to have been made to foist a false case against one innocent namely, M.A.Easwaramurthy, made the petitioner along with other accused to lant in the case relating to drug. 2. The petitioner is accused No.2, who challenges the final report filed against him and others under Sections 22(c) 27(A), 28,29,30 r/w with 8( c) of NDPS Act r/w Sections 116,193,195,196,120(b),417 r/w 109,466,468,469 and 471 of Indian Penal Code and Rule 63 of NDPS Act. 3. The case of the prosecution is that on 30.06.2006 NIB CID, Thoothukudi arrested one A.Eswaramoorthy, who was found to be in possess...


Sep 01 2016

TVL.Unique Barrier Films represented by its Partner Vs. The State of T ...

Court: Chennai Madurai

Decided on: Sep-01-2016

(Prayer :Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari calling for the records relating to the impugned order passed by the third respondent in cancellation of the TIN No. of the Petitioner in ID.10101020787210, dated 01.06.2016 downloaded from the department wed-site on 03.08.2016 and to quash the same.) 1. Mr. R. Karthikeyan, learned Additional Government Pleader takes notice for the respondents and by consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2.The Petitioner challenging the impugned order cancelling the Registration Certificate issued under both Tamil Nadu VAT Act, 2006 and Central Sales Tax Act, 1956, has filed the present Writ Petition on the ground that the third respondent without giving personal hearing has wrongly cancelled the TIN Number of the Petitioner. He would further submit that as per section 39(15) of the Tamil Nadu VAT Act, 2006, notice has to be given to ...


Sep 01 2016

T. Thalavaisamy Vs. The Assistant Commissioner, Tiruneveli Corporation ...

Court: Chennai Madurai

Decided on: Sep-01-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to survey and demarcate the property in S.Nos.517, 518, 519, Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District in consideration of the Petitioner's application dated 20.10.2015.) 1. Mr.R.Aayiram K.Selvakumar, learned Government Advocate takes notice for the respondents and by consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The Petitioner has come to this Court with a limited prayer praying for issuance of a Writ of Mandamus directing the respondents to survey and demarcate the property in S.Nos.517, 518, 519, Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District in consideration of the Petitioner's application, dated 20.10.2015. 3. It is the case of the Petitioner that one Pitchaikarammal purchased the lands governed in S.Nos.517, 518, 519, Kulavanigarpuram Village, Pal...


Sep 01 2016

National Engineering College, Thoodhukudi District Vs. The Member Secr ...

Court: Chennai

Decided on: Sep-01-2016

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records relating to Advertisement No.AICTE 23 of 2002, The Hindu, dated 02.11.2002 issued by the Member Secretary of the AICTE and quash the same.) 1. By consent, the writ petition is taken up for final disposal. 2. The facts leading to the disposal of this writ petition, briefly narrated, are as follows:- [a] The petitioner / Institution, namely, National Engineering College was established by the National Educational and Charitable Trust, registered under the Trust Registration Act, under Regn.No.180 of 1984. The Government of Tamil Nadu, vide G.O.Ms.No.939 dated 20.07.1984, granted permission to the said Trust to start an Engineering College in the name and style National Engineering College at Kovilpatti, under the Self Financing Scheme in order to cater the needs of rural area people, from the academic year 1984-11985 and thereafter, on 11.10.1984, the Madur...


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