Court : Chennai Madurai
(Prayer : Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of CertiorarifiedMandamus calling for the records relating to the impugned proceedings passed by the 4th respondent in No.MSU/CoE/November 2015 dated 07.10.2015 and quash the same and further directing the 3rd respondent University to grant affiliation to the petitioner Arts and Science College viz. Dr. Noble Christian College of Arts and Science for the courses B.Sc. Mathematics, B.A. English and B.Com.) 1. Learned counsel appearing for the petitioner seeks permission of this court to withdraw this Writ Petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed....
Tag this Judgment!Court : Chennai Madurai
(Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents to produce the body and person of petitioner's daughter, aged 10 years (at the time of missing aged 4 days), daughter of Muthumanickam, before this Court and set her at liberty and handed over the custody to the petitioner and pass such further or other orders.) S. Nagamuthu, J. 1. The petitioner, Mrs.Mareeswari, is a differently abled woman, hardly aged 31 years. She is a visually challenged woman, having lost her vision after she had just completed her +2 Examinations. Her husband, Mr.Muthumanickam, is also a differently abled person, having total loss of vision by birth. But, still, they have not lost the hope of their future. They married in the year 2005. Out of the said wedlock, the petitioner became pregnant and she was admitted as inpatient at the Madurai Government Rajaji Hospital, on 05.01.2006, for delivery of the child. O...
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(Prayer:Appeal is filed under Section 374 of the Code of Criminal Procedure against the Judgment and conviction dated 11.01.2012 made in S.C.No.78 of 2011, on the file of the learned Additional Sessions Judge [Fast Track Court No.III], Tirunelveli.) S. Nagamuthu, J. The appellant is the first accused in S.C.No.78 of 2011, on the file of the learned Additional Sessions Judge [Fast Track Court No.III], Tirunelveli. The second accused in the case was one Mr.S.Iyyappan, who is the son of the first accused. The Trial Court framed as many as two charges as detailed below. ChargeAccused Penal Provisions11302 IPC22302 r/w 109 IPC By Judgment dated 11.01.2012, the Trial Court has acquitted the second accused, but convicted the first accused, as detailed below:- Convicted under Sections Sentence imposedFine amount302 IPCTo undergo imprisonment for lifeRs.10,000/- in default to undergo rigorous imprisonment for six months. As against the said conviction and sentence, the appellant has come up w...
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(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records pursuant to the impugned order passed by the fifth respondent in Proceedings dated 14.08.2012 and quash the same and consequently, direct the respondents to permit the petitioner Bar Association to conduct a rally and Meeting on 17.08.2012 or any other subsequent date in Srivilliputhur Town, Virudhunagar District as mentioned in the representation dated 13.08.2012.) ORDER 1. The petitioner in this writ petition is Srivilliputhur Bar Association represented by its Secretary. 2. In this writ petition, the petitioner challenges the order passed by the fifth respondent namely the Inspector of Police, Krishnankovil Police Station, in charge of Srivilliputhur Town Police Station, Srivilliputhur, dated 14.08.2012. 3. It transpires that the petitioner Bar Association sent a letter dated 13.08.2012 to the fifth respondent asking permission ...
Tag this Judgment!Court : Chennai Madurai
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to reframe the syllabus from the next academic year so as to ensure that students have covered all the 1,330 couplets of Thirukkural by the time they step out of schools by including it as a separate subject for the academic years from at least VI to XII and pass the same as a policy decision of the Government.) 1. This writ petitioner, urging a personal cause has aroused a noble thought by seeking a writ of Mandamus to modify the syllabus in the schools for students between VI to XII Standard so as to ensure that they are acquainted and taught thoroughly with all the 1,330 couplets of Thirukkural so as to mould them morally sound. 2. The contention of the writ petitioner, a retired Government Official, is that in the recent times, the moral values have declined in the society. That apart, the general behaviour among youngesters in the society is lackin...
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(Prayer: Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.15151 of 2012, dated 19.12.2012.) S. Manikumar, J. 1. Installation of a statue of V.O.Chidambaranar, a National Leader, in a patta land, belonging to a Uravinmurai Sangam, Vadipatti Taluk, Madurai District, is opposed by the appellants, on the grounds that there would be a communal clash in the village, and hence not advisable, to erect a statue. G.O.No.248, Rural Development Department, dated 23.11.1998, is also invoked, to contend that permission from the Government is required. 2. Placing reliance on a judgment of this Court in Srivilliputhoor Saiva Vellalar Sangam vs. The District Collector (W.P(MD)No.8935 of 2012, dated 29.08.2012), the Writ Court directed, unveiling of the statue of the National Leader V.O.Chidambaram(shortly V.O.C) at V.O.C Nagar, 15B, Periyasoorseri, Mettupatti Post, Vadipatti Taluk, Madurai District. 3. Directions issued are assailed, on the grounds inter alia that the...
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(Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned rules communicated by the 3rd respondent in ROC 561 of 2006 dated 24.07.2006 and quash the same and forbearing I to III respondents from exercising enrolment and consequently direct the 4th respondent to take charge of enrolment of advocates as per section 58(1) of Advocates' Act, 1961.) N. Kirubakaran, J. 1. This case is only a tip of an iceberg, which reveals how full-time salaried employees/staff are working and simultaneously undergoing Law Degree Course elsewhere. The petitioner herein, is a person, who was working as a full-time Government employee, i.e, as a Junior Engineer in Agricultural Engineering Department, Thanjavur, from 17.03.1966 to 31.10.2001 and who was able to obtain a law degree, as if he had undergone the course from 1998-2001, as a regular student in Dr. Ram Manohar Lohia College of Law, Bangal...
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(Prayer: APPEALS under Clause 15 of Letters Patent to set aside the order dated 26.11.2015 made in W.P.(MD)No.20559 of 2015.) V. Ramasubramanian,J : History will find greatness in Felix Frankfurter as a justice, not because of the results he reached, but because of his attitude toward the process of decision. His guiding lights were detachment, rigorous integrity in dealing with the facts of a case, refusal to resort to unworthy means, no matter how noble the end and dedication to the Court as an institution. Because he was human, Justice Frankfurter did not always live up to his own ideal. But, he taught us the lesson that there is importance in the process (New York Times Editorial The Frankfurter Legacy, on September 2, 1962). 1. A very recent decision of the Supreme Court in Joint Secretary, Political Department, Government of Meghalaya, Main Secretariat, Shillong Vs. High Court of Meghalaya through its Registrar, Shillong [Civil Appeal No. 2987 of 2016 dated 18.3.2016] began w...
Tag this Judgment!Court : Chennai Madurai
Common Judgment: V. Ramasubramanian, J. History will find greatness in Felix Frankfurter as a justice, not because of the results he reached, but because of his attitude toward the process of decision. His guiding lights were detachment, rigorous integrity in dealing with the facts of a case, refusal to resort to unworthy means, no matter how noble the end and dedication to the Court as an institution. Because he was human, Justice Frankfurter did not always live up to his own ideal. But, he taught us the lesson that there is importance in the process (New York Times Editorial The Frankfurter Legacy, on September 2, 1962). 1. A very recent decision of the Supreme Court in Joint Secretary, Political Department, Government of Meghalaya, Main Secretariat, Shillong Vs. High Court of Meghalaya through its Registrar, Shillong [Civil Appeal No. 2987 of 2016 dated 18.3.2016] began with the above quote. In the said decision, the Supreme court reminded all the Judges of this country about th...
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S. Manikumar, J. 1. A retired I.A. and A.S. Officer, has sought for a Writ of Certiorarified Mandamus, to quash R.O.C.No.C3/26037/15, dated 02.03.2016 and consequently, prayed for a direction to the District Collector, Kanyakumari District to demolish the construction made in Survey No.174/9, Kottaram West Village, Agasteeswaram Taluk, by respondents 3 to 5. He has also prayed for a direction to the District Collector and Superintendent of Police, respectively of Kanyakumari District, to remove the construction in Survey No.174/9, within a time frame. 2. According to the petitioner, he is native of Achankulam. Now, he is settled in Chennai and often, visit his native place, for his personal work. There is a temple called, ?Arulmighu Umayamman Temple? in Achankukalm. It is in Survey No.174/7. The village consists of Scheduled Caste Hindus, Nadars and Christians. There is a vacant place in Survey No.174/9, situated behind the said temple. East of that property, after the road, lies a CSI...
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