Court : Chennai Madurai
Decided on : Apr-20-2016
(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...
Tag this Judgment!Court : Chennai Madurai
Decided on : Apr-04-2016
(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
Decided on : Apr-04-2016
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...
Tag this Judgment!Court : Chennai Madurai
Decided on : Mar-23-2016
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...
Tag this Judgment!Court : Chennai Madurai
Decided on : Mar-22-2016
(Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents herein to forthwith shift the Wind Mill Unit of the 6th respondent being erected and commissioned in S.No.96, situated at Ayyanarkulam Village, Alangulam, Tenkasi, Tirunelveli.) 1. This Writ Petition has been filed seeking issuance of a Mandamus to direct the respondents herein to forthwith shift the Wind Mill Unit of the sixth respondent being erected and commissioned in S.No.96, situated at Ayyanarkulam Village, Alangulam, Tenkasi, Tirunelveli. 2. According to the petitioner, he owns the land measuring to an extent 0.49.0 Hectares comprised in Survey No.98/2B situated at Ayyanarkulam Village, Alangulam Taluk, Thenkasi, Tirunelveli District. The petitioner has got dwelling house where he lives along with his family. There is also a well and a deep borewell and a pumpset motor with electricity service connection. Adjoining his dwelling house, there is a...
Tag this Judgment!Court : Chennai Madurai
Decided on : Mar-18-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents herein to remove the shops around the Palani Temple Hills Girivala pathai where persons belonging to Islam and other religion are running shops in which they are eating beef and insulting the religious faith of the devotees and creating disharmony by considering the petitioner's written representation dated 12.03.2016 within a time frame as fixed by this Hon'ble Court.) S. Manikumar, J. 1. Claiming himself to be a practising lawyer, under the garb of President, Hindu Munnetra Kazhagam, Mr.K.Gopinath, party in person, is before us, seeking for a writ of mandamus, directing Respondents to remove the shops in and around Palani Temple Hills Girivala pathai, run by persons belonging to Islam and other religion where they are eating beef, insulting the religious faith of the devotees and creating disharmony, by considering his representation dated 12.03....
Tag this Judgment!Court : Chennai Madurai
Decided on : Mar-17-2016
(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records of the order passed by the 1st respondent Tribunal dated 11.02.2016 in I.A.No.321 of 2016 in S.A.No.54 of 2016 in so far as the conditional order to pay Rs.40 lakhs in two installments and quash the same.) S. Manikumar, J. 1. Challenge in this writ petition, is to an order, made in I.A.No.321 of 2016 in S.A.No.54 of 2016, dated 11.02.2016, on the file of the Debts Recovery Tribunal, Madurai, by which, the Tribunal has granted stay of confirmation of the sale fixed on 12.02.2016, subject to the condition that the writ petitioner has to make payment of Rs.20,00,000/- to the 2nd respondent/Bank, directly on or before 11.03.2016, as first installment and another payment of Rs.20,00,000/- as the second installment on or before 11.04.2016. 2. Debts Recovery Tribunal, Madurai, has also made it clear that in the event of failure to make single payment, ad-interi...
Tag this Judgment!Court : Chennai Madurai
Decided on : Feb-24-2016
(Prayer: Criminal Appeals are filed under Section 374 of the Code of Criminal Procedure, 1973, against the Judgment dated 29.10.2013 passed in Sessions Case No.18 of 2010 by the First Additional District and Sessions Court, Madurai.) Common Judgment A. Selvam, J. 1. These Criminal Appeals have been directed against the convictions and sentences dated 29.10.2013 passed in Sessions Case No.18 of 2010 by the First Additional District and Sessions Court, Madurai. 2. The case of the prosecution is that due to previous animosity on 03.05.2009 at about 07.40 p.m., in Nehru Nagar, Vilangudi in front of the house of one Periyasamy, the second accused has abetted the first accused to murder the deceased by name Karuppasamy. The first accused has tried to attack the deceased Karuppasamy and at that time one Muthu has tried to deter him, but the second accused has caught hold of him. The first accused has attacked one Bhuvaneswari and thereby caused injury on her person. During the course of occur...
Tag this Judgment!Court : Chennai Madurai
Decided on : Feb-22-2016
(Prayer: Appeal filed under Clause 15 of Letters Patent, against the order made in W.M.P(MD)Nos.23 and 24 of 2016 in W.P(MD)No.23 of 2016 dated 05.01.2016.) S. Manikumar, J. 1. Challenge in this writ appeal, is to an order, made in W.M.P(MD)Nos.23 and 24 of 2016 in W.P(MD)No.23 of 2016, dated 05.01.2016. 2. W.P(MD)No.23 of 2016. has been filed. for the following relief:- ''To issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 04.12.2015 in Na.Ka.No.3526/AA5/2015 passed by the second respondent and quash the same and consequentially approve the representatives nominated by the petitioner society through its representation dated 29.06.2015 as members of the school committee of Hindu Nadar Uravinmurai Periayaki Rengasamy Girls Higher Secondary School, Nilakottai.'' 3. W.M.P(MD)Nos.23 and 24 of 2016, have been filed, for the following relief:- ''Prayer in W.M.P(MD)No.23 of 2016 : To pass an order of injunction restraining the respondents 1...
Tag this Judgment!Court : Chennai Madurai
Decided on : Feb-16-2016
(Prayers in Crl.O.P.(MD)1785/2016: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Juvenile Justice Board, Sivagangai to accept the surrender of the petitioner in connection with the Crime No.644 of 2015 on the file of the respondent police and to consider and pass orders in the bail application on the same day on surrender. Prayer in Crl.O.P.(MD)1941/2016: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Juvenile Justice Board, Thoothukudi to consider the petitioner's bail application and dispose of the bail application on the same day, if the petitioner surrenders before the learned Juvenile Justice Board, Thoothukudi in Crime No.25 of 2016 on the file of the respondent. Crl.O.P.(MD)2073/2016: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Juvenile Justice Board, Tuticorin to accept the surrender of the petitioner and consider the bail application on merits on the da...
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