M.Samiayya v. S.Ramasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.2037 of 2023 M.Samiayya ... Petitioner Vs.

1.S.Ramasamy 2.National Insurance Co. Ltd Regina Mansion 3rd Floor, No.46, Moore Street, Chennai-600 001.

... Respondents Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the MCOP.No. 4375 of 2018 which is pending on the file of the Ld IV Small Causes Judge, Chennai and kindly transfer the same to Subordinate Court, Pudukkottai.

For Petitioner : M/s.C.S.S.Karthikeyan for M/s.Jury Brain Law Offices For Respondent : R.1 & R.2, served, No appearance 1/4

O R D E R

This petition has been filed to withdraw the M.C.O.P No. 4375 of 2018 which is pending on the file of the learned IV small Causes Judge, Chennai and transfer the same to the Subordinate Court, Pudukkottai.

2. The respondents though served have not entered appearance either in person or through counsel. Heard the learned counsel for the petitioner.

3. It is seen from the records the petitioner is residing at Pudukkottai, and he has filed a petition in M.C.O.P No. 4375 of 2018 for compensation, on the file of the IV Small Causes Court, Chennai, because the accident was occurred at Chennai-Tindivanam National Highways Road, near Karpaga Vinayaga College, Chinna Kolambakkam, Kanchipuram District. Now, he is facing difficulties to attend the case since because distance between his residence and Chennai is nearly 700 kilometers.

4. The reason assigned by the petitioner is justifiable. Hence, this Court is inclined to transfer M.C.O.P No. 4375 of 2018, pending on the file of the IV Small Causes Court, Chennai, to the Subordinate Court, Pudukkottai.

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5. Accordingly, the present Tr.C.M.P. is allowed and M.C.O.P No.4375 of 2018 pending on the file of the IV Small Causes Court, Chennai, is withdrawn and transferred to the file of the to Subordinate Court, Pudukkottai. Further, the concerned Court is directed to transfer the records in connection with M.C.O.P No.4375 of 2018, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 10.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The IV Small Causes Judge, Chennai 2.The Subordinate Court, Pudukkottai.

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P.T. ASHA . J., (shr) and C.M.P.No.2037 of 2023 10.02.2025 4/4