Paramasivam v. Ezhumalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA Paramasivam ...

Petitioner [in Tr.C.M.P.No.409 of 2022] Velmurugan ...

Petitioner [in Tr.C.M.P.No.416 of 2022] versus 1.Ezhumalai 2.Cholamandalam MS General Insurance Company Limited, Dare House, 2nd Floor, No.2, N.S.C. Bose Road, Chennai - 600 001.

...

Respondents [in both Tr.C.M.Ps] COMMON PRAYER: Petitions are filed under Section 24 of the Code of Civil Procedure, to withdraw M.C.O.P.Nos.917 & 919 of 2017 on the file of the learned Special Sub-Judge, Tirunelveli and to transfer the same to the file of the Sub-Court, Pondicherry, by allowing these petitions. 1/5

For Petitioner : M/s.Usha Ramman [in both Tr.C.M.Ps] For Respondents : No Appearance [in both Tr.C.M.Ps] C O M M O N O R D E R These petitions are filed to withdraw M.C.O.P.Nos.917 & 919 of 2017 from the file of the learned Special Sub-Judge, Tirunelveli and to transfer the same to the file of the Sub-Court, Pondicherry. 2.

Heard the learned counsel for the petitioners and perused the materials available on record. Though the notices were served on the respondents and their names printed in the cause list, there is no representation on behalf of the respondents.

3.

The petitioners have filed M.C.O.P.Nos.917 & 919 of 2017 on the file of the learned Special Sub-Judge, Tirunelveli, against the respondents seeking compensation, for the injuries sustained by them in the motor vehicle accident occurred on 08.04.2017. Now, the petitioners herein, who are permanent residents of Pondicherry, seeking a direction to withdraw M.C.O.P.Nos.917 & 919 of 2017 pending on the file of the 2/5

learned Special Sub-Judge, Tirunelveli and transfer the same to the file of Sub-Court, Pondicherry.

4.

The learned counsel for the petitioners submitted that at the time of accident, the claimants were injured and hence, they had filed the Petitions at Tirunelveli. Since the petitioners are permanent residents of Pondicherry and will be difficult for them to travel from Pondicherry to Tirunelveli covering a distance of 550 Kms for attending the Court proceedings at Tirunelveli, it will be ideal if the proceedings are transferred from Tirunelveli to Pondicherry.

5.

Accordingly, these Transfer Civil Miscellaneous Petitions are allowed. The petitions in M.C.O.P.Nos.917 & 919 of 2017 filed by the petitioners are ordered to be withdrawn from the file of the learned Special Sub-Judge, Tirunelveli and transferred to the file of the SubCourt, Pondicherry. The learned Special Sub-Judge, Tirunelveli is directed to transmit all the records pertaining to M.C.O.P.Nos.917 & 919 of 2017 to the file of the Sub-Court, Pondicherry, within a period of two weeks from 3/5

the date of receipt of a copy of this order. However, there is no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 28.06.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri To 1.The Special Sub-Judge, Tirunelveli.

2.The Sub-Court, Pondicherry.

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R.N.MANJULA , J.

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