B.Kannan @ Karthikeyan v. The Spl Tahsildar (L.A)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI B.Kannan @ Karthikeyan ... Petitioner vs.

1. The Special Tahsildar (L.A) M.R.T.S. Phase - II Extension, Thirumayilai Railway Station, Mylapore, Chennai - 600 004.

2. The Secretary Balaji Nagar Government Employees welfare and House site society Adambakkam, Chennai 600 088.

... Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to transfer O.Ps No.1559/2021 along with connected Ops 1559/2021, 1561/2021, 1583/2021, 1601/2021, 1610/2021, 1618/2021, 1619/2021, 1625/2021 and 1644/2021 pending before the learned Sub Court, Alandur to the file of the learned Principal District and Sessions Judge, City Civil & Sessions Court, Chennai at the earliest. For Petitioner : Mr.Colonel Ganesan Associates For Respondent : No appearance for R1 Mr.P.Raja for R2

ORDER

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The petitioner / 4th th claimant in LAOP No.1559/2021 before the Sub Court, Alandur seeks transfer of LAOP No.1559/2021 along with connected LAOP Nos.1561/2021, 1583/2021, 1601/2021, 1610/2021, 1618/2021, 1619/2021, 1625/2021 and 1644/2021 from the file of the Sub Court, Alandur to the file of Principal District and Sessions Judge, City Civil & Sessions Court, Chennai.

2. Heard Mr.Colonel Ganesan, learned counsel for the petitioner and Mr.P.Raja, learned counsel for the second respondent.

3. The learned counsel for the petitioner would invite my attention to the Judgment of the Division Bench of this Court in a batch of Writ Appeal Nos.347 etc., of 2019, dated 05.03.2019 more specifically in paragraph nos.26 and 31 where the Hon'ble Division Bench, while disposing of the Writ Appeals, confirming the orders passed in the Writ Petitions, has directed the District Collector, Chennai to refer the matter to the Principal District Judge, City Civil Court, Chennai for disposal. The learned counsel would also invite my attention to the other similar orders and the fact that subsequently the Principal Judge, City Civil Court, Chennai having heard 2/6

one such matter in LAOP No.167 of 2023, passed final orders on 29.11.2024. The learned counsel for the petitioner would therefore state that the present Land Acquisition Original Petition will also have to be transferred to the file of the Principal District and Sessions Court, City Civil Court, Chennai.

4. Mr.P.Raja, learned counsel appearing for the Respondent per contra would state that though the city limits have been expanded to Adhambakkam technically falls within the jurisdiction of the Greater Chennai Corporation as on date, in so far as the jurisdiction of the Courts are concerned, there is no change and the Sub Court, Alandur is also a competent Court to try the LAOPs.

5. Be that as it may, though I find force in the submissions of the learned counsel for the second respondent, considering the fact that the Division Bench of this Court in several similar matters touching the very same Land Acquisition award, has chosen to direct the Principal District and Sessions Court, City Civil Court, Chennai to hear the matters and subsequently, final orders have also been passed by the Principal District Judge, City Civil Court, Chennai, I am inclined to accept the request of 3/6

transfer made by the petitioner.

6. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in LAOP No.1559/2021 along with connected LAOP Nos.1561/2021, 1583/2021, 1601/2021, 1610/2021, 1618/2021, 1619/2021, 1625/2021 and 1644/2021 are withdrawn from the file of the Sub Court, Alandur and transferred to the file of Principal District and Sessions Judge, City Civil & Sessions Court, Chennai.

7. Considering that the Land acquisition of the year 2013, the Principal District and Sessions Judge, City Civil Court, Chennai is requested to hear and dispose of the above LAOP cases as expeditiously as possible and in any event, within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs. 11.06.2025 vum Index : Yes/No Speaking Order : Yes / No To

1. The Sub Court, Alandur 4/6

2. The Principal District and Sessions Judge, City Civil & Sessions Court, Chennai P.B. BALAJI,J.

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