Sri Visweswaraswamy And v. The Settlement Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:7-4-2015
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Tr.CMP.No.43 of 2015 & M.P.No.1 of 2015 Sri Visweswaraswamy and Veeraraghava Perumal Devasthanam, Tirupur, Rep. by its Executive Officer, C.Sivaramasuriyan, Tiruppur Nagar and Taluk Coimbatore District.
... Petitioner
Versus
1.The Settlement Tahsildar Gobichettipalayam.
2.T.S.Savandappan 3.S.Ramaraj 4.Lebbai Sunnath Jamath 5.Viswakumar 6.Dhandapani 7.K.Mani 8.Minor Venkatachalam 9.Kasi Viswanathan 10.Rangaswamy 11.Rathanasabapathy 12.Sankaralingam 13.Arunachalam 14.Minor Balakrishnan S/o.Senniappa Mudaliar rep. by guardian mother Sivachalam Near Dhanalakshmi Theatre, Kongu Nagar Road, Tirupur Town, Taluk & District.
15.Minor Rajendran, S/o.Senniappa Mudaliar, Rep. by guardian mother Sivachalam Near Dhanalakshmi Theatre, Kongu Nagar Road, Tirupur Town, Taluk & District.
16.Chinnaswamy Gounder 17.Narayanaswamys Gounder
18.Ariya Vaisya Sangam, rep. by its President, Eswaran Koil Street, Tiruppur 19.Palaniappa Mudaliar ... Respondents Causetitle accepted vide order dated 20.01.2015 made in M.P.No.1/2014 in Tr.CMP.No.53812/14 This petition is filed under Section 24 of C.P.C. to withdraw CMA.No.198 of 1990 pending on the file of Minor Inams Tribunal-cumPrincipal Subordinate Judge, Coimbatore and transfer the same to Minor Inams Tribunal-cum-Principal Subordinate Judge, Tirupur for hearing and disposal.
For Petitioner : Mrs.R.Gowri For Respondents : Mr.J.Franklin for R4.
ORDER
This petition has been filed to transfer CMA.No.198 of 1990 pending on the file of Minor Inams Tribunal-cum-Principal Subordinate Judge, Coimbatore to the file of Minor Inams Tribunal-cum-Principal Subordinate Judge, Tirupur as the property is situated within the jurisdiction of Tirupur.
2.
Though Mrs.R.Gowri, learned counsel appearing for the petitioner and Mr.J.Franklin learned counsel appearing for the 4th respondent. Respondents 1 to 3, 5 to 9, 16,17 and 19 have refused to receive notice. Refusal to receive notice would amount to service of notice on them. Respondents 11,14 and 15 died. Respondents 10,13,12 and 18 were served and their names have been printed in the cause list.
3.
As the jurisdiction of the matter comes within the jurisdiction Tirupur, the CMA.No.198 of 1990 is required to be transferred to the Principal Sub-Court, Tirupur only for the purpose of adjudication of the case on merits.
4.
Therefore, without going into merits of the claim of the parties, C.M.A.No.198 of 1990 is transferred from the Minor Inams Tribunal-cum-Principal Subordinate Judge, Coimbatore to the file of Minor Inams Tribunal-cum-Principal Subordinate Judge, Tirupur as the property is situated within the jurisdiction of Tirupur. 5.
The Principal Subordinate Judge, Tirupur is directed to issue notice to all the parties to adjudicate the issue and after
hearing the parties decide the matter on merits. Accordingly the Tr.C.M.P.No.43 of 2015 is ordered. No costs. Consequently the connected M.P.No.1 of 2015 is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vk To 1.Minor Inams Tribunal-cum-Principal Subordinate Judge, Tirupur. 2.Minor Inams Tribunal-cum-Principal Subordinate Judge, Coimbatore. 1 cc to Mr. Mrs.R.Gowri,Advocate, SR.No.19149 Tr.CMP.No.43 of 2015 ala(co) pmk.8.5.2015