Kesava Krishnan v. L.Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.Nos.918 to 922 of 2015 and Tr.C.M.P.Nos.927 to 934 of 2015 and M.P.Nos.1 of 2015 and C.M.P.Nos.2284 to 2289 of 2015 Kesava Krishnan ... Petitioner in Tr.C.M.P.No.918 of 2015 D.Rajendran ... Petitioner in Tr.C.M.P.No.919 of 2015 R.Sivakumar ... Petitioner in Tr.C.M.P.No.920 of 2015 L.Indrajith ... Petitioner in Tr.C.M.P.No.921 of 2015 L.Siddharthan ... Petitioner in Tr.C.M.P.No.922 of 2015 V.Samuvel Raj ... Petitioner in Tr.C.M.P.No.927 of 2015 Tirupathy ... Petitioner in Tr.C.M.P.No.928 of 2015 S.Santheep ... Petitioner in Tr.C.M.P.No.929 of 2015 S.Angayarkanni ... Petitioner in Tr.C.M.P.No.930 of 2015 I.Punithavathi ... Petitioner in Tr.C.M.P.No.931 of 2015 S.Muralitharan ... Petitioner in Tr.C.M.P.No.932 of 2015 S.Karthik ... Petitioner in Tr.C.M.P.No.933 of 2015 I.Satishkumar ...

Petitioner in Tr.C.M.P.No.934 of 2015 Vs L.Rajendran ... Respondent in all Tr.C.M.Ps Prayer in all Transfer Civil Miscellaneous Petitions Transfer Civil Miscellaneous Revisions Petition filed under Section 24 of the Civil Procedure Code to withdraw the above R.C.O.P.Nos.

2013 and R.C.O.P.Nos.139,140,141,142 and 143 of 2015 respectively now pending on the file of the XVI Small Causes Court at Chennai and transfer the same to any other Court of Small Causes Court at Chennai.

For Petitioner in all Tr.C.M.Ps : Mr.M.Aravind Subramaniam For Respondent in all Tr.C.M.Ps : Mr.S.Muthudurai

O R D E R

The learned counsel for the respondent submits that these transfer Civil Miscellaneous Petitions filed under Section 24 of the code of Civil Procedure are not maintainable, in view of the existence of a specific rule framed under Tamilnadu Buildings (Lease and Rent Control) Act, 1960. The learned counsel refers to Rule 14 of Tamilnadu Buildings (Lease and Rent Control) Rules, 1974, which says that a case from one Rent Controller can be transferred to another Rent Controller by the Chief Judge of the Court of Small Causes at Chennai so far as the cases arising within the jurisdiction of the said Court is concerned and so far as the cases arising in the other areas are concerned, the power of transfer is given to the appellate Authority.

As it has been pointed out by the learned counsel for the respondent that the presence of such a Rule, makes the present Transfer Civil Miscellaneous Petitions not maintainable, the learned counsel for the petitioners submits that the petitions having been filed in this Court, namely a wrong Court, may be dismissed as withdrawn with liberty to present similar petitions before the Chief Judge of Small Causes Court, Chennai. Endorsements to that effect have been made.

2.

Endorsements are recorded and all the transfer Civil Miscellaneous Petitions are dismissed as withdrawn, with liberty to file similar petitions before the Chief Judge, Small Causes Court, Chennai.

No costs.

Consequently, connected miscellaneous petition are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar srn

To

1. The XVI Small Causes Court at Chennai

2. The Chief Judge, Samll Causes Court, Chennai. + 10cc to Mr.M.Aravind Subramaniam, Advocate SR.13422, 13421, 13423, 13424, 13425, 13427, 13428, 13430, 13431, 13432 Tr.C.M.P.Nos.918 to 922 of 2015 and Tr.C.M.P.Nos.927 to 934 of 2015 and M.P.Nos.1 of 2015 and C.M.P.Nos.2284 to 2289 of 2015 AD(CO) Eu 16.03.16