Madras High CourtTR CMP/636/2013dismissed

M.P.Saminathan v. The State Of Tamilnadu

2017-02-21Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.636 of 2013 and M.P.No.1 of 2013 M.P.Saminathan .. Petitioner Vs.

1. The State of Tamil Nadu, Represented by Home Secretary, Fort St.George, Chennai-600 009.

2. The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore.

3. The District Superintendent of Police, Tirupur District.

4. The District Collector, Tirupur.

.. Respondents Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw the suit in O.S.No.61 of 2013 on the file of the Principal District and Sessions Court, Tirupur and to transfer the same to the District and Sessions Court, Coimbatore.

For petitioner : Mr.N.Ramesh For respondents : No appearance

ORDER

This Tr.C.M.P. is filed by the plaintiff in O.S.No.61 of 2003, which is filed to direct the respondents/defendants to pay damages of Rs.15 lakhs for the illegal custody and detention of the plaintiff on 06.02.2012. The defendants are the Police authorities and the District Collector. It is alleged that the petitioner himself being a former Minister of the State of Tamil Nadu, the evidence may be tampered with at any point of time, if the suit is continued in Tirupur. Hence, he has sought for transfer of the suit to the District Court, Coimbatore. The said apprehension of the petitioner is only an imagination and the transfer of cases as prayed for, cannot be ordered under Section 24 CPC for such flimsy reasons. The said apprehension in the mind of the petitioner that the evidence will be tampered https://hcservices.ecourts.gov.in/hcservices/

and may go against him, cannot be entertained. Hence, the Tr.C.M.P. is dismissed. No costs. The Miscellaneous Petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar cs Copy to

1. The Principal District Court, Tirupur.

2. The Principal District Court, Coimbatore.

3. The Home Secretary,State of Tamil Nadu Fort St.George, Chennai-600 009.

4. The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore.

5. The District Superintendent of Police, Tirupur District.

6. The District Collector, Tirupur.

+1 cc to Mr.N.Ramesh Advocate sr 11013 +1 cc to Special Government Pleader(Cs) sr 11476 Tr.C.M.P.No.636 of 2013 sv(co) aa07/03/2017 https://hcservices.ecourts.gov.in/hcservices/