S. Gnanaselvi v. G. Gopalakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2026

CORAM:

THE HONOURABLE DR. JUSTICE A.D.MARIA CLETE Tr.C.M.P. No. 616 of 2025 &617 of 2025 and C.M.P. No. 14901 of 2025 &14908 of 2025 Tr.C.M.P. No. 616 of 2025 1.S. Gnanaselvi 2.S. Vishnu Priya ... Petitioners Vs 1.G. Gopalakrishnan 2.Raghul Rukmangathan ... Respondents Tr.C.M.P. No. 617 of 2025 1.S. Gnanaselvi 2.S. Vishnu Priya ... Petitioners Vs G. Gopalakrishnan ... Respondent Prayer in Tr.C.M.P. No.616 of 2025: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the proceedings in O.S.No.152 of 2024 on the file of the District Munsif Court, Tambaram, and transfer the same to any other competent Court.

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Prayer in C.M.P. No.14901 of 2025: Petition filed under Section 151 of the Code of Civil Procedure to stay all further proceedings in O.S.No.152 of 2024 on the file of the District Munsif Court, Tambaram, pending disposal of the Transfer Civil Miscellaneous Petition.

Prayer in Tr.C.M.P. No.617 of 2025 Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the proceedings in RLTOP No.32 of 2024 on the file of the District Munsif Court, Tambaram and transfer the same to any other competent Court.

Prayer in C.M.P. No.14908 of 2025 Civil Miscellaneous Petition filed under Section 151 CPC to stay all further proceedings in RLTOP No.32 of 2024, pending disposal of the Transfer Civil Miscellaneous Petition.

For Petitioners : Mr.G.Iyyappa Raj For Respondents :Mr.V.Chandrakanthan

ORDER

1. Heard.

2. These Transfer Civil Miscellaneous Petitions are filed by the petitioners, who are tenants, seeking transfer of (i) O.S.No.152 of 2024 pending on the 2/6

file of the District Munsif Court, Tambaram and (ii) RLTOP No.32 of 2024 pending on the file of the District Munsif Court, Tambaram, initiated under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.

3. The respondent in Tr.C.M.P. No.617 of 2025 is the landlord and the petitioners are the tenants. The suit and the RLTOP proceedings are stated to be within the same territorial jurisdiction, namely, before the District Munsif Court, Tambaram.

4. Both the courts between which transfer is sought are within the same District Judiciary, and under Section 24(1)(a) CPC, the Principal District Judge is the competent authority to consider transfers between courts subordinate to that District Court.

5. On a careful consideration of the averments in the affidavits and the relief sought, this Court finds that the petitions do not disclose any valid or sufficient grounds warranting exercise of power under Section 24 of the Code of Civil Procedure. Mere apprehension or desire to have the matter 3/6

transferred to any other Court, without substantiating circumstances, cannot be a ground for transfer.

6. Further, if the petitioners are aggrieved by the forum or seek appropriate relief, the remedy available to them is to approach the concerned District Court by filing necessary applications, in the manner known to law. This Court, therefore, is not inclined to entertain these Transfer Civil Miscellaneous Petitions.

7. Accordingly, Tr.C.M.P. Nos. 616 and 617 of 2025 are dismissed. The interim stay granted earlier by this Court on 02.07.2025 stands vacated. Consequently, C.M.P. Nos.14901 and 14908 of 2025 are closed. There shall be no order as to costs.

23.01.2026 mfa 4/6

To The District Munsif, District Munsif Court, Tambaram 5/6

DR. A.D. MARIA CLETE, J mfa Tr.C.M.P. No. 616 of 2025 &617 of 2025 and C.M.P. No. 14901 of 2025 &14908 of 2025 23.01.2026 6/6