Kamarajar Port Limited v. B.Ethiraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE Kamarajar Port Limited Represented by its Deputy General Manager (Civil), having office at No.17, Jawahar Building, Rajaji Salai, Chennai 600 001 ..Petitioner(s) Vs

1. B.Ethiraj S/o Balaraman, No.62/25, Manickam Street, Choolai, Chennai 600 112

2. The District Collector Tiruvallur

3. The Special District Revenue Officer Chennai Peripheral Ring Road Project, Ponneri

4. The Divisional Engineer (highways) Construction and Maintenance, Tiruvallur ..Respondent(s) To direct the Honble Principal District Court, Tiruvallur to withdraw and transfer LAOP.No.459 of 2024 to the file of Honble Sub Court, Ponneri to be tried along with LAOP.Nos.73 and 74 of 2010 and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice For Petitioner(s):

Mr. Krishna Ravindran For Respondent(s):

Ms.Lita Srinivasan for R1 Mr.M.Rajendran for R2 to R4

Order Heard

2. This Transfer Civil Miscellaneous Petition is filed by the petitioner seeking transfer of L.A.O.P. No.459 of 2024 from the file of the Principal District Court, Tiruvallur to the file of the Sub Court, Ponneri, to be tried along with L.A.O.P. Nos.73 and 74 of 2010 pending on the file of the Sub Court, Ponneri.

3. The petitioner's case, in substance, is that the compensation amounts in issue stand deposited to the credit of L.A.O.P. Nos.73 and 74 of 2010 before the Sub Court, Ponneri; that this Court, while disposing of the connected proceedings/appeal suits, issued directions to the competent authority to make a reference under the relevant Highways enactment to the Sub Court, Ponneri or the jurisdictional Court for determination as to the person entitled to receive the compensation; that pursuant to such direction, the official respondents have made a reference which has been numbered as L.A.O.P. No.459 of 2024 before the Principal District Court, Tiruvallur; and that, if the reference is proceeded with in the Principal District Court, Tiruvallur, it would result in parallel proceedings and avoidable delay, whereas an adjudication along with the pending

L.A.O.Ps. before the Sub Court, Ponneri would ensure consistency and expeditious disposal.

4. Learned counsel for the petitioner reiterated the above and submitted that the reference should be before the very court where the earlier L.A.O.Ps. are pending and where the deposits are maintained, namely the Sub Court, Ponneri.

5. Learned counsel for the respondent Government submitted that, after the commencement of the relevant enactment, the District Court became the court of competent jurisdiction and, therefore, the reference was rightly made to the District Court. Learned counsel further submitted that the Sub Court, Ponneri, had jurisdiction only at the time of the acquisition proceedings, whereas on the relevant date the District Court-and not the Sub Court-was the jurisdictional court. In that view of the matter, it was contended that the present transfer request does not survive for consideration.

6. This Court had, in the earlier proceedings, directed that the reference be made to the Sub Court, Ponneri / jurisdictional court for determination of entitlement to compensation. In view of the Government's present submission that, on the relevant date of reference, the District Court was the court of competent jurisdiction, the reference having been made to the

Principal District Court, Tiruvallur, and that Court having taken cognizance of the matter, the same cannot be faulted.Consequently, the prayer for transfer of L.A.O.P. No.459 of 2024 to the Sub Court, Ponneri is misconceived.

.7. In these circumstances, this Court is not inclined to exercise jurisdiction under Section 24 CPC to order a transfer. The Principal District Court, Tiruvallur is directed to take up the matter and complete the case within the period if six months without fail from the date of receipt of copy of this order.

8. Thus this Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, the connected miscellaneous petition, if any, stands closed. 27-02-2026 Index: Yes/No Speaking/Non-speaking order MFA

To

1. Sub Court, Ponneri

2. Principal District Court, Tiruvallur

DR.A.D.MARIA CLETE J.

MFA 27-02-2026