Madras High CourtTR CMP/1044/2023dismissed as infructuous

K.S.Yaswant Kumar v. K.R.Sadasivam

2024-07-16Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.25274 of 2023 K.S.Yaswant Kumar .. Petitioner Vs.

1.K.R.Sadasivam 2.S.Vijayarani 3.S.Madumithaa 4.P.Mallika 5.K.Poongothai 6.S.Harikumaran 7.E.Manikkam 8.M.Ugamathi 9.N.Balasubramaniam Page No 1 of 5

10.T.Clament 11.M.Felix Jayakumar 12.D.Thangaraj 13.S.L.Jeevananthan 14.L.Valarmathi 15.D.Premkumar 16.The Sub Registrar, Sub Registrar Office, Erode Main Road, Aval Poondurai (Post), Modakurichi Taluk, Erode District .. Respondents Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in O.S.No.379 of 2020 on the file of the learned I Additional District Judge at Erode and transfer the same to the file of the learned Additional District Judge at Namakkal.

For Petitioner : Mr.E.Shanmugasundaram, No Appearance For R1 and R2 : Mr.K.Subramanian For R3 : Mr.S.Ajithkumar For R4 and R9 : Mr.V.S.Kesavan For R6 to R8 : Mr.K.Mylsamy Page No 2 of 5

For R16 : Mr.M.Muthusamy Government Advocate RR5, 10, 11, 12, 14 & 15 : Served, No Appearance For R13 : Not Ready in Notice, No Appearance

ORDER

The matter was listed yesterday and the learned counsel for the petitioner was absent. Even today, the learned counsel for the petitioner is absent. Therefore, I heard Mr.K.Subramanian, appearing on behalf of the 1st and 2nd respondents, Mr.S.Ajithkumar, appearing on behalf of the 3rd respondent, Mr.V.S.Kesavan, appearing on behalf of respondent Nos.4 and 9, Mr.K.Mylsamy, appearing on behalf of respondent Nos.6 to 8 and Mr.M.Muthusamy, learned Government Advocate, appearing on behalf of the 16th respondent.

2. Mr.V.S.Kesavan and Mr.K.Mylsamy would invite my attention to Paragraph No.13 of the affidavit of the transfer petition and would point out that the ground on which the transfer was sought is that the post of the learned I Additional District Judge at Erode was Page No 3 of 5

vacant and hence, the petitioner/plaintiff wanted the matter to be transferred to the file of any other Court.

3. Mr.V.S.Kesavan would submit that after the transfer petition was entertained by this Court on 07.11.2023, a regular officer has been posted and has also assumed office as the learned I Additional District Judge at Erode and is conducting the proceedings.

4. Therefore, the basis for the transfer, namely the lack of Judicial Officer to man the Court, having vanished, there is no necessity to retain this transfer petition. Accordingly, the Transfer Civil Miscellaneous Petition stands dismissed as infructuous. No costs. The connected Civil Miscellaneous Petition is closed. 16.07.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 4 of 5

V. LAKSHMINARAYANAN, J.

mkn2 To The learned I Additional District Judge, Erode and C.M.P.No.25274 of 2023 16.07.2024 Page No 5 of 5