Tamil Nadu Video And Photographers Association v. M. Muthu @ Selvamuthukumaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN TR CMP No.1188 of 2023 and CMP No.28547 of 2023 1.Tamil Nadu Video and Photographers Association Represented by its President S.Sivakumar 2.G.Suresh Treasurer Tamil Nadu Video and Photographers Association. Petitioner(s)/Defendants 1 and 2 Vs 1.M.Muthu @ Selvamuthukumaran General Secretary, Tamil Nadu Video and Photographers Association, Cuddalore 607001.

1st Respondent/Plaintiff 2.Indian Bank Elakkaimpatti Branch, Salem Main Road, Dharmapuri, Represented by its Branch Manager 2nd Respondent/3rd Defendant Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw the suit in O.S.No.33 of 2023 from the file of the Subordinate Court, Cuddalore and transfer the same to the file of the Subordinate Court,

Tiruchirappalli.

For Petitioner(s):

Mr.P.R.Krishnaraj For R1:

Mr.S.Umapathy

ORDER

The defendants 1 and 2 have come up with this petition seeking transfer of O.S.No.33 of 2023 from the file of the Subordinate Court, Cuddalore, to the file of the Subordinate Court, Thiruchirapalli. 2.

The learned counsel appearing for the petitioners/defendants 1 and 2 would submit that the suit is filed for declaration to declare that the illegal resolution passed by the first defendant with minor persons against rules and regulations of the Tamil Nadu Video and Photographers Association on 30.12.2022 is null and void and for consequential injunction. He would further submit that no part cause of action for the suit arises at Cuddalore and the Subordinate Court, Cuddalore does not have any

jurisdiction to try the suit. On the other hand, the Court at Thiruchirapalli, where the registered office is situated, alone has jurisdiction to try the suit in relation to the activities of the association. Further, he would submit that if the suit is transferred, the first respondent/plaintiff will not be prejudiced in any manner, as the registered office of the first defendant is situated at Thiruchirapalli.

3.

Per contra, the learned counsel appearing for the first respondent/plaintiff would submit that the petitioners/defendants also filed an application in I.A.No.259 of 2023 in O.S.No.33 of 2023 under Order VII Rule 11 CPC and Section 151 CPC to reject the plaint, wherein, the first respondent/plaintiff has filed a detailed counter affidavit and the same is pending for adjudication. He would further submit that the Tamil Nadu Video and Photographers Association is available in every district and the ground reasons mentioned in the affidavit is not sufficient to transfer the case from the file of the Subordinate Court, Cuddalore, to the file of the Subordinate Court, Thiruchirapalli.

4.

It is seen from the records that the suit in O.S.No.33 of 2023 is

filed by one Muthu @ Selvamuthukumaran, General Secretary, Tamil Nadu Video and Photographers Association, Cuddalore, as against Tamil Nadu Video and Photographers Association represented by its President Sivakumar/D1 and G.Suresh/D2, Treasurer, Tamil Nadu Video and Photographers Association and Indian Bank, represented by its Branch Manager/D3, Dharmapuri. It is also seen that the first petitioner/first defendant has filed a written statement.

5.

It is now brought to the notice of this Court that the petitioners/defendants 1 and 2 have filed an application to reject the plaint in I.A.No.259 of 2023 on the ground that the suit has not disclosed cause of action, in which, the first respondent/plaintiff has also chosen to file a counter affidavit and the same is pending for adjudication. 6.

In the present petition, the reasons for transferring the case from the file of the Subordinate Court, Cuddalore, to the file of the Subordinate Court, Thiruchirapalli, are that no part cause of action arise for filing the suit and the Subordinate Court, Cuddalore, have no jurisdiction to entertain the suit. The reasons stated in the affidavit is not sufficient to consider the

transfer of suit from the file of the Subordinate Court, Cuddalore, to the file of the Subordinate Court, Thiruchirapalli. Hence, this Court is not inclined to allow the petition.

Accordingly, this civil revision petition stands dismissed. The Court below shall dispose of the suit as expeditiously as possible. No costs. Connected C.M.P. is closed.

07.10.2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To The Subordinate Judge, Cuddalore

M.JOTHIRAMAN J.

nsd TR CMP No.1188 of 2023 07.10.2025