M.Veermuthu v. Madhivanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 5233 of 2025 and CMP No.26336 of 2025

1. M.Veermuthu S/o. Sengan @ Mottaiya Padayachi, Appamasamuthiram Village, Narasingapuram Post, Attur Taluk, Salem District-108.

Petitioner(s) Vs

1. Madhivanan S/o. Ramasamy Padayachi, Selliamman Palayam, Narasingapuram Post, Attur Taluk, Salem District-108.

Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the order dated 12.09.2025 made in TR OP.No. 89 of 2023 in OS No. 71 of 1977 on the file of the Principal District Munsif Court. For Petitioner(s):

Mr. Samjayaraj Houston For Sarvabhauman Associates

ORDER

This civil revision petition is filed, challenging the order passed by the learned Principal District Munsif, Attur, dismissing the application filed by the petitioner, seeking transfer of O.S.No.71 of 1977 pending on the file of Principal District Munsif, Attur to the file of any other District Munsif Court, Salem.

2. The petitioner herein sought transfer of the above said suit on two grounds, viz., (a) The Presiding Officer of the concerned court acted in prejudicial manner against the petitioner.

(b) The respondent allegedly intimidated the petitioner, when he attended the court proceedings at Attur.

3. It is seen from the impugned order that the then Presiding Officer of the Trial Court got transferred and now, the new Presiding Officer has taken charge. Therefore, the first ground raised by the petitioner is no longer available.

4. As far as the allegation of intimidation is concerned, the Trial Court observed that the petitioner has not produced any police complaint or the receipt issued by the police before the court to substantiate his plea that there was

intimidation by the respondent. If really there was an intimidation by the respondent, the petitioner should have been given complaint before the law enforcing authority. In the absence of any material before the learned District Judge to substantiate the plea of intimidation, the transfer petition was rightly dismissed by the court below and I do not find any error to interfere the same.

5. Accordingly, this civil revision petition is dismissed, confirming the impugned order passed by the Trial Court. There shall be no order as to costs. Connected miscellaneous petition is closed.

31-10-2025 Internet: yes Index: Yes/No MST To The Principal District Munsif, Attur.

S.SOUNTHAR J.

MST 31-10-2025