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Madras High CourtTR CMP(MD)/160/2024allowed

S.Ramesh v. The District Collector,

2024-03-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and C.M.P(MD)No. 3305 of 2024 S.Ramesh ... Petitioner Vs 1.The District Collector, Kanyakumari District, Collectorate Campus, Nagercoil, Agastheeswaram Taluk, Kanyakumari District.

2.The Sub Collector, Nagercoil,Collectorate Campus, Agasteeswaram Taluk, Nagercoil, Kanyakumari District.

3.The Tahsildar, Agasteeswaram Taluk, Collectorate Campus, Nagercoil, Kanyakumari District.

4.Anithakumari ... Respondents 1/4

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to pass appropriate orders to withdraw and transfer the suit in O.S.No.229 of 2019 pending before the IInd Additional District Munsif Court, Nagercoil to the file of Principal District and Sessions Court, Kanyakumari at Nagercoil and dispose the same in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.V.Meenakshi Sundaram For R1 to R3 : Mr.J.Ashok Additional Government Pleader For R4 : Mr.P.Thiyagarajan

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw and transfer the suit in O.S.No.229 of 2019 pending before the IInd Additional District Munsif Court, Nagercoil to the file of Principal District and Sessions Court, Kanyakumari at Nagercoil and dispose the same in accordance with law within the time stipulated by this Court.

2. Learned counsel for the respondent would submit that if any transfer is ordered, let a direction may be issued to the Principal District and Sessions Judge, Kanyakumari, to dispose the suit within a short time. 2/4

3. The parties are at liberty to make a request before the concerned Court. Depending upon the pendency, the learned Principal District and Sessions Judge, Kanyakumari, may consider the request.

4. Accordingly, this Transfer Civil Petition is allowed. There shall be a direction to the learned IInd Additional District Munsif Court, Nagercoil, to transfer the entire records in O.S.No.229 of 2019, immediately to the file of the learned Principal District and Sessions Judge, Kanyakumari @ Nagercoil. After receiving the records, the learned Principal District and Sessions Judge, Kanyakumari @ Nagercoil, may assign new number and issue notice to parties for appearance and dispose the case in accordance with law. Consequently, connected miscellaneous petition is closed. No costs. 08.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J.

pnn To

1. The IInd Additional District Munsif Court, Nagercoil.

2. The Principal District and Sessions Judge, Kanyakumari at Nagercoil.

ORDER

IN and C.M.P(MD)No.3305 of 2024 08.03.2024 4/4