Chellappan v. V.Velraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Chellappan 2.Pichaiammal 3.Veerammal ... Petitioners/Petitioners Vs.

1.V.Velraj 2.The Branch Manager, Oriental Insurance Co., Limited, 1548, Tenkasi Road, Rajapalayam.

... Respondents/Respondents PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the return of claim petition by its Docket order dated 12.07.2023 in M.C.O.P.No.103 of 2017 on the file of the Motor Accident Claims Tribunal/Sub Court, Sivakasi and direct the Motor Accident Claims tribunal/Sub Court, Sivakasi to pronounce the order in M.C.O.P.No.103 of 2017 as expeditiously within time frame as may be fixed by this Court.

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For Petitioner : Mr.C.Selvakumar

ORDER

This revision petition is preferred against the order of return passed by the Tribunal namely the Motor Accident Claims Tribunal/Sub Court, Sivakasi, to represent the petition before the Tribunal which have territorial jurisdiction.

2.The learned counsel for the revision petitioner would submit that since one of the respondent is carrying on business within the territorial jurisdiction of Motor Accident Claims Tribunal/Sub Court, Rajapalayam, it may be transferred to that Tribunal.

3.Considering the request made by the learned counsel for the revision petitioner, there shall be a direction to the revision petitioner to present this petition before the Motor Accident Claims Tribunal/Sub Court, Rajapalayam, within a period of fifteen days from the date of receipt of a copy of this order. In the meantime, let the entire records related to the M.C.O.P.No.103 of 2017 on the file of the Motor Accident Claims Tribunal/Sub Court, Sivakasi, be transferred to the Motor 2/5

Accidents Claims Tribunal/Sub Court, Rajapalayam and the Motor Accident Claims Tribunal/Rajapalayam, is directed to renumber the same and proceed the matter in accordance with law and dispose of the same at the earliest, since the matter is for the year 2017. Since the evidence is already over, arguments to be heard and orders shall be passed. No more evidence is required. Let the original petition be returned to the petitioner by the Registry to represent the same before the Motor Accident Claims Tribunal/Sub Court, Rajapalaym.

4.With the above said directions, this civil revision petition stands disposed of. No costs.

15.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Subordinate Judge, Subordinate Court / Motor Accidents Claims Tribunal, Sivakasi.

2.The Subordinate Judge, Subordinate Court / Motor Accidents Claims Tribunal, Rajapalayam.

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3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 15.03.2024 5/5