Madras High CourtTR CMP(MD)/233/2022dismissed

Rajakumari v. A.Leela

2022-06-06Honourable Mr Justice B.Pugalendhi2 pages

TR CMP(MD)No.233 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 06.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI TR CMP(MD)No.233 of 2022 and C.M.P(MD)No.4048 of 2022 Rajakumari ... Petitioner/1st Respondent Vs 1.A.Leela 2.A.Ramesh Babu 3.A.Punitha 4.A.Nirmal ... Respondents 1 to 4/ Petitioners 1 to 4 5.The Chief Officer, PCDA(P) Office, PPO Section, Dhrowpathigot, Alagapath, State of Uttar Pradesh.

6.The Secretary, The Union of India, Ministry of Defence, New Delhi.

7.The District Collector, The Office of the District Collector, Kokirakulam, Thirunelveli District -627 009.

... Respondents 5 to 7/ Respondents 2 to 4 PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in M.H.O.P.No.189 of 2017 pending on the file of the Court of III Additional District Judge, Tirunelveli District and to Transfer the same to the file the I Additional District Judge, Tenkasi District. For Petitioner : Mr.R.Suresh Kumar

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the case in M.H.O.P.No.189 of 2017 on the file of the Court of III Additional District Judge, Tirunelveli District and to transfer the same to the file of the Court of I Additional District Judge, Tenkasi District.

2.The learned Counsel for the petitioner submits that respondents 1 to 4 filed a petition in M.H.O.P.No.189 of 2017 on the file of the III Additional District Judge, Tirunelveli as against the petitioner praying to declare one Anappan @ Anandhan, who is the father of respondents 2 to 4 is a lunatic person and for appointing the second respondent as the guardian for maintaining the suit property.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR CMP(MD)No.233 of 2022 3.The learned Counsel further submits that there is a life threat to the petitioner and his family members, when he appears in the court and the petitioner has also lodged complaints in this regard.

4.This transfer miscellaneous petition is filed on the ground that there is a life threat to the petitioner. It is seen from records that the petitioner is a resident of Tirunelveli and he is also running a computer centre in Tirunelveli. But he seeks transfer of case from Tirunelveli to Tenkasi. If at all the petitioner is having any real life threat, it is always open to him to pursue the earlier complaints lodged by him. This Court is not inclined to accept the grounds raised by the petitioner and accordingly this transfer civil miscellaneous petition stands dismissed. No costs. Sd/- Assistant Registrar (T&P) // True Copy // /07/2022 Sub Assistant Registrar(CS) dsk To The III Additional District Judge, Tirunelveli District.

COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.R.SURESH KUMAR, Advocate (SR-24528[F] dated 08/06/2022) TR CMP(MD)No.233 of 2022 06.06.2022 nsn(CO) GC(06.07.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2