Vanjimuthu v. The Competent Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.120 of 2017 and C.M.P(MD)Nos.2744 and 3403 of 2017 Vanjimuthu ... Petitioner/6th Respondent Vs.

1.The Competent Authority, District Revenue Officer, Dindigul.

... 1st Respondent/Petitioner 2.Ravi & Company Bankers, No.62, Kulandaivelan Street, Dindigul, represented by Muthaiyar (died) 3.M.Ravichandran 4.Ganesh Banu 5.Ramesh Banu 6.M.Vasudevan ... Respondents 2 to 6 / Respondents 1 to 5 7.Soundararaja Mills Private Ltd., represented by its Power Agent, R.Vimal Kannan ... 7th Respondent/ 8th Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in O.A.No.19 of 2011 pending on the file of Special Court under TNPID Act, Madurai and transfer the same to any other Special Court under TNPID Act having competent jurisdiction.

For Petitioner : Mr.R.Janakiramulu For Respondents :Mr.A.KBaskarapandian Special Government Pleader for R.1 Mr.K.Chellapandian Senior Counsel for Mr.R.J.Karthick for R.2 to R.6 Mr.C.Jeganathan for M/s.Veera Associates for R.7 https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

The petitioner seeks transfer of the proceedings in O.A.No.19 of 2011 pending on the file of the Special Court under the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments), Act, 1997, (in short 'TNPID Act, 1997').

2. Admittedly, the proceedings of the year 2011 which was disposed of in the year 2014, was reopened pursuant to the direction of this Court made in W.P(MD)No.4124 of 2016, dated 22.07.2016 and the said order contains a specific direction to the Special Court under the TNPID Act, 1997, to dispose of the said O.A.No.19 of 2011 within a period of three months from the date of receipt of a copy of the order.

3. It is now stated that the proceedings are almost over and the oral evidence was closed as early as on 26.10.2016 and the arguments on the side of the respondents 2 to 6 herein were also completed in March 2017.

4. At this stage, the present petition for transfer making wild allegations against the Presiding Officer. The language used in the affidavit filed in support of this petition, is highly derogatory and condemnable and hence, I have no hesitation to hold that this petition is a ruse to delay the proceedings in O.A.No.19 of 2011.

5. Hence, this Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, C.M.P(MD)No.2744 of 2017 is dismissed and C.M.P(MD)No.3403 of 2017 is closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The Competent Authority District Revenue Officer Dindigul.

+1 CC TO MR.R.J.KARTHICK,ADVOCATE,SR NO.52434 +1 CC TO MR.VEERA ASSOCIATES, ADVOCATE,SR NO.52634 +1 CC TO MR.R.JANAKIRAMULU ,ADVOCATE,SR NO.52684 rsb MAS/MR:20.04.2017:2P-5C Tr.C.M.P(MD)No.120 of 2017 and C.M.P(MD)Nos.2744 and 3403 of 2017 18.04.2017 https://hcservices.ecourts.gov.in/hcservices/