T.M.Mohammed Meeran, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.10.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.BASKARAN Tr.CMP.(MD).No.420 of 2017 and C.M.P.(MD).No.8559 of 2017 T.M.Mohammed Meeran ... Petitioner/Petitioner vs.
1. The State of Tamil Nadu rep. By the District Collector, Karur.
2. The Executive Officer, Pallapatti Town Panchayat, Aravakurichi Taluk, Karur District.
3. The AE/Junior Engineer ( O & M) Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Urban, Pallapatti-639207.
4. The Tahsildar, Aravakurichi Taluk, Karur District.
5. The Sub Registrar, Sub Registrar Office Street, Aravakurichi-639 201.
6.P.Nagamuthu 7.Sahul Hameed, S/o.Mohammed Ismail Rowther 8.Nisar Ali, S/o.Mohammed Ismail Rowther 9.Mohammed Faruk 10.Shiek Dawood 11.Pavidha Begum 12.Baridha Begaum 13.Mohammed Ali, S/o.Abdul Azeex 14.Saburamal 15.Harun 16.Mumtaaz Begum 17.Mohammed Sarfudeen 18.Nizaar Ali, S/o.Mohammed Ibraheem 19.Kamaludeed 20.Jafar Ali
21.Surfuneesa 22.Fathima Jinnah 23.K.Y.Ismail 24.S.S.A.Anwar Ali 25.Noorjahan 26.E.S.Ansar Ali 27.Mohammed Surfudeen, S/o.E.A.Sahul Hameed 28.Mohammed Haneefa 29.Mohammed Ali, S/o.E.A.Sahul Hammed 30.Mohammed Surfudeen, S/o.Mohammed Haneefa Rowther 31.Sidek Ali 32.Mumtaz Begum 33.Satya Murthy 34.T.M.Hameedha 35.Liquath Ali 36.Sahul Hameed, S/o.Koolaiappa Rowther 37.Zubaidha Barzana 38.Basheera Kani Beevi 39.Habeeb Rahman 40.Azeez Rahman 41.Ubaidhu Rahman 42.Raheema Thai 43.Maryam Thai 44.Mumtaz Begum 45.Rabya Begum 46.Kalilul Rahman 47.Mohammed Ali, S/o.Mohmmed Ibrahim Rowther ... Respondents/Respondents (R-7 to R-47 are exonerated by petitioner's counsel, as per endorsement made by him on 10.07.2017 So, further notice to R7 to R47 are not necessary) Prayer: Petition filed under Section 24 of C.P.
C to withdraw and transfer the original suit in OST.No.30 of 2017 on the file of the Magalir Neethi Mandram (Fast Track Mahila Court), Karur and transfer the same to the Principal District Court, Karur. For Petitioner : Mr.T.M.Mohammed Hisham Arafat For Respondents : Mr.D.Muruganandham Additional Government Pleader for RR-1 to 5 Mr.K.
ORDER
The petitioner has come forward with this petition seeking transfer of O.S.T.No.30 of 2017, pending on the file of the Magalir Neethi Mandram (Fast Track Mahila Court), Karur to the Principal District Court, Karur. The petitioner expresses
certain apprehensions and on that ground, he has sought for transfer.
2.The respondents 1 to 6 appeared through counsel and they have no objection for transfer of O.S.T.No.30 of 2017 from the file of the Magalir Neethi Mandram (Fast Track Mahila Court), Karur to the Principal District Court, Karur. Respondents 7 to 47 are exonerated by the petitioner's counsel, as per the endorsement made by him on 10.07.2017.
3.Even though the apprehensions expressed by the petitioner in the affidavit are not substantiated, since all the contesting parties have given consent for transfer of the matter to the Principal District Court, Karur, this Court is inclined to entertain the petition.
4.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. Consequently, O.S.T.No.30 of 2017, pending on the file of the Magalir Neethi Mandram (Fast Track Mahila Court), Karur is ordered to be withdrawn and transferred to the file of the Principal District Court, Karur. The Principal District Court, Karur is directed to dispose of the matter as expeditiously as possible.
No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (Crl side) /True copy/ Sub Assistant Registrar To
1. The Presiding Judge, Mahalir Neethimandram, Fast Track Mahile Court, Karur.
2. The Principal District Judge, Karur.
+ 1 CC TO MR.Mr.K.Hariharan , ADVOCATE IN SR No.81801 + 1 CC TO MR.Mr.T.M.Mohammed Hisham Arafat,ADVOCATE IN SR No.81772 vs MK/KK/SAR-2/26.10.2017/3P/5C Tr.C.M.P.(MD).No.420 of 2017 06.10.2017