Raja Sherin v. M.D.M.Sheela Priyadharshini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)Nos.8822 and 9448 of 2021 1.Raja Sherin 2.Elias 3.Baby Saroja 4.Nirmal Subi 5.Stalin Prabhu ... Petitioners/ Respondents Vs.

M.D.M.Sheela Priyadharshini ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to pass an order to withdraw the case in D.V.C.No.28 of 2021 on the file of the learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District and transfer the same to the file of the learned Judicial Magistrate Court, Vallioor, Tirunelveli District or any other competent Court at Tirunelveli.

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For Petitioners : Mr.G.Anto Prince For Respondent : Party in Person

ORDER

The present transfer civil miscellaneous petition has been filed to transfer D.V.C.No.28 of 2021 on the file of the learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District to the file of the learned Judicial Magistrate Court, Vallioor, Tirunelveli District. 2.The case was heard on the previous occasion and on 01.03.2023, this Court had passed an interim order and called for the report from Judicial Magistrate No.1, Kuzhithurai. The learned Judicial Magistrate No.1, Kuzhithurai has addressed a communication, dated 09.03.2023 bearing reference D.No.1204/2023 wherein, it has been clarified that that the respondent was a practising advocate of Kuzhithurai Bar Association and the case is pending for 1 1⁄2 years and till date, no instance of any violence has taken place against the petitioner herein by the respondent or by the members of the Kuzhithurai Bar Association or by any mob of advocates. The petitioner perhaps apprehends that the respondent being an advocate may influence the members of the bar against the petitioner. It appears that the petitioner has also filed 2/5

Crl.O.P(MD)No.13416 of 2021 for anticipatory bail and an order came to be passed by this Court.

3. Considering the fact that the Judicial Magistrate No.1, Kuzhithurai, has given report indicating no untoward incident was happened when D.V.C.No.28 of 2021 was being heard, the Court is not inclined to entertain this petition to transfer the case. Accordingly, the petition filed for transfer of D.V.C.No.28 of 2021 on the file of Judicial Magistrate No.1, Kuzhithurai is dismissed. It is open for the petitioner to file appropriate application for police protection in case the petitioner apprehends that the respondent may bring harm to him.

4. With the above observations, the present Transfer Civil Miscellaneous Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 10.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District.

2.The Judicial Magistrate Court, Vallioor, Tirunelveli District.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN 10.03.2023 5/5