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Madras High CourtTR CMP(MD)/680/2023allowed

Pushpalatha, v. The Managing Director,

2023-11-08Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.680 of 2023 and C.M.P.(MD)No.15164 of 2023 1.Pushpalatha 2.Dhanyashri 3.Minor.Vigneshwaran 4.Chellammal : Petitioners/Petitioners Vs.

The Managing Director, Tamil Nadu State Transport Corporation, Tiruchirapalli District.

: Respondent/ Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Civil Procedure Code, to withdraw the case in M.C.O.P.No.326 of 2016 on the file of the Principal District Court Perambalur and to transfer the said case to the Special District Court to deal with MCOP cases, Tiruchirappalli.

For Petitioners : Mr.C.Vakeeswaran 1/4

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in M.C.O.P.No.326 of 2016 on the file of the Principal District Court Perambalur and to transfer the said case to the Special District Court to deal with MCOP cases, Tiruchirappalli.

2. The learned counsel for the petitioners would submit that the accident in question was occurred on 17.12.2012 at Trichy and that since the claimants were residing at Perambalur, the claim petition came to be filed before the Principal District Court, Perambalur; that subsequently, the claimants have shifted their residence to Trichy and that the connected case in M.C.O.P.No.437 of 2016 was ordered to be transferred from the file of the Principal District Court, Perambalur to the Special District Court to deal with MCOP cases, Tiruchirappalli, by this Court vide order dated 10.03.2023 in Tr.CMP(MD)No.130 of 2023.

3. Considering the fact that the connected case has already been transferred and also the fact that both the parties/claimants are residing at Trichy, this Court is inclined to allow the petition. 2/4

4.In the result, the Transfer Civil Miscellaneous Petition is allowed. The case in M.C.O.P.No.326 of 2016 on the file of the Principal District Court, Perambalur, is hereby withdrawn and transferred to the file of the Special District Court to deal with MCOP cases, Tiruchirappalli. The learned Principal District Judge, Perambalur, is directed to send the records relating the case in M.C.O.P.No.326 of 2016 to the Special District Court to deal with MCOP cases, Tiruchirappalli within a period of 15 days from the date of receipt of copy of this order and on receipt of the same, the learned Judge, Special District Court to deal with MCOP cases, Tiruchirappalli, is directed to take the same on file and proceed in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed. 08.11.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das 3/4

K.MURALI SHANKAR, J.

DAS To 1.The Judge, Special District Court to deal with MCOP cases, Tiruchirappalli.

2.The Principal District Judge, Perambalur.

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

Pre-delivery order made in Tr.C.M.P (MD).No.680 of 2023 and C.M.P.(MD)No.15164 of 2023 08.11.2023 4/4