1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD)No.145 of 2011 and MP(MD)No.1 of 2011 B.Mohamed Kani .. Petitioner/Plaintiff Vs. 1.Bhthrinathan 2.S.R.Durai Arasu 3.M.Nallathambi .. Respondents/Defendants Transfer Civil Miscellaneous Petition filed under section 24 r/w Section 151 of CPC praying to withdraw Original Suit No.34 of 2009 on the file of the District Munsif Court, Vilathikulam and transfer the same to any other Court at Thoothukudi. For Petitioner : Mr.R.Alagumani ORDER This Transfer Civil Miscellaneous Petition has been filed praying to withdraw and transfer Original Suit No.34 of 2009 from the file of the District Munsif Court, Vilathikulam to the file of any other competent Court in Tuticorin District. 2. It is stated in the petition that the petitioner as plaintiff has instituted Original Suit No.34 of 2009 on the file of the District Munsif Court, Vilathikulam, wherein the present respondents have been shown as defendants and further it is stated in the petition that the Presiding Officer has favoured first defendant and his attitude has created apprehension in the mind of the petitioner. Under the said circumstances, the present petition has been filed. 3. Considering the nature of the allegation made in the petition and also the relief sought for therein, notice need not be sent to the respondents. 4. The learned counsel appearing for the petitioner has contended that the petitioner is aged about 60 and he is not in a position to attend District Munsif Court, Vilathikulam and further the Presiding Officer has favoured first defendant. Under the said circumstances, the present petition has been filed. 5. In fact, this Court has perused the entire records and found that the petitioner has filed similar petition in Tr.O.P.No.306 of 2010 on the file of the Principal District Court, Tuticorin. The Principal District Court, Tuticorin after considering the allegation made against the https://hcservices.ecourts.gov.in/hcservices/ 2 Presiding Officer has directed him to submit detailed remarks. After considering the remarks submitted by the concerned Presiding Officer, the Principal District Court, Tuticorin has passed a detailed order and ultimately found that there is no sufficient ground to withdraw and transfer Original Suit No.34 of 2009 from the file of the District Munsif court, Vilathiukulam to the file of any other competent Court in Tuticorin District. 6. In the present petition at paragraph-4, it has been simply stated that the Presiding Officer has favoured first defendant. Except the bald allegation mentioned in paragraph-4, no other serious allegations are levelled against the Presiding Officer. Therefore, the reason given in the petition for getting transfer is not at all sufficient and further as stated earlier, already Tr.CMP.No.306 of 2010 has been filed on the file of the Principal District Court, Tuticorin, wherein a detailed order has been passed by way of rejecting the allegation made against the Presiding Officer. 7. Considering the fact that for getting similar relief Tr.CMP.No.306 of 2010 has been filed on the file of the Principal District Court, Tuticorin and the same has been dismissed and against that order, no revision or appeal has been filed and also considering that the reason given in the petition is not at all sufficient to withdraw and transfer Original Suit No.34 of 2009 from the file of the District Munsif Court, Vilathikulam to any other competent Court in Tuticorin, it is needless to say that the present petition is liable to be dismissed in limine. 8. In fine this petition is dismissed at the stage of admission. Connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS) To The District Munsif, Vilathikulam. +1 CC to Mr.R.Alagumani, Advocate, SR.No.21675 mj Tr CMP (MD)No.145 of 2011 04.07.2011 TR : 14.07.2011 : 2p/3c https://hcservices.ecourts.gov.in/hcservices/