BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 06.02.2025 Pronounced on : 26.02.2025 CORAM THE HON'BLE MR JUSTICE P. VADAMALAI Tr.CMP.(MD)No.26 of 2025 and C.M.P.(MD)No.631 of 2025 Vasu .. Petitioner Vs.

Ponnambala Panjuvarayar Samadhi Mutt, Represented by its Director Natarajan, S/o.Namachivayam, South Street, Valkkai Village, Sathyamangalam Post, Papanasam .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in O.S.No.467 of 2024 on the file of the Principal Sub Court, Kumbakonam, Thanjavur District and transfer the same to the file of the Principal Sub Court, Mannargudi.

For Petitioner : Mr.T.Indrachithu For Respondent : Mr.P.Vadivel

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in O.S.No.467 of 2024 on the file of the Principal Sub Court, Kumbakonam, Thanjavur District and transfer the same to the file of the Principal Sub Court, Mannargudi.

2. The respondent herein/plaintiff has initiated a suit for recovery of possession in O.S.No.467 of 2024 on the file of the Principal Sub Court, Kumbakonam, Thanjavur District. The petitioner herein is the sole defendant in the said suit.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

4. The learned counsel for the petitioner would submit that on

03.01.2025, when the petitioner went to attend the case hearing in O.S. No.467 of 2024 before the Principal Sub Court, Kumbakonam, the respondent herein attempted to attack the petitioner and also threatened him by saying that he would kill the petitioner if he attends the further Court hearings. In connection to the said incident, the petitioner has lodged an online compliant, dated 05.01.2025, before the Superintendent of Police, Thanjavur. He would also submit that the Principal Sub Court, Kumbakonam is located very much near to the respondent's place of residence and his mutt. Further, the respondent herein is an influential person, who has political support from various political parties. Hence, he would submit that since there is a constant life threat for the petitioner to attend the Court hearings at Principal Sub Court, Kumbakonam, which would not make him to contest his case in a free and fair manner, the proceeding in O.S.No.467 of 2024 may be transferred from the file of the Principal Sub Court, Kumbakonam to the file of the Principal Sub Court, Mannargudi, Thiruvarur District.

5. In reply to the contention raised by the learned counsel for the petitioner, the learned counsel for the respondent filed a detailed counter stating that both the petitioner and the respondent are the residents of a village, namely Vazhkkai Village. The respondent, who is an aged person, is undergoing treatment for his various ailments for the past ten years. Now, the petitioner, with an ulterior motive, seeking transfer of the suit in O.S.No.467 of 2024 from the file of the Principal Sub Court, Kumbakonam to the file of the Principal Sub Court, Mannargudi which is around 75 Kilometers from Vazhkkai Village. Further, if the case is transferred to the file of the Principal Sub Court, Mannargudi, the respondent will also be subjected to life threat by one Mr.A.M.Mohan, Advocate, who is none other than the petitioner's relative. Hence, he would request this Court to transfer the proceeding from the file of the Principal Sub Court, Kumbakonam to the file of the Principal Sub Court, Thanjavur, for which the learned counsel for the petitioner has also not raised any objection.

6. Considering the overall facts and circumstances of the case, and also considering the fact that there would not be any hardship for both the parties, if the proceeding is transferred from the file of the Principal Sub Court, Kumbakonam to the file of the Principal Sub Court, Thanjavur which is also equi-distant as if the distance between the Courts at Kumbakonam and Mannargu