Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 54624 (MAD)

DEVASENA v. SIVA

TR CMP/626/2025 · 2026-07-15

P B Balaji

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

__________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI Tr.CMP.No.626 of 2025 and CMP. No.14981 of 2025 1.Devasena 2.Nandhakumar 3.Minor Dilip Kumar, S/o.Late Kumaran, Rep by his mother, Guardian, The first petitioner. Anndal (died) 4.Jeyaraman ..Petitioner(s) Vs 1.Siva 2.The Branch Manager, Cholamandalam Ms.General Insurance Company, No.25, Ground Floor, Pondy Main Road, (Nehru Main Road), Villupuram. ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw the M.C.O.P. No.240 of 2017 pending on the file of the Special District Court, Villupuram to the MCOP Court at Pondicherry. For Petitioner(s): Mr.T.S.Baskaran For Respondent(s): No Appearance. https://www.mhc.tn.gov.in/judis __________ Page2 of 4 ORDER The petitioners are the claimants in M.C.O.P. No.240 of 2017. They seek transfer of the said proceedings from the file of the Special District Court, Villupuram, to the file of the Motor Accidents Claims Tribunal, Pondicherry, on the ground that the accident occurred near Puducherry, where the claimants are residing. It is their case that they are finding it difficult to prosecute the claim before the Special District Court, Villupuram, though they had initially chosen to institute the proceedings there. 2. Notice has been served on the first respondent, the owner of the vehicle, who has also entered appearance. However, there is no representation on behalf of the first respondent. The name of the learned counsel appearing for the second respondent/Insurance Company is also printed in the cause list. However, there is no representation on behalf of the second respondent as well. 3. Considering the fact that the respondents, despite having been duly served with notice, have not chosen to raise any objection to the transfer sought for, this Court is inclined to allow the Transfer Civil Miscellaneous Petition. No prejudice would be caused to the respondents by such transfer, particularly when the accident occurred near Puducherry and the claimants are residents of Puducherry. https://www.mhc.tn.gov.in/judis __________ Page3 of 4 4. In fine, the Transfer Civil Miscellaneous Petition is allowed. M.C.O.P. No.240 of 2017 is withdrawn from the file of the Special District Court, Villupuram, and is transferred to the file of the Motor Accidents Claims Tribunal, Pondicherry. Consequently, connected Miscellaneous Petition is closed. No costs. 15-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To 1.The District Judge, District Court, Villupuram 2.The Judge, MCOP Court at Pondicherry. https://www.mhc.tn.gov.in/judis __________ Page4 of 4 P.B.BALAJI, J. RKP Tr.CMP.No.626 of 2025 and CMP. No.14981 of 2025 15-07-2026 https://www.mhc.tn.gov.in/judis