- Court
- High Court of Madras
- Decided
- 7 August 2026
- Bench
- K.Murali Shankar
- Case no.
- TR CMP(MD) 173/2026
Judgment
ORDER The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the suit in O.S.No.118 of 2018 pending on the file of District Court, Karur and transfer the same to any other District Court in any District other than Karur District.
¶2The respondents 1 and 2/plaintiffs have filed a suit suit against as many as 117 defendants, including the present petitioners, seeking declaration that the suit properties belonging to the plaintiffs' temples (idols) and for consequential permanent injunction restraining the defendants, their men and agents from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the suit property, except in respect of those portions where temporary structures are stated to have been put up. The plaintiffs have also sought recovery of possession of such portion after removal of the temporary structures allegedly put up by the defendants by way of trespass, constructions, creation of encumbrances or otherwise.
¶3When the transfer petition came up for admission this Court, considering the facts and circumstances of the case and taking note of the serious nature of the allegations levelled, granted an order of interim stay and also directed the Registry to call for a report from the learned District Judge, Karur and also to secure the CCTV footage of the Court proceedings recorded during the working hours on 07.03.2026 from the District Court, Karur.
¶4In pursuance of the directions of this Court, the learned District Judge, Karur submitted his remarks and also enclosed the CCTV footage for the entire day. When the matter was taken up for final hearing, the learned counsel for the petitioners would submit that the Officer against whom certain allegations were levelled in the affidavit filed in support of the transfer petition, has already been transferred and the officer has already been relieved from the office of the Principal District Court, Karur and in view of the subsequent developments, the grievance canvassed by the petitioners no longer survives, and the very basis for seeking transfer has ceased to exist. Consequently, this Court has no other option, but to hold that the Transfer Civil Miscellaneous Petition has become infructuous and is liable to be dismissed.
¶5When the matter was taken up for final hearing, the learned counsel for the petitioners as well as the learned counsel appearing for some of the respondents would submit that appropriate observations are to be made so as to enable them to file applications before the trial Court for examining certain Government Officials as witnesses and for receiving additional written statements.
¶6The learned counsel for the respondents 1 and 2/plaintiffs would contend that such observations may prejudice their rights; that the applications filed by the other side seeking impleadment of certain parties have already been dismissed, and the Civil Revision Petitions challenging the said order are pending before this Court and that as many as 81 witnesses have already been examined and that about 40 more witnesses are proposed to be examined.
¶7Considering the above facts and circumstances of the case, this Court is not inclined to express any opinion on the merits of the rival submissions or on the maintainability or otherwise of any application that may be filed by either of the parties before the learned Trial Judge, as any such observation may prejudice the rights and contentions of the parties.
¶8It is for the learned trial Judge to consider every application, as and when filed, independently, strictly in accordance with law and on its own merits, after affording an opportunity of hearing to all the parties concerned, uninfluenced by the observations made in this order. Since the Transfer Civil Miscellaneous Petition itself has become infructuous, the learned trial Judge is at liberty to proceed with the trial and dispose of the suit as expeditiously as possible, in accordance with law.
¶9In the result, the Transfer Civil Miscellaneous Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.
07.08.2026. NCC :yes/No Index :yes/No Internet :yes/No das To
1.The District Court, Karur.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR
,J.
das Tr.CMP(MD) No.173 of 2026 and CMP(MD) No.3901 of 2026 Dated :07.08.2026
Case details
Parties and counsel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 13.07.2026 Delivered on : 07.08.2026 CORAM THE HONOURABLE MR JUSTICE K.MURALI SHANKAR Tr.CMP(MD) No.173 of 2026 and CMP(MD) No.3901 of 2026 1.Karur District Sagaja Nalvazhvu Sangam represented by its President Anoor Village, Thumbivadi Post, Aravakuruchi Taluk and Karur District. 2.Sri Ramachandra Mission represented by working committee member, GovindaIyengar, Thumbivadi Post, Aravakuruchi Taluk and Karur District, having headquarters at Babuji Memorial Ashram, SRCM Road, Manapakkam, Chennai-600125. Petitioners 1 and 2/ Defendants 1 and 2 3.S.Thilagavathi 3rd Petitioner/ 20th Defendant 4.T.Sengottuvalan 4th Petitioner/ 40th Defendant 5.A.Shanthi 5th Petitioner/ 67th Defendant Vs 1.The Idol of Arulmighu Anooramman Temple Graciously present at Arulmighu Anooramman Temple Thumbivadi Village, Aravakuruchi Taluk, Karur District. 2.The Idol of Arulmighu Jayankondamman Temple, Graciously present at ArulmighuJayankondamman Temple Sengalapuram hamlet of Thumbivadi Village, Aravakuruchi Taluk, Karur District. Respondents 1 and 2/ Plaintiffs 3. J. Ganesh 4. S.M. Muneeshwaran 5. R. Thilagavathi P.Sivasubbramanian (Deceased) S.D.Mohanraj (Deceased) 6. T.P.K.Prasad 7. R. Hemalatha 8. A. Jesudass Gnanakiristy 9. J. Jegadheesan 10. V. Latha 11. P. Sumathi 12. M. Alli 13. R. Eswari P.Rajammal (Deceased) K.Gandhimathidevi (Deceased) 14. S. Jeeva 15. T. Balan Respondents 3 to 15/ Defendants 3 to 19 16. E. Abbas 17. S. Chandrika 18. K.G. Ravindran 19. M. Ramesh 20. M. Prasanna 21. R. Arthi 22. R. Balasubramaniam 23. K.G.Karthikeyan 24. T. Vijayalakshmi 25.C. Ganeshkumar 26. S.R. Udhayakumar 27. V. Jeyakanth 28. G. Uma Maheswari 29. A. Angamuthu 30. A. Arul Selvam 31. V. Amsaveni 32.R. Sornam 33. A. Raju 34. G. Balamurugan Respondents 16 to 34/ Defendants 21 to 39 35. M. Panneerselvam 36. K. Saravanan 37. P. Saravanan 38. T. Gnanasekaran 39. B. Bhuvaneshwari 40. C. Natarajan 41. S.R. Suresh 42. P. Kanagaraj 43. Uma Maheshwari 44. G. Padmini 45. N. Dhanabal 46. S. Vijayalakshmi 47. Kirija Dr.D. Thilagavathi (Deceased) 48. T. Harikrishnan 49. P. Thangavelrajan 50. D. Sathyaprakash 51. N. Subbulakshmi 52. M. Thiyagarajan 53. S. Vasuki 54. M. Amirthavalli 55. Rathinambal 56. P. Gopalakrishnamurthy 57. N. Muthukumaran 58. J. Thilagam M.Kalidass (Deceased) Respondents 35 to 58/ Defendants 41 to 66 59. M. Loganathan 60. K. Kandasamy 61. R. Sivam 62. M. Nagarathinam 63. V. Sujatha 64. R. Tharakeshwari 65. Eswari Radhakrishnan 66. S. Murugaesan 67. A. Ramamurthy 68.M. Geetha 69. G. Suganthi 70. A. Nallalagan 71. S. Shanmugasundaram 72. R. Balasubramani 73. J. Parvatham 74. C. Subramaniam 75. Shanthi 76. P. Suganya 77. S. Kavithamani 78. L. Senthilvelan 79. M. Sonaimuthu 80. B. Savithiri 81. B. Velmurugan 82. S. Ganeshkumar 83. K.K. Padmanabhan 84. P.Vasumathi 85. S. Chitra 86. J. Sumeshkumar 87. R.S. Ramchandar 88. A.J. Baskar 89. Kalpana 90. R. Kaleeswari 91. V. Kamaraj 92. R.T. Venkatachalam 93. R. Sridhar 94. Shanthi Sivakumar 95. J. Uma Maheshwari 96.K.Kanagaraj 97.S.Subramani 98. Suvarakavi 99. Shanmugasundaram 100. Muthuvijayan 101. Srisankari 102. Sarath Bharathi 103. Chitra 104. Sri Ram 105. Sudharsan 106. Prasanna Parthasarathi 107.Thangamani 108.V.Hanuvignesh Respondents 59 to 108/ Defendants 68 to 117 Prayer in Tr.CMP(MD)No.173 of 2026 : This Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the suit in O.S.No.118 of 2018 pending on the file of District Court, Karur and transfer the same to any other District Court in any District other than Karur District. For Petitioners : Mr.P.R.Balasubramanian. For Respondents : Mr.A.Mohamed Haneef, for R1 and R2. : Mr.Sundara Moorthy, for R7, R8, R12, R13, R15, R17, R18, R24, R25, R28, R29, R31, R33 to R36, R38,R39, R41, R42, R44, R45, R50, R52, R53, R54, R55, R60, R62, R63, R70, R71, R73, R76, R77, R77 R81, R85, R86 , R87, R89, R92, R 93, R94, R100, to 109, R107, R108. : Mrs. S.Manju B
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