In this miscellaneous petition, the High Court of Judicature at Madras refused to stay an order dismissing a transfer petition, holding that a dismissal order cannot be stayed, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Friday, the Twenty First day of January Two Thousand Twenty Two
PRESENT
THE HON`BLE MR.JUSTICE R.SUBRAMANIAN
CMP.NO.497 OF 2022
IN CRP(PD).NO.84 OF 2022
THIRU.P.MUTHUSAMY [ PETITIONER ]
Vs
THIRU.T.ARUNACHALAM (DIED) [ RESPONDENTS ]
1 THIRU.A.BALASUBRAMANIAM,
2 THIRU.A.PARAMASIVAM
3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, TIRUPUR.
4 THE TAHSILDAR, TALUK OFFICE, TIRUPUR.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the order dated 08.09.2021 of the Principal District Judge, Tirupur in Transfer OP No.54 of 2021 (in CMP.NO.497 OF 2022) till the disposal of the CRP(PD).NO.84 OF 2022.
Order : This miscellaneous petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.SRIDHARAN, Advocate for the petitioner, the court made the following order:-
The prayer in the above miscellaneous petition is for stay of operation of the order dated 08.09.2021 made in Transfer OP.No.54/2021.
2.Since it is an order of dismissal of the Transfer OP.No.54/2021, there can be no stay of operation of the said order.
3.Hence, this Civil Miscellaneous Petition stands dismissed.
-sd/-
21/01/2022 / TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104. TO
THE PRINCIPAL DISTRICT JUDGE, TIRUPUR.
Order
in CMP.NO.497 OF 2022
IN CRP(PD).NO.84 OF 2022
Date :21/01/2022
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DPK(25/01/2022)
1 issue framed by the court
Whether a stay can be granted on an order dismissing a transfer petition.
Thiru.P.Muthusamy
Thiru.T.Arunachalam (Died)
R.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
