Disposed¶24

Arasu v. the Superintendent of Police

Madras HC19 Mar 2025CRP/1094/2025

Case brief

AI extract

What is this about?

Madras High Court, C.R.P.No.1094 of 2025 (A.D.JAGADISH CHANDIRA, J., order dated 19.03.2025): return of execution petition; competency of forum for execution of M.C.O.P. decree - Special Court for EC Act Cases, Salem versus Special Motor Accident Claims Tribunals at Salem; Article 227 petition seeking direction to number E.P.Sr.No.1598 of 2024 in M.C.O.P.No.1263 of 2005; petition disposed of directing representation before the appropriate Special Court; no costs; original papers ordered to be returned.

What did the court decide?

Petitioner directed to represent the Execution Petition (E.P.Sr.No.1598 of 2024 in M.C.O.P.No.1263 of 2005) before the appropriate Special Court; no costs; Registry directed to return the original papers to the petitioner. ¶24

Arasu Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

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C.R.P.No.1094 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.03.2025

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THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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C.R.P.No.1094 of 2025

Arasu ... Petitioner

Versus

The Superintendent of Police, District Police Office, Salem. ... Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, pleased to issue a direction to number the Execution Petition Sr.No.1598 of 2024 in M.C.O.P.No.1263 of 2005, a docket order dated 21.10.2024 before the Special Court for EC Act Cases, Salem, by allowing this Civil Revision Petition.

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For Petitioner : Mr. S. P. Yuaraj For Respondent : Mr. P. Gurunathan, Additional Government Pleader (C.S)

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O R D E R

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The Civil Revision Petition has been filed seeking a direction to

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direct the Special Court for EC Act Cases, Salem, to number the Execution

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Petition in E.P.Sr.No.1598 of 2024 filed in M.C.O.P.No.1263 of 2005.

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This Court finds that the Execution Petition Sr.No.1598 of

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https://www.mhc.tn.gov.in/judis 1/4

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C.R.P.No.1094 of 2025

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2024 in M.C.O.P.No.1263 of 2005 has been filed before the Special Court

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for EC Act Cases, Salem, and the same was returned by the learned Judge with the following observations:-

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" Since one Special Tribunal in the cadre of District Judge Level and Two Special Tribunals in the cadre of Senior Civil Judge are constituted and functioning in the Head Quarters of Salem to conduct trial and execution pertaining to Motor Act Cases. Hence, the execution petition may be filed before the competent Special Motor Accident Claims Tribunal. This petition may be represented before the Competent Tribunal to get remedy.

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Hence, this petition returned."

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Upon perusing the docket order dated 21.10.2024, it is evident that once a Special Tribunal in the cadre of District Judge and two Special Tribunals in the cadre of Senior Civil Judge are constituted and functioning in the Head Quarters of Salem to conduct trial and executions pertaining to Motor Act Cases, it would be appropriate to pursue the matter before the same Court.

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