[Cites 1, Cited by 0]
Madras High Court
Sumathi Alias Venkatalakshmi (Died) 1. ... vs Tamil Nadu State Transport Corporation ... on 10 March, 2026
CRP No. 1325 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2026
CORAM
THE HON'BLE MRS.JUSTICE N. MALA
CRP No. 1325 of 2026
1. Sumathi alias Venkatalakshmi (Died) 1. V.
Rajarajeswari
D/o. Venkat Raj,
Res. at Door No.149,
Soundar Nagar,
Sanjeevarayanpet,
Salem - 006.
2. G. Venkat Raj
S/o. GopalChettiar,
Res. at Door No.149,
Soundar Nagar,
Sanjeevarayanpet,
Salem - 006.
..Petitioner(s)
Vs
Tamil Nadu State Transport Corporation Limited
Vellore Region,
Villupuram,
Rep. by its Managing Director,
having office at Villupuram,
Villupuram District.
..Respondent(s)
To direct the Learned Special District Judge/Motor Accident
Claims Tribunal, Salem to number the Execution petition in un-number REP No
of 2025 in MCOP No.1421 of 2008 and thus render justice.
For Petitioner(s): L.Mouli
A. Sriram
P. Surya
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For Respondent(s): Salem
Order
1. This Civil Revision Petition is filed by the petitioners for a direction to
the learned Special Judge / Motor Accident Claims Tribunal, Salem, to
number the execution petition in unnumbered REP No.-- of 2025 in
MCOP.No.1421/2008.
2. The petitioners state that originally, the execution petition was filed
before the learned Subordinate Judge for EC & NDPS Act Cases, Salem,
which passed the decree in MCOP.No.1421/2008. The said execution
petition was returned by the learned Judge on 26.03.2025, with an
endorsement that ‘’the petition has to be represented before the
competent Tribunal constituted for the purpose’’, namely, the learned
Special Judge / Motor Accident Claims Tribunal, Salem. The petitioners
thereafter represented the papers before the learned Special Judge / Motor
Accident Claims Tribunal, Salem, who had the jurisdiction to decide the
execution proceedings. However the Execution Petition was returned by
the said Court on 21.07.2025, with an endorsement ‘’to file before the
appropriate Court’’. The petitioners therefore filed the above Civil
Revision Petition for the aforesaid relief.
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3. Heard the learned counsel for the petitioners and perused the materials on
record.
4. It is seen that the learned Special Judge / Motor Accident Claims
Tribunal, Salem, is the competent authority to decide the execution
proceedings. Therefore, on the basis of the return made by the Special
Court for EC and NDPS Act Cases, the petition was presented before the
Court of the Special Judge / Motor Accident Claims Tribunal, Salem,
However, the said Court without appreciating the facts, returned the
papers.
5. Hence, this Court is inclined to direct the learned Special Judge / Motor
Accident Claims Tribunal, Salem, to number the REP in
MCOP.No.1421/2008, within a period of two weeks from the date of
receipt of a copy of this order.
6. The Civil Revision Petition is allowed with the above direction. No
costs.
7. The Registry is directed to return the original EP filed along the present
CRP to the petitioners.
10-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AP
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To
Tamil Nadu State Transport Corporation Limited
Vellore Region,
Villupuram,
Rep. by its Managing Director,
having office at Villupuram,
Villupuram District.
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N.MALA J.
AP
10-03-2026
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