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The State of Tamil Nadu v. R. Muthukumaraswamy & Ors.

Transfer Petition (Civil) · Neutral citation not assigned (Transfer Petition (Civil) Nos. 1860-1861 of 2014)Decided 3 Nov 2015
Transfer Petition (Civil) Nos. 1860-1861 of 2014
Justice Anil R. Dave · Justice S.A. Bobde

Background

The State of Tamil Nadu, through its Energy Department, asked the Supreme Court to take over two writ petitions pending before the Madras High Court: one by R. Muthukumaraswamy and others (W.P. (C) No. 11940 of 2014) and one by M.G. Rasool (W.P. (C) No. 31537 of 2014). The judgment does not describe the subject matter of those writ petitions. The same judgment also disposes of two other transfer petitions.

Decision Breakdown

The Court heard the counsel for the parties and found it appropriate, "in the facts and circumstances and keeping in view the grounds urged," to allow the transfer petitions. It ordered that both Madras High Court writ petitions be transferred to the Supreme Court, and the transfer petitions were disposed of as allowed, with any pending applications also disposed of. The order gives no further reasoning, and it does not decide any question on the merits of the writ petitions.

Lesson Learnt

The Supreme Court has the power under Article 139A to move a case pending in a High Court to itself, and a party seeking this must show good grounds. Once transferred, the case is decided by the Supreme Court rather than by the High Court.

Official source (sci.gov.in)View Judgment (PDF)

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