IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 OP(C).No. 2768 of 2011(O) ------------------------ OS.224/2010 of MUNSIFF COURT, CHERTHALA ................. PETITIONER / RESPONDENT: ------------------------------------------ P.RAMACHANDRAN, S/O.PARABHAKARAN, AGED 47 YEARS, RESIDING AT REMYA RAKHI NIVAS, KAITHAVANA, ALAPPUZHA-3. BY ADVS. SMT.C.G.BINDU SMT.C.G.AJITHA RESPONDENTS / PETITIONER: -------------------------------------------- 1. BENJAMIN, AGED 50 YEARS, ALUNGAL HOUSE, NEAR KONNAKAPPALLI, PAZHAVEEDU VILLAGE, ALAPPUZHA-688 003. 2. KURUVILLA MATHEW, AGED 50 YEARS, CONTRACTOR, POOTHAMKODU HOUSE, PAZHAVEEDU VILLAGE, ALAPPUZHA-688003. 3. MERCY MATHEW, AGED 45 YEARS, POOTHAMKODU HOUSE, PAZHAVEEDU VILLAGE, ALAPPUZHA-688003. 4. KANAKAMMA, W/O.SUDHAKARAN, AGED ABOUT 60 YEARS, PEROOR HOUSE, PAZHAVEEDU VILLAGE, ALAPPUZHA-688 003. 5. RADHA, W/O.GANGADHARAN, AGED 55 YEARS, AILARA PARAMBU, SANATHANAPURAM P.O., PAZHAVEEDU VILLAGE, KAITHAVANA, ALAPPUZHA - 688 003. 6. SECRETARY, WEST COAST ICCS LTD., A-964, POOMKAVU, PATHIRAPPALLY P.O., ALAPPUZHA-688006. 7. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, CHENGANNOOR P.O., ALAPPUZHA-688 134. ...2/- OP(C).No. 2768 of 2011(O) -2- 8. ASSISTASNT ENGINEER, M.I.SECTION, NEAR PITCHU IYYER JUNCTION, ALAPPUZHA-688 001. 9. ALAPPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ALAPPUZHA - 688 001. R9 BY ADV. SRI. M.K.C. DAS, SC THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- OP(C).No. 2768 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE LETTER DT. 17/3/2010 SENT BY LEARNED PRINCIPAL MUNSIFF TO THE LEARNED DISTRICT JUDGE. EXT.P2 : COPY OF THE ADMINISTRATIVE ORDER DATED 30/3/2010 OF THE DISTRICT JUDGE, ALAPPUZHA. EXT.P3 : COPY OF THE ORDER DT. 9/2/2011 IN O.P. (TR) NO. 132/2010 OF THE DISTRICT COURT, ALAPPUZHA. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2768 of 2011 -------------------------------------- Dated this the 22nd day of August, 2011. JUDGMENT Petitioner is the plaintiff in O.S.No.224 of 2010 of the court of learned Principal Munsiff, Cherthala (Originally filed in the court of learned Munsiff, Alappuzha as O.S.No.82 of 2010). The relief prayed for is a prohibitory injunction against construction of boundary wall in the suit property. According to the petitioner, no interim order was passed on the applications preferred and petitioner and the counsel was kept in dark as to what happened to the case in the court of learned Munsiff, Alappuzha. Later, they learnt that the case was transferred to the court of learned Munsiff, Cherthala as per an administrative order passed by the learned District Judge, Alappuzha on a representation made by the Junior Superintendent of the court of learned Munsiff, Alappuzha that her husband is the 1st defendant/1st respondent (who was working at the relevant time as Shirastedar of the Sub Court at Alappuzha). In the circumstances, learned District Judge, Alappuzha in exercise of the administrative power directed the case to be transferred to the court of learned Munsiff, Cherthala. Thereon petitioner filed O.P.(Tr.) No.132 of 2010 before the learned District Judge for withdrawal of the suit from the court of learned Munsiff, Cherthala to any of the Munsiff's Courts at Alappuzha. That application was dismissed by learned District Judge which is under challenge in this Original Petition. OP(C) No.2768/2011 2 2. It is contended by learned counsel that there was no circumstance which justified transfer of the case from Alappuzha to Cherthala. It is also pointed out that no interim order was passed by the learned Munsiff in the suit and petitioner or counsel had no information about the transfer of the case to Cherthala. I have heard learned counsel for 9th respondent also. 3. It is not as if learned District Judge had no power on the administrative side to transfer a case in situations of this nature. Notice was not required to be given before an order was passed on the administrative side. But the learned Munsiff, Alappuzha while transferring case records to Cherthala as per the administrative order could have given notice to the parties about the date of appearance in the transferee court. After the case was transferred to the court of learned Munsiff, Cherthala as per the administrative order, petitioner requested for re-transfer of the case to some other court at Alappuzha. Learned District Judge was not impressed by the reason stated by petitioner for that request. 4. Learned counsel has placed reliance on the decision in DAV Boys Sr.Sec.School and others v. DAV College Managing Committee [(2010) 8 SCC 401] and in particular, the observations in paragraphs 11 and 12 regarding convenience of parties which the court has to take into account. OP(C) No.2768/2011 3 5. Exigency due to circumstances may require the learned District Judge to pass orders on the administrative side to transfer a case from one court to another. Here, 1st respondent is working as Shirastedar of Sub Court, Alappuzha and his wife was the Junior Superintendent of the court of learned Munsiff where the suit was originally filed. These circumstances in my view, justified the action of learned District Judge on the administrative side. I do not find reason to interfere with the order of learned District Judge refusing to transfer the case to any other court of Munsiff at Alappuzha as requested by petitioner. Original Petition is dismissed. THOMAS P.JOSEPH, Judge. cks