IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Tr.P(C).No. 439 of 2011 -------------------------------- [OS.NO.551/2008 PENDING BEFORE THE MUNSIFF'S COURT, PATHANAMTHITTA TO MUNSIFF'S COURT, KOTTARAKKARA OR ANY OTHER COURT IN KOLLAM DISTRICT] .................... PETITIONER: ------------------- SREE KALLELI OORALI APPOOPPAN KAVU SEVA SAMITHY, A SOCIETY REGISTERED UNDER THE TRAVANCORE LITERARY CHARITABLE AND SCIENTIFIC SOCIETIES ACT 1955, HAVING ITS REGISTRATION CERTIFICATE NO.P-15A/03 AT ARUVAPPULAM GRAMA PANCHAYATH, DOOR.NO.6/610 IN KALLELI,KONNY, REPRESENTED BY ITS SECRETARY MARANADU NARAYANAN, S/O. AYYAN, VALIYAVILA, THRIPPILAZHIKOM MURI, EZHUKONE VILLAGE. BY ADV. SRI.JOSE PALLATTUKARAN. RESPONDENTS: ------------------------ 1. V.S.VASU,CHARUVILAYIL HOUSE, ARUVAPPULAM MURI & VILLAGE, KOZHENCHERRI TALUK, PIN - 689 641. 2. SANTHAKUMAR, S/O. V.S. VASU, CHARUVILAYIL HOUSE, ARUVAPPULAM MURI & VILLAGE, KOZHENCHERRI TALUK, PIN - 689 641. 3. SALIM KUMAR, S/O.V.S. VASU,CHARUVILAYIL HOUSE, ARUVAPPULAM MURI & VILLAGE,KOZHENCHERRI TALUK - 689 641. 4. SANTHOSH, S/O.SANTHAN, PARACHARUVIL HOUSE, ARUVAPPULAM MURI & VILLAGE,KOZHENCHERRI TALUK - 689 641. TR.P.(C).NO.439/2011: 5. RAJANKUTTY, S/O.CHANDRAN, MULLASSERIL HOUSE, MANGARAM MURI,KONNI VILLAGE,KOZHENCHERI TALUK - 689 641. 6. NANU, S/O.CHANDRAN,MUTHUPEZHUMKAL HOUSE, ARUVAPPULAM MURI & VILLAGE,KOZHENCHERI TALUK - 689 641. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C).NO.439/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1: TRUE COPY OF THE PLAINT IN OS NO.551/08 ON THE FILE OF THE MUNSIFF'S COURT,PATHANAMTHITTA. ANNEXURE1(A): TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S.NO.551/08 ON THE FILE OF THE MUNSIFF'S COURT,PATHANAMTHITTA. ANNEXURE 2: TRUE COPY OF THE INJUNCTION APPLICATION IA NO.2758/08 IN OS NO.551/08 ON THE FILE OF THE MUNSIFF'S COURT,PATHANAMTHITTA. ANNEXURE 3: TRUE COPY OF THE ORDER DTD. 08/04/2010 IN I.A. 2758/08 IN O.S. NO. 551/08 OF THE MUNSIFF'S COURT, PATHANAMTHITTA. ANNEXURE 4: TRUE COPY OF THE JUDGMENT DATED 23/11/2010 IN CMA 32/2010 OF DISTRICT COURT,PATHANAMTHITTA. ANNEXURE 5: TRUE COPY OF THE JUDGMENT DATED 25/1/2011 IN OP(CIVIL) NO.187 OF 2011. RESPONDENTS' ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.439 of 2011 --------------------------------------- Dated this 13th day of December, 2011 ORDER Plaintiff in O.S.No.551 of 2008 of the Court of learned Munsiff, Pathanamthitta is the petitioner before me seeking a transfer of that suit to the Munsiff's Court, Kottarakkara. 2. O.S.No.551 of 2008 is a suit for prohibitory injunction against respondents. Grievance of petitioner is that since there is no officer appointed in the Munsiff's Court, Pathanamthitta disposal of the suit is being prolonged. Hence the request. Prayer is to transfer the case to the Munsiff's Court at Kottarakkara since according to the petitioners it is convenient to all the parties concerned. 3. It is seen from the address of the parties given in this proceeding that petitioner is a society having its registered officer at Konni in Pathanamthitta District and that respondents/defendants are residing in Kozhencherri Taluk of the same district. I do not think that in such a situation transfer of the suit beyond that district is required. 4. If for any other reason petitioner is desirous of getting a transfer of the suit to any other Munsiff's Court in the district of Tr.P(C).No.439 of 2011 -: 2 :- Pathanamthitta petitioner has to approach the learned District Judge, Pathanamthitta. With the above observation this petition is dismissed. (THOMAS P. JOSEPH, JUDGE) Sbna/-