IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 CRP.No. 263 of 2009() ------------------------------ TP (O.P).120/2009 of DISTRICT COURT, KOLLAM .................... REVN. PETITIONER/PETITIONER ----------------------------------------------- MOHANA BABU, S/O. SREEDHARAN, THOZHUVANNOOR, THEKKETHIL, KAMUKUMCHERRY, KARYARA.P.O, PUNALUR. BY ADV. MR.B.KRISHNA MANI MR.SIBHA S. SMT.M.R.ANUPAMA MR.MAHESH ANANDAKUTTAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE EXECUTIVE ENGINEER, DISTRICT RURAL DEVELOPMENT AUTHORITY, CHINNAKADA, KOLLAM. 3. THE SECRETARY, BLOCK PANCHAYATH, BLOCK PANCHAYATH OFFICE, PIDAVUR. 4. NIZAMUDEEN CONTRACTOR, THOPPIL CONSTRUCTIONS, KILIMANOOR. R1TO R3 BY GOVERNMENT PLEADER THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- C.R.P.No.263 of 2009 - C --------------------------------- Dated this the 18th day of August, 2009 O R D E R Petitioner is the plaintiff in O.S.No.8 of 2006 on the file of the Munsiff Court, Punalur. Suit is one for injunction and the respondents are the defendants. Petitioner moved an application under Section 24 CPC for transfer of the case to another court of competent jurisdiction, before the District Court, Kollam. That application was dismissed for the reason steps were insufficient. Propriety and correctness of that order is challenged in the revision. 2. I heard the learned counsel for the petitioner. 3. The order impugned does not reflect in what way steps were insufficient, submits the learned counsel. Further submission of the counsel is that no opportunity was extended to the petitioner to cure the defects if any to make the steps sufficient. The learned counsel sought for one more opportunity to take appropriate steps for service on the respondents in the present petition after setting aside the impugned order. The C.R.P.No.263 of 2009 - C 2 learned Government Pleader for the respondents has no objection. The impugned order is set aside and the court below is directed to take back the transfer petition on its file and provide an opportunity to the petitioner/plaintiff to take steps against the respondents for service of notice on the respondents. Petitioner is directed to appear before the court below on 8.9.2009, and, the court below is directed to provide an opportunity to him to take steps for service of notice on the respondents, and then dispose the petition in accordance with law. The revision is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-