IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Tr.P(C).No. 444 of 2011() ------------------------------------- AGAINST THE ORDER DATED 22/10/2011 IN O.P.NO.89/2011,OP.NO.90/2011 AND 91/2011 IN OF DISTRICT COURT, MANJERI RCP.NO.23/2010 of RENT CONTROL COURT, TIRUR .................... PETITIONER/ PETITIONER ----------------------------------------- N.KOYAKUTTY HAJI, S/O.BEERAN,TAFNAS FOOT WEAR,MASJID THOUHID COMPLEX TIRUR MALAPPURAM DISTRICT. REPRESENTED BY POWER OF ATTORNEY HOLDER E.ALAVIKUTTY,S/O.YAHUTTY, ERANCHIKKAT HOUSE,TIRUR(PO) PIN -676 101, KOTT DESOM TIRUR TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S)/ RESPONDENT -------------------------------------------------- 1. KERALA NADVATHUL MUJAHIDHEEN, REPRESENTED BY GENERAL SECRETARY, MUJAHID CENTER NEW BLOCK,5TH FLOOR C.D. TOWER, BIPASS ROAD,ARAYADATH PALAM (PO) PIN -673 004 KOZHIKODE DISTRICT 2. KERALA NADVATHUL MUJAHIDHEEN TIRUR BRANCH,REPRESENTED BY ITS PRESIDENT MASJIDUL THOUHID,TIRUR(PO) PIN 676 101 TIRUR TALUK,MALAPPURAM DISTRICT R2 BY ADV. SRI.K.M.FIROZ THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, ALONG WITH TPC.NO.445 OF 2011 AND TPC.NO.446 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts TPC.NO.444/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE PETITION IN R.C.P.NO.23/2010 BEFORE THE RENT CONTROL COURT TIRUR DATED 17/08/2010. ANNEX 2 COPY OF THE COUNTER IN R.C.P.NO.23/2010 BEFORE THE RENT CONTROL COURT TIRUR DATED 23/03/2011. ANNEX 3 COPY OF THE COMMON ORDER IN O.P.(TRANSFER) 89/2011,O.P. (TRANSFER) 90/2011 AND IN O.P.(TRANSFER) 91/2011 BEFORE THE DISTRICT JUDGE MANJERI, DATED 22/10/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).Nos.444, 445 and 446 of 2011 --------------------------------------- Dated this 15th day of December, 2011 ORDER Heard counsel on both sides. 2. Petitioners seek transfer of R.C.P.Nos.22, 23 and 24 of 2010 of the Court of learned Rent Controller, Tirur. 3. It is seen that petitioners had approached learned District Judge, Manjeri with petitions under Sec.24 of the Code of Civil Procedure (for short, "the Code”) requesting to transfer the said rent control petitions from the Court of learned Rent Controller, Tirur to any other Court in the district. The request was disallowed by the learned District Judge. Thereafter petitioners have filed these transfer petitions. 4. Under Sec.24 of the Code, the District Court and the High Court have concurrent jurisdiction so far as transfer of cases within the district is concerned. Hence, once the jurisdiction of the District Court is invoked, there cannot be a second petition in the High Court for the same relief under Sec.24 of the Code. A Division Bench of this Court in Ariamma Sachariah Vs. Rose Elizabeth Kurian (2004 KHC 702) held that a party who did not get a favourable order from the District Tr.P(C).Nos.444, 445 and 446 of 2011 -: 2 :- Court under Sec.24 of the Code cannot approach the High Court for the same relief. In that view of the matter I must hold that these petitions are not maintainable. Resultantly without prejudice to the right of petitioners to challenge the order of learned District Judge on the transfer petitions in the appropriate manner, these transfer petitions are closed. (THOMAS P. JOSEPH, JUDGE) Sbna/-