IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Tr.P(C).No. 332 of 2009() ------------------------- OS.201/2009 of SUB COURT, MUVATTUPUZHA .................... PETITIONER ------------------------------ ABUBACKER, S/O.MOYDEEN KUNJU, RESIDING AT KUTTICHERIL HOUSE, KUNNAN THANAM BHAGAM, CHETTIPUZHA, CHANGANASSERY. BY ADV. SRI.K.A.HASSAN SMT.JULIA PRIYA RESHMY RESPONDENT: --------------- C.K.SAJAN @ SHAJAN KURUVILA, S/O.KURUVILA, CHOONDAYIL HOUSE, MEKKADAMPUKARA, VALAKAM VILLAGE, MUVATTUPUZHA. ADV. SRI.SURIN GEORGE IPE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.332 of 2009 --------------------------------------- Dated this 14th day of September, 2010 ORDER This petition is filed by the defendant in O.S.No.201 of 2009 of the court of learned Sub Judge, Muvattupuzha. That is a suit for recovery of money based on a dishonoured cheque allegedly issued by petitioner. Petitioner wants the case to be transferred to any other sub court in Ernakulam District. Reason stated is that petitioner is a farmer aged about 62 years residing at Chethipuzha, near Chenganassery and finds it difficult to go to Muvattupuzha. Another ground is that respondent is a practicing lawyer at Muvattupuzha and that causes apprehension in the mind of petitioner. Application is opposed by respondent. It is contended that there is no justifiable reason to order transfer of the case. It is also pointed out by learned counsel that there was a request for transfer of the connected criminal case from the court of Judicial First Class Magistrate-I, Muvattupuzha which this court has declined as per order dated 26-09-2009 in Tr.P.(Crl.) No.115 of 2009. 2. So far as distance stated by learned counsel is concerned, I am not inclined to think that continuance the case at Tr.P.C.No.332 of 2009 : 2 : Muvattupuzha causes any inconvenience to the petitioner who is residing at Chenganassery. If learned Sub Judge has any embarrassment in trying the case involving a practicing lawyer of that station, it is open to the learned Sub Judge to request learned District Judge on the administrative side for transfer. There is no reason why I should think that because respondent is a practicing lawyer learned Sub Judge would not be able to try the case and dispose of the case on merit. As such request for transfer cannot be entertained. Petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-