IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Tr.P(C).No. 387 of 2011() ------------------------------- OP(ELE).2/2010 of ADDL.MUNSIFF COURT,NEDUMANGAD OP(T) NO.258/2011 BY THE DISTRICT COURT, THIRUVANANTHAPURAM. .................... PETITIONER/PETITIONER/RESPONDENT ---------------------------------------------------- K.P. PRAMOSH, S/O.PRATHPACHANDRAN, AGED 28 YEARS, PERUMALA PUTHEN VEEDU, MANCHA P.O., NEDUMANGAD. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------------------------------------- S. NOORJI, W/O.MUHAMMED ILLIYAS, AGED 35 YEARS, SHRUTI, LOTH 1OTH STONE, MANCHA P.O., NEDUMANGAD, THIRUVANANTHAPURAM. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss TPC NO.387/2011 APPENDIX PETITIONER'S ANNEXURES A:-COPY OF THE ORDER DTD. 20.10.2011 IN OP TP. 258/2011 OF THE DISTRICT COURT, THIRUVANANTHAPURAM. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.387 of 2011 --------------------------------------- Dated this 15th day of November, 2011 ORDER This transfer petition is filed by the respondent in O.P(Ele). No.2 of 2010 of the Court of learned Additional Munsiff, Nedumangad. That original petition is filed by the respondent challenging the election of the petitioner. Petitioner states that he is a lawyer practicing in the Court at Nedumangad and that would seriously prejudice him in the proper conduct of the case. Learned District Judge refused to grant transfer because several persons are to be examined from the locality as witnesses. 2. I have heard learned counsel for petitioner. Learned Munsiff has not expressed any difficulty in trying the case. The mere fact that petitioner is a practicing lawyer in the Court at Nedumangad, when the respondent also has no grievance of the election petition being tried in the Court at Nedumangad is no ground to order transfer of the case. It is also not clear what prejudice would be caused to the petitioner if the case is tried in the Court at Nedumangad. In the above circumstance, I do not find reason to transfer the case. This transfer petition is dismissed. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-