IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Tr.P(C).No. 46 of 2008() ---------------------------------- CMA.7/2007 of SUB COURT, HOSDRUG CMA.11/2007 of SUB COURT, HOSDRUG .................... PETITIONERS : --------------------- 1. KHIDMATH ORGANISATION OF PADANNA (KOP) REG. NO. 247/93, REPRESENTED BY ITS PRESIDENT A.M. ABDUL SATHAR HAJI, AGED 60 YEARS. 2. SHARAF ARTS AND SCIENCE COLLEGE PADANNA, REPRESENTED BY ITS MANAGER K.P.SALAHUDHIN, AGED 55 YEARS. 3. A.M.ABDUL SATHAR HAJI, AGED 60 YEARS PRESIDENT, KHIDMATH ORGANISATION OF PADANNA AND CHAIRMANK, GOVERNING BODY SHARAF ARTS AND SCIENCE COLLEGE, PADANNA. 4. K.P.SALAHUDHIN, AGED 55 YEARS, MANAGER SHARAF ARTS AND SCIENCE COLLEGE, PADANNA. 5. P.K.MUHAMMED KUNHIL MASTER, AGED 55 YEAR ACTING GENERAL SECRETARY KHIDAMATH ORGANISATION OF PADANNA. 6. L.K.MUHAMMADALI HAJI, AGED 51 YEARS VICE PRESIDENT, KHIDMATH ORGANISATION, PADANNA. 7. P.K.KUNHABDULLA, AGED 55 YEARS S/O.MOHAMMED KUNJU, NEAR POST OFFICE PADANNA. 8. P. ABDUL LATHEEF, AGED 56 YEARS S/.O.ABDULLA, ORIMUKKU, PADANNA (PO) S/O.MOHAMMED KUNJU, NEAR POST OFFICE, PADANNA. 9. A.M. ABDUL NAZAR, AGED 32 YEARS S/O.MAHIM HAJI, THEKKEPURAM, PADANNA (PO) 10. U. MOHAMMEDALI HAJI, AGED 58 YEARS S/O.HASSANAR, NEAR RAHMANIYA MADRASSA PADANNA (PO). BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID TRPC. NO.46/2008 RESPONDENTS: ----------------------- 1. P.K.C.MEHAMOOD HAJI, AGED 55 YEARS S/O.KUNHAMMED HAJI, CHAKKIKANDAM HOUSE PADANNA (PO). 2. P.C.JALEEL, AGED 26 YEARS S/O.ABDUL KHADER HAJI, NEAR PADANNA SERVICE CO-OPERATION BANK, PADANNA (PO) 3. N.B. ABDULLA HAJI, AGED 64 YEARS S/O.ASSAINAR, ORIMUKKU, PADANNA (PO) 4. P.K.MUHAMMED KUNHI, AGED 50 YEARS S/O.ABOOBACKER HAJIO, PARAKKADAVATH (H) PADANNA (PO) 5. V.K.C.KUNHI MOIDEENKUTTY, AGED 50 YEARS S/O.P.K.AHAMMED HAJI, PADANNA KADAPPURAM (PO) 6. T.M.MUSTHAFA, AGED 36 YEARS S/O.ABDUL KHADER, NEAR PADANNA PANCHAYATH PADANNA (PO) 7. S.C. ARIF, AGED 43 YEARS S/O.T.P.MUHAMMED ALI HAJI, OLD BAZAAR PADANNA PADANNA (PO) 8. P.K.MUHAMMED KUNHI, AGED 56 YEARS S/O.KUNJAHAMMED HAJI, THEKKEPURAM, PADANNA (PO) 9. V. BASHEER, AGED 26 YEARS S/O.ABDUL RAZAQ, NEAR RAHMANIYA MADRASA PADANNA (PO). 10. S.C.SULAIMAN, AGED 40 YEARS S/O.ABDUL KHADER HAJI, NEAR RAHMANIYA MADRASA PADANNA (PO). 11. K.MUSTHAFA, AGED 48 YEARS S/O.MUHAMMED KUNJU, VADAKKEPURAM, PADANNA (PO) 12. M. AHAMMED, AGED 48 YEARS S/O.U.MUHAMMED MASTER,KANTHILOT (H) PADANNA (PO) 13. M.K.ISMAIL, AGED 54 YEARS S/O.SULAIMAN HAJI, KAVEENTHALA (H) PADANNA (PO) 14. N.B. RUWAIS, AGED 24 YEARS S/O.HYDERHAJI, OLD BAZAAR, PADANNA (PO). BY ADV. SRI.JAWAHAR JOSE -R1,2,7 4 to 9 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TRPC. NO.46/2008 ORDER ON I.A. NO.408/2008 IN TRPC. NO.46/2008 DISMISSED 13.03.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 46 OF 2008 = = = = = = = = = = = = = = = Dated this the 13th day of March, 2008. J U D G M E N T This Transfer Petition is preferred with a prayer to transfer CMA 7/07 and 11/07 from the Sub Court, Hosdurg to any other Court for disposal. Allegations are made against the Presiding Officer that he is showing undue haste and that the appellants therein are proclaiming that they will win the case from the Subordinate Judge's Court. 2. Since personal allegations are levelled against the judicial officer I had called for his remarks. He had given the narration of what has transpired before the Court. The report will show that he has never shown any undue haste. It is averred that old appeals are pending and therefore the Sub Court, in spite of that, had been trying to dispose of CMA 2 of 2007. The Court below has pointed out that the total pendency of CMAs. in that Court is only 30. He had Tr.P.C. NO. 46 OF 2008 -:2:- denied the statement that he had made some impolite comments. He would further contend that the Advocate who is appearing in that case is also appearing in many other cases before that Court. So there is total denial of what has been averred against the Officer of the Court. The other side also has filed a counter statement repudiating the allegations levelled against him. 3. Administration of justice is intended to do justice without fear or favour and unmoved by any sort of insinuation from within or outside and without sacrificing the quality of justice. If cases are transferred without proper reasonings a situation will arise where the credibility of the system will itself be suspected and therefore the Court has to be very careful while transferring a case especially on the allegation of some personal conduct on the Judicial Officer. 4. The averments in the petition are not at all sufficient to make a transfer of the case especially when the judicial officer has given his remarks denying the allegations. But I make it clear that the judicial officer shall not have in Tr.P.C. NO. 46 OF 2008 -:3:- his mind that a petition for transfer had been filed. Seat of justice requires absolute balance and therefore irrespective of any charge being attributed to it, the Officer should be able to administer justice and it must be in consonance with the principle to be followed. Not only that, justice should be done but it must be seem to be done as well and therefore while the matter is being heard and disposed of, the Court has to keep the balance of mind and should not make one of the parties feel that the Court is favouring one person or the other. With these observations I dismiss the Tr.P.C. and direct the learned Sub Judge to dispose of the matter in accordance with law not being excited or anxious on account of a transfer petition filed with personal allegations. M.N. KRISHNAN, JUDGE. ul/-