IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 1293 of 2010(J) --------------------------------------- PETITIONER(S): IST OPPOSITE PARTY IN WCC 159/2000: ------------------------------------------------------------------------------------ MUHAMMADLI, S/O.HASSANKOYA HAJI, PROPRIETOR SAFA RICE MILL, ANIKKODE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.C.RAGHAVAN RESPONDENT(S): APPLICANTS 1 AND 2 & OPPOSITE PARTIES 2,3 AND 4: -------------------------------------------------------------------------------------------------------------- 1. BHANUMATHI, W/O.RAGHAVAN, PRANGHOT HOUSE, LAKKIDI, OTTAPALAM, PALAKKAD DISTRICT. 2. TANOOJA, AGED 20 YEARS, D/O.RAGHAVAN, OF DO. 3. THE ASSISTANT ENGINEER, K.S.E.BOARD, VENNAKKARA, PALAKKAD. 4. CHAIRMAN, K.S.E.BOARD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 5. MUHAMMED KOYA, S/O.ABDUL RAHIMANKUTTY, THEKKETHODI VEEDU, NALLUR, FEROCK P.O., KOZHIKODE DISTRICT. R1 & R2 BY ADV. SRI.T.C.SURESH MENON R3 & R4 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B. R5 BY ADVS.SRI.T.K.SANDEEP, SRI.MATHEWS P.MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1293/2010 J APPENDIX PETITIONER'S EXHIBITS: N I L RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. ----------------------------------------------------------- W.P.(C) No.1293 of 2010 ----------------------------------------------------------- Dated this the 18th day of August, 2010 JUDGMENT This writ petition is filed seeking transfer of Workmen's Compensation Case, W.C.C.No.159 of 2000, which is pending at Thrissur to the Workmen's Compensation Commissioner, Palakkad. The petitioner is the Proprietor of Safa Rice Mill, Anicode. The husband of the first respondent and the father of the second respondent was an employee of the petitioner who died on 22.6.1998. Respondents 1 and 2 have filed W.C.C.No.159 of 2000 claiming compensation for his death. According to the petitioner, respondents 1 and 2 are residing at Lakkidi, Ottappalam in Palakkad District. The petitioner is also a resident of Palakkad District. Therefore, he has sought a transfer of the case from the Workmen's Compensation Commissioner, Thrissur to the Workmen's Compensation Commissioner, Palakkad. 2. The petition is opposed by respondents 1 and 2. According to them, they were residing at Palakkad only because the deceased was employed there. After his death, they have wpc No.1293 of 2010 2 shifted residence to Thrissur where they are permanently residing. They have produced copies of the Identity Cards issued by the Election Commission of India marked as Exts.R1 (a) and R1(b). According to the said documents, they are residents of Mundathikode Grama Panchayath in Thrissur District. The fifth respondent has no objection to the case being tried either in Palakkad or Thrissur because he is in Kozhikode. 3. Since Exts.R1(a) and R1(b) clearly show that respondents 1 and 2 are permanent residents of Thrissur District, I do not find any justification for granting the relief of transfer that is sought for by the petitioner. There is no reason to direct respondents 1 and 2 to go to Palakkad to pursue their claims. The petitioner being the employer can very well make arrangements to prosecute the case at Thrissur. In view of the above, this writ petition fails and is accordingly dismissed. K.SURENDRA MOHAN, Judge css/