IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 21880 of 2010(Q) -------------------------- PETITIONER(S): --------------- DR.A.DIVAKARA PRABHU, AGED 62, S/O.LATE S.ACHUTHA PRABHU, DWARAKA, 59/4242, CHITTOOR ROAD, KOCHI - 19. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): --------------- 1. MR.P.SREENIVASA PAI, AGED 50, S/O.GOVINDA PAI, HOUSE NO.C.C. 12/324-C1, DAYAANAND APARTMENTS, ANUGRAHA CHARITABLE TRUST RESIDENTIAL COMPLEX, PANDIKUDY, KOCHI-2. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.21880 OF 2010 () ----------------------------------- Dated this the 26th day of July, 2010 J U D G M E N T Petitioner is the complainant in S.T.No.1466 of 2010 on the file of the Chief Judicial Magistrate Court, Ernakulam. The above complaint has been transferred to a far off court, Judicial First Class Magistrate Court, Kolencherry situate 30 kms away from the Chief Judicial Magistrate Court, Ernakulam, is the grievance of the petitioner seeking directions/orders to the Chief Judicial Magistrate Court to withdraw the case and transfer the case to any one of the competent courts in Ernakulam. 2. A report from the Chief Judicial Magistrate, Ernakulam, was called for, which disclose that though there was an order to transfer the case to J.F.C.M.Court, Kolencherry, the case has not been transferred so far. WP(C).21880/10 2 3. Having regard to the submissions made and taking note of the facts and circumstances, there will be a direction to the Chief Judicial Magistrate Court, Ernakulam, to transfer the case, if it is found necessary, to one of the competent courts in Ernakulam. Subject to the above direction, this writ petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp WP(C).21880/10 3