IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Tr.P(C).No. 308 of 2010() ------------------------- OS.13/2007 of SUB COURT,THODUPUZHA .................... PETITIONERS: ------------------------------- 1. SLEEBA THOMAS @ SLEEBA M.T., AGED 48 YEARS, S/O.LATE THOMAS, MULLAVEEDU (MURIMATTATHIL), POOTHRIKA KARA, KOLENCHERY. 2. P.P.POULOSE, AGED 62 YEARS, PALPATH HOUSE, KOLENCHERRY, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: --------------- 1. SEENA MOL ABRAHAM, D/O.ABRAHAM, AGED 35 YEARS, KUNNAPULLIL HOUSE, MULAPURAM.P.O., KARIMANOOR, THODUPUZHA VIA, IDUKKI DISTRICT. 2. K.J.CHACKO, AGED ABOUT 57 YEARS, KUNNAPULLIL HOUSE, MULAPURAM.P.O., KARIMANOOR, THODUPUZHA VIA, IDUKKI DISTRICT. 3. K.J.JOHN, AGED ABOUT 55 YEARS, KUNNAPULLIL HOUSE, MULAPURAM.P.O., KARIMANOOR, THODUPUZHA VIA, IDUKKI DISTRICT. 4. BIJU P.SEBASTIAN, AGED ABOUT 36 YEARS, PARAYAN NILAM HOUSE, CITY TOWER BY PASS ROAD, KARIMANOOR, THODUPUZHA VIA, IDUKKI DISTRICT. 5. NAZEER, POLICE CONSTABLE, KALIYAR POLICE STATION, KALIYAR, THODUPUZHA. 6. KAREEM, POLICE CONSTABLE, NOW WORKING AS KARIMANOOR POLICE STATION, KARIMANOOR, THODUPUZHA. Tr.P(C).No. 308 of 2010 7. V.M.SAJI, CIRCLE INSPECTOR OF POLICE, KALIYAR, THODUPUZHA, IDUKKI DISTRICT. 8. ABY GEORGE, SUB-REGISTRAR, KARIKODE SUB-REGISTRAR OFFICE, KARIKODE, THODUPUZHA. 9. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, IDUKKI DISTRICT. ADV. SRI.BIJUMON JACOB FOR R4 SRI.VIJAI MATHEWS FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.308 of 2010 --------------------------------------- Dated this 28th day of October, 2010 ORDER This petition is for transfer filed by the plaintiff in O.S.No.13 of 2007 of the court of learned Sub Judge, Thodupuzha. That is a suit filed by petitioners to set aside certain documents, recovery of damages and for consequential reliefs. Respondent No.4, one of the defendants in the suit is a lawyer practicing in the courts at Thodupuzha including the Sub Court. Petitioner requested that the case may be transferred to the Sub Court at Muvattupuzha, Perumbavoor or Ernakulam considering convenience of the parties. 2. All the respondents are served of whom respondent Nos.1 and 4 have entered appearance and respondent No.1 has filed a counter. Learned counsel for respondent No.1 states that there is threat for life of respondent No.1 if respondent No.1 has to go to Muvattupuzha, Perumbavoor or Ernakulam to contest the case there. Respondent No.1 has no serious objection if the case is transferred to the Sub Court at Kattappana or Pala in case this court decides to transfer the case. 3. There is no allegation made against the learned Sub Judge in this petition. However, I ascertained the views of Tr.P(C).No.308 of 2010 : 2 : learned Sub Judge whether he has any embarrassment for trying the suit for the reason that respondent No.4 is a practicing lawyer of that station. Learned Sub Judge in his report has stated that he took charge as Sub Judge, Thodupuzha only on 02- 08-2010 and it is only on perusing the records on receipt of O.M under reference from this Court that he learnt that respondent No.4 is a practicing lawyer of the courts at Thodupuzha. He has stated that he has no embarrassment in conducting trial but has requested that since that lawyer is practicing in his court also the case may be transferred to any other court. I accept the request of learned Sub Judge. Considering convenience of parties and the apprehension of respondent No.1, I consider it proper that the case is transferred to the Sub Court, Pala. Resultantly this petition is allowed in the following lines: (i) O.S.No.13 of 2007 pending in the Sub Court, Thodupuzha is withdrawn from that court and made over to the Sub court, Pala. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-