IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Tr.P(C).No. 221 of 2009() ------------------------- OS.423/2008 of II ADDL.SUB COURT,KOZHIKODE TO BE TRANSFERED TO SUB COURT, ERNAKULAM .................... PETITIONER(S): ------------------------------ MUHAMMED SHAN, S/O.MAKKAR, AGED 19 YEARS, PAKKATTUMOLEL (H), AYOORPADAM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE ADMINISTRATOR, KMCT COLLEGE OF ENGINEERING, I.G.ROAD, NATIONAL HOSPITAL COMPOUND, KOZHIKODE. 2. DR.K.NAVAS, S/O.K.MOIDU, AGED ABOUT 53 YEARS, MANAGING DIRECTOR, KMCT GROUP OF INSTITUTIONS, I.G.ROAD, NATIONAL HOSPITAL COMPOUND, KOZHIKODE. 3. THE PRINCIPAL, KMCT COLLEGE OF ENGINEERING, KALLANTHODE P.O., MANASSERI, MUKKAM, KOZHIKODE. 4. MANIKANDAN.T., S/O.NOT KNOWN TO THE PLAINTIFF, AGED ABOUT 20 YEARS, SEVENTH SEMENSTER STUDENT, MECHANICAL ENGINEERING, KMCT COLLEGE OF ENGINEERING, KALLANTHODE P.O. MANASSERI, MUKKAM, KOZHIKODE. 5. CLEXIN D'CRUZ, S/O.NOT KNOWN TO THE PLAINTIFF, AGED ABOUT 20 YEARS, SEVENTH SEMENSTER STUDENT, MECHANICAL ENGINEERING, KMCT COLLEGE OF ENGINEERING, KALLANTHODE P.O. MANASSERI, MUKKAM, KOZHIKODE. 6. RAJESH RAJ, S/O.NOT KNOWN TO THE PLAINTIFF, AGED ABOUT 20 YEARS, SEVENTH SEMENSTER STUDENT,AUTOMOBILE ENGINEERING, KMCT COLLEGE OF ENGINEERING, KALLANTHODE P.O. MANASSERI, MUKKAM, KOZHIKODE. 7. ASISH VIJAY.N., S/O.NOT KNOWN TO THE PLAINTIFF, AGED ABOUT 20 YEARS, FIFTH SEMESTER STUDENT, AUTOMOBILE ENGINEERING, KMCT COLLEGE OF ENGINEERING, KALLANTHODE P.O. MANASSERI, MUKKAM, KOZHIKODE. 8. RAJAKRISHNAN.R., S/O.NOT KNOWN TO THE PLAINTIFF, AGED ABOUT 20 YEARS, FIFTH SEMESTER STUDENT, ELECTRONIC AND COMMUNICATION ENGINEERING, B (BATCH), KMCT COLLEGE OF ENGINEERING, KALLANTHODE P.O. MANASSERI, MUKKAM, KOZHIKODE. ADV. SRI.M.KRISHNAKUMAR FOR R1 TO R3 SMT.PRABHA R.MENON FOR R1 TO R3 SRI.G.SREEKUMAR (CHELUR) FOR R4,5,7 TO 9 SRI.K.RAVI (PARIYARATH) FOR R4,5,7 TO 9 SMT.PREETHY KARUNAKARAN FOR R4,5,7 TO 9 SRI.JAYKAR FOR R4,5,7 TO 9 SRI.N.SURESH FOR R6 SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R10 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JMA S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.221 OF 2009 -------------------------- Dated this the 10th day of September 2009 ------------------------------------- ORDER Petition is for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the plaintiff in O.S No.423 of 2008 on the file of the Sub Court, Kozhikode. Suit is one for money and compensation, and respondents are the defendants. Petitioner joined for Engineering course in the K.M.C.T College of Engineering, Kozhikode, managed by the first respondent. It is alleged that he was subjected to ragging by some of the students of that institution, subsequent to which he discontinued the studies in that institution. He is now studying for the M.C.A course in an institution at Ernakulam. He has filed the above suit to claim refund of the capitation fee which is alleged to have been Tr.P.(C).No.221 OF 2009 Page numbers collected from him by the first respondent, for his admission in the institution and also compensation from the students and management of that institution for the loss and injury suffered by him on account of the ragging. He seeks for transfer of the case to a competent court in Ernakulam submitting that the respondents are highly influential and powerful and there is threat to his life in going over to Kozhikode to prosecute his case. 2. Notice of the application being given, the respondents have entered appearance. Respondents opposed the application. I heard the counsel on both sides. Inviting my attention to paragraph No. 4 and 5 of the transfer petition and also the grounds raised therein, the learned counsel for the petitioner submits that petitioner, a student who had been subjected to brutal ragging apprehends threat to his life if he is forced to go Tr.P.(C).No.221 OF 2009 Page numbers over for prosecuting his suit at Kozhikode. Apprehension so raised by the petitioner is refuted by the respective learned counsel appearing for the management and also the students, who are arrayed as defendants in his suit, submitting that the application is moved only because the petitioner has now joined a course in an institution in Ernakulam. He has instituted the suit at Kozhikode is also canvassed to contend that there is no bonafides in seeking for transfer. 3. After having heard the submissions of the counsel on both sides and taking note of the facts and circumstances presented in the case, I find that the apprehension raised by the petitioner that he envisages threat to his life if he is compelled to go over to Kozhikode to prosecute the case cannot be lightly brushed side. Previously Tr.P.(C).No.221 OF 2009 Page numbers the mother of the petitioner had approached this court and filed a writ petition for return of his certificates, refund of the capitation fee etc.. This court has disposed that writ petition by judgment dated 02/01/2008. Ext.P1 judgment disclose that this court directed for refund of the admitted fee and the certificates to the petitioner by the management of the institution, but since his calim for refund of capitation fee was refuted by the management he was directed to work out his remedies in appropriate proceedings. Pursuant thereto, he has filed this civil suit in which apart from claiming the refund of the capitation fee, he has also claimed compensation from the management and also the students, who are stated to have subjected him to ragging, for the loss and injury suffered. Petitioner is a native of Ernakulam District. The facts and circumstances presented in the case prima facie disclose that he suffered mental and physical Tr.P.(C).No.221 OF 2009 Page numbers injuries while continuing as a student, and as a n inmate in a hostel, managed by the first respondent. He is a student who is alleged to have been subjected to ragging, his age and the agony suffered by him are all to be taken note of in evaluating whether his apprehension of threat to his life in prosecuting the case at Kozhikode is bonafide and genuine. Petitioner has alleged that he suffers from kidney ailments, that his father is working abroad and there is no male member in the family to assist him and that the respondents who are stated to be highly influential and powerful have threatened him if he go over to Kozhikode. In the backdrop of Ext.P1 judgment rendered by this court earlier and the submissions made I am inclined to accept the apprehension raised by the petitioner as bonafide. Considering the facts and circumstances involved, I find the interests of justice demand transfer of the case from Sub Court, Tr.P.(C).No.221 OF 2009 Page numbers Kozhikode to a court in Ernakulam. I direct for transfer of O.S No.423 of 2008 from the Sub Court, Kozhikode to the Principal Sub Court, Ernakulam. Sub Court, Kozhikode is directed to transmit the records of the above case to the Sub Court, Ernakulam. The transferee court on receipt of the records shall give notice to the parties for appearance. Sd/- S.S.SATHEESACHANDRAN, JUDGE vdv P.A TO JUDGE