IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 14448 of 2011(R) ----------------------------------------- PETITIONER(S): ------------------------- KATTAKADA BAR ASSOCIATION, REPRESENTED BY ITS PRESIDENT ADV.N.SUKUMARAN PANICKER, KATTAKKADA, THIRUVANANTHAPURAM. BY ADV. SRI.N.NAGARESH RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO DEPARTMENT OF LAW, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. REGISTRAR (SUBORDINATE JUDICIARY) HIGH COURT OF KERALA, ERNAKULAM - 682 031. 3. CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM. 695 001. R1 & R3 BY GOVERNMENT PLEADER SMT.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.14448/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.C1-464/11 DATED 12/01/2011 OF THE 3RD RESPONDENT. P2 COPY OF THE LIST OF CASES ORDERED TO BE TRANSFERRED TO JFCM-II. P3 COPY OF THE REPRESENTATION DATED 04/10/2010 SUBMITTED TO THE HON'BLE CHIEF JUSTICE. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.14448 OF 2011 -------------------------------------------------- Dated this the 28th day of June 2011 JUDGMENT The petitioner has approached this court with the following prayers: i) Issue a writ of mandamus or any other writ, direction or order directing the 3rd respondent not to transfer cases pending in the Court of Judicial Magistrate of the First Class, Kattakada, to any other Court. ii) Issue a writ of certiorari or any other writ, direction or order and to set aside Exts.P1 and P2. iii) Issue a writ of mandamus or any writ, direction or order directing the respondents to sanction and establish an additional JFCM Court at Kattakada, if the pendency of cases in the existing JFCM Court so warrants. iv) Issue such other writ, direction or order this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case. 2. Taking note of the specific pleadings and prayers, this Court thought it fit to call for a report through the Registry; pursuant to which, a report bearing No.9448/2010 dated 30-07-2010 has been submitted by the Registrar of Subordinate Judiciary, also enclosing copies of the relevant proceedings as Annexure A to F. The learned counsel for the petitioner, who was W.P.(C) No.14448/2011 2 permitted to peruse the report and the proceedings, submits that, he has gone through the said proceedings and has realised the sequence of events. 3. Going by the report submitted by the Registry, it is brought to the notice of this Court that the transfer of cases was necessitated because of the heavy work load and pendency of the cases in JFCM, Kattakada and that, the proceedings were pursued and finalised only after getting proper clearance from this Court on the administrative side. Besides the reference to the sequence of events, reliance is also sought to be placed on the power of this Court under Section 407 of Cr.P.C, to transfer the cases and that the transfer has been effected, pursuant to the clearance given by the learned Judge of this Court who is having administrative charge over the district in question. 4. Considering the facts and circumstances, this Court finds that no interference is warranted in the Writ Petition. The Writ Petition is closed accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE