IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Tr.P(C).No. 280 of 2007 -------------------------------- RCP.149/2004 OF PRL.MUNSIFF & RENT CONTROL COURT-II,KOZHIKODE. .................... PETITIONER/5TH RESPONDENT: ----------------------------------------------- K.N.JNANASEKHARAN, S/O. K.N.MUTHUSWAMI CHETTIAR, AGED 35 YEARS, RESIDING AT 19/1877, KASABA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.SANTHARAM.P. RESPONDENT/ PETITIONER: ----------------------------------------- K.REGHUNANDANAN, ADVOCATE, AGED 32 YEARS, S/O. K.P.G.PANICKER, KASABA AMSOM DESOM, P.O.CHALAPPURAM, KOZHIKODE TALUK. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C). NO. 280/2007: ORDER ON I.A. NO. 3217/2007 IN TR.P.(C) NO. 280/2007 DISMISSED 02/01/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 280 OF 2007 = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T This Transfer Petition is preferred with a prayer to transfer RCP 149/04 on the file of the Principal Munsiff and Rent Control Court-II, Kozhikode to any other competent Court. The reason averred are that the respondent and his father are practicing lawyers and that they have managed to obtain a Commissioner's report and wherever the petitioner goes in connection with the case attempt is made to sabotage it and as the petitioner belongs to an orthodox family he is not equipped with the vices of the world. 2. I heard the learned counsel for the revision petitioner in detail. Just because a client before Court happens to be an advocate it does not mean that there will be bias by one and all concerned. When he comes before Court as a litigant his status is only as that of a litigant and Tr.P.C. NO. 280 OF 2007 -:2:- our judicial system has got the necessary inbuilt to safeguard the spirit of justice and therefore by throwing a wild allegation the Court should not lightly transfer the case. There is absolutely no allegation against the presiding officer. The allegation is regarding the lawyer community. When an advocate is a party and even if the case is transferred to some other Court the status will remain as an advocate and therefore these types of apprehensions are not correct in order to transfer a case. However I make it clear that when the Court is taking up the matter and disposing of the matter it must bear-in-mind the principle that justice not only should be done but it should be seem to be done also. With this observation this Tr.P.C. is disposed of. M.N. KRISHNAN, JUDGE. ul/-