High Court Kerala High Court

Alungal Bharathan vs Vettanam Kadavath Aboobacker on 29 July, 2010

Kerala High Court
Alungal Bharathan vs Vettanam Kadavath Aboobacker on 29 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23687 of 2010(O)


1. ALUNGAL BHARATHAN, S/O. KUNCHI
                      ...  Petitioner

                        Vs



1. VETTANAM KADAVATH ABOOBACKER,
                       ...       Respondent

2. PUTHUSSERI VELAYUDHAN, S/O. KARAPPAN,

                For Petitioner  :SRI.P.CHANDRASEKHAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :29/07/2010

 O R D E R
                              THOMAS P. JOSEPH, J.
                            --------------------------------------
                            W.P.(C) No.23687 of 2010
                            --------------------------------------
                      Dated this the 29th day of July, 2010.

                                      JUDGMENT

This Writ Petition is in challenge of Ext.P6, order of learned District Judge,

Manjeri in O.P.(Transfer) No.2 of 2010 refusing to accede the request of

petitioner for transfer a case pending in the court of learned Munsiff, Tirur to

some other convenient court. Learned District Judge observed that there is no

ground to transfer the case, petition is devoid of merit and dismissed it. Learned

counsel for petitioner contends that on the facts pleaded, petitioner has a

genuine apprehension and hence learned District Judge was not correct in

dismissing the petition. According to the learned counsel, learned District Judge

has not properly considered facts leading to the request for transfer.

2. O.S.No.293 of 2008 of the court of learned Munsiff, Tirur where

petitioner is defendant No.1 is requested to be transferred. That is a suit filed by

respondent No.1 for mandatory injunction concerning certain alleged blank

cheques. Brother-in-law of petitioner had filed O.S.No.278 of 2008 in the same

court against respondent No.1. In that case, petitioner was not a party but he

was examined as a witness. Learned Munsifff initiated action against petitioner

and others under Section 340 of the Code of Criminal Procedure which petitioner

challenged in this Court in W.P.(C) No.31412 of 2009. This Court allowed that

Writ Petition and the proceeding against petitioner was quashed. That incident

WP(C) No.23687/2010

2

causes apprehension in the mind of petitioner, as I could read from the

averments in the petition. Learned counsel contends that if there is some

genuine apprehension in the mind of the litigant, request for transfer could be

allowed.

3. Whatever that transpired in O.S.No.278 of 2008 has culminated in

this Court quashing the proceeding as per judgment in W.P.(C) No.31412 of

2009 and hence that proceeding cannot have any life thereafter. Moreover,

contentious issues involved in the two suits are not the same. Hence, whatever

action was initiated by the learned Munsiff in O.S.No.278 of 2008 need not have

a bearing on the decision in O.S.No.293 of 2008 particularly in view of judgment

of this Court in W.P.(C) No.31412 of 2009. Learned Munsiff with his experience

will decide O.S.No.293 of 2008 on the merit of that case. In view of that, I do not

think it necessary to order transfer of the case.

Resultantly this Writ Petition fails. It is dismissed.

THOMAS P.JOSEPH,
Judge.

cks