S.Ramesan Asary v. Kumari Latha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 Tr.P(C).No. 527 of 2014 () --------------------------- OP 399/2011 of FAMILY COURT, NEDUMANGAD --------------------- PETITIONER :

------------------ S.RAMESAN ASARY RETD, JUNIOR INSTRUCTOR, ITI CHERUKONATH VEEDU, POTHENCODE THIRUVANANTHAPURAM 695584 BY ADV. SRI.S.MOHANDAS RESPONDENTS :

----------------------

1. KUMARI LATHA D/O GOMATHI AMMAL, THUSHARA, VAZHOOTTUKONAM, VATTIYOORKAVU, THIRUVANANTHAPURAM 695013

2. MOHAN, THUSHARA, VAZHOOTTUKONAM, VATTIYOORKAVU THIRUVANANTHAPURAM 695013

3. SASEENDRAN, SREELAKAM, THAEHANKODU, THIRUMALA, THIRUVANANTHAPURAM 695027 R1 BY ADV. SRI.BASANT BALAJI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2015, ALONG WITH TPC. 528/2014, TPC. 530/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Tr.P(C).No. 527 of 2014 () APPENDIX PETITIONER'S ANNEXURES :

ANNEXURE I: COPY OF O.P. NO. 399/2011 FILED BY THE PETITIONER BEFORE HONOURABLE FAMILY COURT NEDUMANGAD RESPONDENT'S ANNEXURES :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

B.KEMAL PASHA, J.

................................................................ Tr.P.(C) Nos.527, 528 & 530 of 2014 ............................................................... Dated this the 3rd day of June, 2015

O R D E R

Tr.P.C.No.527 of 2014 has been filed seeking transfer of OP 399/2011 filed by the petitioner herein against the first respondent and two others, from the Family Court, Nedumangad to the Family Court, Attingal. The relief has been sought for against the first respondent alone. Tr.P.C.No.528/2014 is filed by the petitioner seeking transfer of OP 572/2011 pending before the Family Court, Nedumangd to the Family Court, Attingal. The said OP was also filed by the petitioner herein. Tr.P.C.No.530/2014 is filed by the petitioner seeking transfer of OP 264/2011 filed by the respondents before the Family Court, Nedumangad

Tr.P.(C) 527, 528 & 530 of 2014 -: 2 :- to the Family Court, Attingal.

2.

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.

According to the petitioner, members of the Nedumangad Bar are in inimical terms with him and none of the counsel there is ready to take his engagement. A quarrel had occurred between the petitioner and some of the members of the Bar, which had also resulted in the registration of a crime. The petitioner is residing at a place called Pothencode in Thiruvananthapuram District. Respondents are residing at Vattiyurkavu in Thiruvananthapuram District. Considering the said fact, and as rightly pointed out by the learned counsel for the respondent, the said OPs can be transferred from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram, instead of transferring them to the Family Court, Attingal.

In the result, these Transfer Petitions are allowed and

Tr.P.(C) 527, 528 & 530 of 2014 -: 3 :- OP 399/2011, OP 572/2011 and OP 264/2011 pending before the Family Court, Nedumangad are transferred to the Family Court, Thiruvananthapuram.

Sd/- B.KEMAL PASHA, JUDGE ul/- // True Copy // PA to Judge