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W.P. (C) No. 14448 of 2011 - Kattakada Bar Association Vs. State of Kerala

posted Jan 8, 2012, 6:25 PM by Law Kerala   [ updated Jan 8, 2012, 6:26 PM ]

IN THE HIGH COURT OF KERALA AT ERNAKULAM 


The Hon'ble MR. Justice P.R.RAMACHANDRA MENON 

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W.P.(C) No.14448 OF 2011 (R)

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Dated this the 28th day of June 2011 

1. KATTAKADA BAR ASSOCIATION, ... Petitioner 

Vs 

1. STATE OF KERALA, ... Respondent 

2. REGISTRAR (SUBORDINATE JUDICIARY) 

3. CHIEF JUDICIAL MAGISTRATE, 

For Petitioner :SRI.N.NAGARESH 

For Respondent : No Appearance 

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 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

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