S NARAYANASWAMI Vs. PADMA

JUDGEMENT

(1.) The appellant filed an application before this Court for transferring a criminal case pending against him from the file of the court of the District Magistrate, Trichur to the file of the court of the District Magistrate. Quilon. A learned Judge of this Court dismissed the application; and the appellant seeks to file the appeal against that order.

(2.) Mr. Thayyil K. Vasudevan, the counsel of the appellant, argues that the appeal is competent under S.5(i) of the Kerala High Court Act, which reads:

(3.) The decision of a Division Bench of this Court in Ouseph v. Pylee ( 1957 KLT 1221 ) has been brought to our notice. In that case, the appellant filed an appeal before a Division Bench against an order appointing a receiver by a Single Judge. Raman Nayar J. (as he then was), in repelling the argument of the counsel of the appellant, observed