IN RE: RAMALINGA ODAYAR Vs. STATE

JUDGEMENT

(1.) This is an application for transfer of C.C. No. 23 of 1927 on the file of the Court of the Sub-divisional Magistrate, Mayavaram, now pending before the Additional District Magistrate, Tanjore, back to the Sub-divisional Magistrate of Mayavaram. The main ground urged by Mr. Ethiraj is that his clients, the accused, were not given notice before the transfer was ordered. In cases of transfer, the District Magistrate, before passing an order of transfer, should give an opportunity to the accused to show cause why a transfer should not be made. In this case, the accused were not given notice of the application for the transfer of the case and the learned District Magistrate seems to have thought that he had no power to revise his own order. It cannot be said that an order of transfer is a final order. If sufficient grounds are shown, the case once transferred can be re-transferred to the same Magistrate or transferred to any other Magistrate who in the opinion of the District Magistrate would be the proper person to try the case. On the sole ground that the accused had no notice of the application for transfer, I set aside the order of the District Magistrate. It is open to him to transfer the case back to the Sub-divisional Magistrate of Mayavaram or to transfer the case to the Additional District Magistrate or to any other Sub-divisional Magistrate who in his opinion should try the case.