Pappammal vs N. Chinna Gounder (died) and Others

T. Sathiadev, J.—The main point taken is that, the order of the appellate authority was passed without jurisdiction, in that, it was taken up

by III Addl. Sub-Judge, Tiruchirapalli, on being transferred by Principal Subordinate Judge on 18.7.1979, which could not have been done by the

Principal Subordinate Judge, because Rule 17 of the rules framed under Act 18 of 1960 empowers only the District Court to transfer appeals from

one appellate authority to another appellate authority. in T.R. Babu v. M.S. Shanmugham Chettiar (1965) 2 M.L.J. 15, it has been held that there

is a clear distinction between orders of transfer and administrative orders allocating business to the courts of particular Judges u/s 4-A of Tamil

Nadu Act III of 1873. Once a Judge has taken cognizance of a suit, any order removing the suit from his file is an order of transfer, and hence

Section 4-A would not apply. In the instant matter, appeal was presented on 5.3.1977. Thereafter, it was called on innumerable occasions, and

only after 2 years and 3 months, the Principal Subordinate Judge had transferred it to III Addl. Subordinate Judge. On most of the adjourned

dates, it was stated that. both sides were not ready, meaning thereby the matter was ready for hearing and disposal.

Rule 17 authorises only District Court to transfer an appeal from an appellate authority to another appellate authority.

Though Mr. Stanislas would attempt to contend that Sub-Judges are appellate authorities, by virtue of the Notification made in II-1 No.

3006/(f) of 1973, and that u/s 4-A of Act 3 of 1874, a Principal Subordinate Judge can at any time for arrangement of work among Courts

distribute cases among the various Sub-Judges, in view of Rule 17 and in the light of the decision above referred to, once the matter has been

taken up on the file of the Principal Subordinate Judge, he had no jurisdiction to transfer the appeal to III Addl. Subordinate Judge. Reference is

also made to the decision of this Court in O.R. Seshadri v. Sundarasana Gupta (1981) 2 M.L.J. 239.

Hence, the order of the appellate authority is set aside and the matter is now remitted to the Principal Subordinate Judge, who functions as

appellate authority under the Act is dispose of the appeal. This order would not preclude the District Judge to exercise his powers under Rule 17,

if it is considered just and convenient. Hence the revision petition is allowed. No costs.