IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 32115 of 2009(H) -------------------------- PETITIONER(S): --------------- JACOB G. PANOOSE, AGED 46 YEARS, S/O. LATE G.C. PANOOSE, NJALLIYIL HOUSE, CHERUVALLY PO, MANIMALA, KOTTAYAM DISTRICT, WORKING AS LAD CLERK ERUMELY GRAMA PANCHAYAT, KOTTAYAM DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, KOTTAUYAM. 3. THE ERUMELY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.32115 OF 2009 (H) -------------------------------------------------- Dated this the 11th day of November, 2009 J U D G M E N T Petitioner is working as LD clerk in the Erumely Grama Panchayat in Kottayam District since 9.7.2008. It is stated that he is a physically handicapped person with 45% speaking disability. Aggrieved by Ext.P3 order transferring him to Kumaranelloor Grama Panchayat, he has approached this court. 2. The case was adjourned for the Government Pleader to obtain instructions in the matter. When the matter came up today, Government Pleader has produced before me copy of a resolution passed by the Erumeli Grama Panchayat on 1.10.2009, resolving to request the Deputy Director of Panchayat to transfer the petitioner. The reasons mentioned in the resolution are the misbehaviors of the petitioner. 3. On the material produced, I have no reason to doubt the genuineness of the resolution passed and if so in view of the misbehavior of the petitioner noticed in the resolution, which, if true, are misconducts also, this court will not be justified in WPC.No.32115 /09 :2 : interfering with Ext.P3 order of the Deputy Director transferring the petitioner. Therefore the writ petition is only to be rejected and I do so. Counsel for the petitioner submits that the petitioner is a resident of Manimala and that there is a vacancy in Kangazha Grama Panchayat in which he can be accommodated. If there is a vacancy as submitted, it is up to the petitioner to move the Deputy Director of Panchayat and in which event the Deputy Director shall deal with the representation in accordance with law. (ANTONY DOMINIC) JUDGE vi/