IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23870 of 2011(G) -------------------------- PETITIONER: --------------- M.K.VISWAKUMAR, SUB REGISTRAR (UNDER ORDER OF TRANSFER), THENGANA SUB REGISTRY, CHANGANASSERY-VIA, KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER IBRAHIM RESPONDENTS: --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE INSPECTOR GENERAL OF REGISTRATION, INSPECTORATE OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM-695 035. 3. G. BINOY, SUB REGISTRAR, UDUMBANCHOLA SUB REGISTRY, UDUMBANCHOLA P.O., IDUKKI DISTRICT, PIN-685 554. R1 & R2 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23870 of 2011(G) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1: TRUE COPY OF THE ORDER NO.E1-8647/2011 DATED 18.8.2011 ISSUED BY THE 2ND RESPONDENT. P2: TRUE COPY OF G.O.(P) NO.12/04/P&ARD DATED 10.9.2001 ISSUED BY THE 1ST RESPONDENT. P3: TRUE COPY OF THE REPRESENTATION DATED 23.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL RKC //True Copy// PA to Judge. C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.23870 of 2011-G. = = = = = = = = = = = = = Dated this the 5th September, 2011. J U D G M E N T The petitioner is a Sub Registrar under the Department of Registration. This writ petition has been filed challenging Ext.P1 order of transfer and seeking for issuance of a writ of mandamus directing the first respondent to consider and pass orders on Ext.P3 representation. The contention of the petitioner is that pursuant to Ext.P1 the petitioner was transferred and posted as Sub Registrar at Thengana Sub Registry on 5.4.2010. The third respondent was promoted to the post of Sub Registrar as per order dated 31.3.2011. Pursuant to his promotion he was originally posted at Sub Registrar, Peermadu and immediately thereafter he was given transfer as Sub Registrar, Udumbanchola. Now, again he was given another transfer, on request, as per Ext.P1 order. As WP(C).No.23870/2011-G. 2 per Ext.P1 order the petitioner has been transferred from Sub Registry, Thengana and posted to Sub Registry, Udumbanchola and the 3rd respondent has been transferred from there and posted to Sub Registry, Thengana. In short, it is a mutual transfer as regards the petitioner and the 3rd respondent. The power of transfer is, certainly, not to be exercised to accommodate favourites. In short, the contention of the petitioner is that it is only to accommodate the third respondent he has been transferred from Sub Registry, Thengana. Going by the contentions of the petitioner, the third respondent who got promotion and posting as per order dated 31.3.2011 had, since then obtained two transfers and posting, on request, within a short span of four months. I am of the view that if the claims, contentions and grievances raised by the petitioner are true it requires serious consideration by the first respondent. Since the petitioner has already moved the first respondent through Ext.P3 representation I do not WP(C).No.23870/2011-G. 3 propose to consider this writ petition on merits, at this stage. The petitioner has taken all the contentions, claims as also the grievances against Ext.P1 in Ext.P3 representation. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P3 representation expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Needless to say that person/persons likely to be affected shall also to be put on notice before passing orders on Ext.P3. C.T.RAVIKUMAR, (Judge) Kvs/-