IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WA.No. 2529 of 2009() --------------------- APPELLANT(S): PETITIONER -------------------------------- S.KRISHNAN NAMBOOTHIRI, S/O.N.SANKARAN NAMBOOTHIRI, MINOR ERAMELLIKKARA SANTHI, ERAMELLIKKARA (SREEVALLABHAN, MATHILBHAGOM, THIRUVALLA). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): RESPONDENTS -------------------------------------- 1. TRAVANCORE DEVASWOM BOARD - CHIEF COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. DEVASWOM COMMISSIONER OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM. 3. ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVALLA GROUP, THIRUVALLA. WA.No. 2529 of 2009 :: 2 :: 4. GURUPRASAD, DEVASWOM SANTHI, KURATTI DEVASWOM. 5. S.HARIKUMAR, DEVASWOM SANTHI, KUNNAMTHANAM DEVASWOM, KUNNAMTHANAM. 6. N.E.VASUDEVAN NAMBOOTHIRI, DEVASWOM SANTHI, MEENTHALAKARA DEVASWOM, MEENTHALAKARA. R1 TO R3 BY ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE & SRI.P.GOPAL ADV.SRI.S.KRISHNAMOORTHY SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ------------------------------------------------ W.A.No.2529 of 2009 ----------------------------------------------- Dated this the 23rd day of November, 2009 JUDGMENT Kurian Joseph, J. The writ petitioner is the appellant. The writ petitioner approached this court challenging Ext.P9 order passed by the 3rd respondent, in the matter of transfer. As per the said order, the 3rd respondent informed the petitioner that his request for transfer to the place of his choice could not be considered, since all the transfer and posting for the year had already been effected. 2. Learned single Judge, taking note of the non-availability of vacancy to accommodate the petitioner in a place of his choice, disposed of the writ petition, permitting the petitioner to make a request, when options are invited during February, 2010, as part of general transfer. 3. Learned counsel for the Devaswom Board undertakes that in case the petitioner W.A.No.2529 of 2009 :: 2 :: exercises such option, subject to seniority, the petitioner will be accommodated in a place of his choice and in case there is a vacancy available. The above submission is recorded and the writ appeal is disposed of. We make it clear that the judgment of the learned single Judge will stand modified to the above extent and the rest of the directions will stand as such. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy// P.S. to Judge.