IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 32925 of 2011(M) -------------------------------- PETITIONER: -------------- MUHAMMADALI CHALIYAN, L.P.S.A, GOVERNMENT UPPER PRIMARY SCHOOL, BHEEMANAD, MANNARKAD, PALAKKAD. BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENTS: ------------------ 1. THE ASISTANT EDUCATIONAL OFFICER, MANNARKAD, PALAKKAD - 678 582. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 678 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD - 678 001. 4. THE HEADMASTER, GOVERNMENT UPPER PRIMARY SCHOOL, BHEEMANAD, MANNARKAD, PALAKKAD - 678 582. BY SRI.M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32925/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT-P1 TRUE COPY OF THE O.P NO. 46/2005 FILED BY TWO MEMBERS OF THE PROTECTION COUNCIL BEFORE THE WAKF BOARD ON 10/02/2009. EXHIBIT-P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR. EXHIBIT-P3 TRUE COPY OF THE COMPLAINT FILED BY SRI.P. HAMZA HAJI AGAINST THE PETITIONER BEFORE THE 2ND RESPONDENT ON 27/10/2010. EXHIBIT-P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE MAGISTRATE COURT, MANNARKAD. EXHIBIT-P5 TRUE COPY OF THE COMPLAINT FILED BY SRI.P. HAMZA HAJI BEFORE THE 3RD RESPONDENT. EXHIBIT-P6 TRUE COPY OF THE NOTICE DATED 05/08/2011 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXHIBIT-P7 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATED 23/08/2011. EXHIBIT-P8 TRUE COPY OF THE TRANSFER ORDER DATED 30/11/2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32925 OF 2011 --------------------------------------- Dated this the 13th day of December, 2011. J U D G M E N T The petitioner is aggrieved by Ext.P8 order of transfer by which the petitioner is transferred from G.U.P. School, Bheemanad to G.W.L.P. School, Anavai on administrative grounds. Learned counsel for the petitioner submitted that the transfer order has been issued arbitrarily and without any justification. 2. It is pointed out by the learned counsel for the petitioner that a complaint was filed by one Sri.P.Hamza Hajee against the petitioner pointing out certain litigations involving him and based on which he has been transferred. It is submitted that no substitute has been posted in the place of the petitioner. Evidently, the order Ext.P8 is appealable. If the petitioner files an appeal within a period of one week before the appropriate authority, the same will be considered in accordance with law. The petitioner can also seek for W.P.(C) No.32925/2011 2 appropriate interim order in the matter which will also be duly considered. T.R. RAMACHANDRAN NAIR JUDGE smp