IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 33828 of 2010(C) ----------------------------------------- PETITIONER(S): ------------------------ V.SANKARAN NAMBOOTHIRI, S/O.VISHNU NAMBOODIRI, KONGORPALLI ILLAM, KIDANGOOR SOUTH P.O., KOTTAYAM-686 583. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): ---------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695 001. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM-695 001. 3. ASSISTANT DEVASWOM COMMISSIONER, ETTUMANOOR, TRAVANCORE DEVASWOM BOARD-686 631. 4. SUB GROUP OFFICER, SASTHANKOTTA SUB GROUP, KIDANGOOR SOUTH P.O., KOTTAYAM-686 583. 5. C.K.VIKRAMAN NAMBOOTHIRI, S/O.KESAVAN NAMBOOTHIRI, CHENTHITTA ILLAM, ETTUMANOOR, KOTTAYAM DISTRICT-686 631. *ADDL.R6 IMPLEADED: R6. NARAYANAN NAMBOOTHIRI (VADAVATHOOR MELSANTHI), EDAMANA ILLAM, AYMANAM PO., KOTTAYAM. (*ADDL.R6 IS IMPLEADED AS PER ORDER DTD. 15/11/2010 IN I.A.NO.15784/2010) R1 & R2 BY ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, BY ADV. SRI.P.GOPAL, SC, TDB R5 BY ADV. SRI.N.UNNIKRISHNAN R6 BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33828/2010 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELIEVING ORDER OF THE PETITIONER ISSUED BY SUB GROUP OFFICER, LALAM DTD. 6/07/2010. P2: COPY OF THE ORDER ROC 6386/10/S DTD. 1/11/2010 ISSUED BY SECOND RESPONDENT. P3: COPY OF THE DISCHARGE SUMMARY OF HIS WIFE ISSUED BY LOURDE'S HOSPITAL, ERNAKULAM. P4: COPY OF THE APPEAL DTD. 4/11/2010 FILED BEFORE THE FIRST RESPONDENT BOARD BY PETITIONER. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE JUDGMENT OF THIS HON'BLE COURT DTD. 12/07/2010 IN WPC.NO.21197 OF 2010. R2(B): COPY OF THE ORDER OF THIS HON'BLE COURT DTD. 02/09/2010 IN RP.NO.771 OF 2010. R2(C): COPY OF THE REPORT OF THE ASSISTANT COMMISSIONER, KOTTAYAM DTD. 29/10/2010. R2(D): COPY OF THE REPORT OF THE ASSISTANT COMMISSIONER, ETTUMANOOR DTD. 30/10/2010 ALONG WITH THE REQUEST OF THE PETITIONER DTD. 29/10/2010. R2(E): COPY OF THE REQUEST OF THE PETITIONER DTD. 03/06/2010 ALONG WITH THE REPORT OF THE THEN ASSISTANT COMMISSIONER ETTUMANOOR DTD. 07/06/2010. R5(A): COPY OF ORDER ROC NO.6386/10/S. DTD. 1/11/2010. R5(B): COPY OF CERTIFICATE DTD. 4/4/1997 ISSUED BY DR.KURIAN PHILIP, ORTHOPEDIC SURGEON, S.H. MEDICAL CENTRE, NAGAMPADAM,KOTTAYAM. R5(C): COPY OF ORDER NO.125 DTD. 24/05/2010. R5(D): COPY OF APPEAL DTD. 13/06/2010. R5(E): COPY OF ORDER NO.74 DTD. 6/07/2010. R5(F): COPY OF JUDGMENT DTD. 12/07/2010 IN WP(C) NO.21197/2010. R5(G): COPY OF REPRESENTATION DTD. 20/07/2010 SUBMITTED BY THE 5TH RESPONDENT. R5(H): COPY OF ORDER DTD. 2/09/2010 IN R.P.NO.771/2010 IN WP(C) NO.21197/2010. /TRUE COPY/ P.S.TO JUDGE Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 33828 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th day of November, 2010. J U D G M E N T The petitioner is a Santhi in Iyyan Bhattaru Sastha Devaswom, Sasthankotta Sub Group. He came to that devaswom by Ext. P1 transfer order dated 6.7.2010. Now, by Ext. P2 dated 1.11.2010, he has been ordered to be transferred to Thiruvarppu Devaswom, Kottayam Group as Santhi. He is challenging the same. But, according to the 5th respondent, the 5th respondent has been posted at Vellappattukavu devaswom. The additional 6th respondent has also a claim for transfer to Thiruvarppu Devaswom. The 2nd respondent has filed a counter affidavit justifying the action taken by the Board. 2. I have heard all parties. 3. In view of the conflicting claims of three persons, I am not inclined to go into the merits of the contentions of the parties. I am of opinion that this matter should gain the attention of the 1st respondent. Accordingly, the writ petition is disposed of with the following directions: The petitioner and respondents 5 and 6 shall appear before the 1st respondent at Thiruvananthapuram for a hearing on 6.12.2010. On that date, the 1st respondent shall hear all three and take a final decision regarding the posting of all three within one week therefrom. Till then, status quo as on today shall be maintained in respect of the posting of the three persons. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.