IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WA.No. 1390 of 2010 ------------------------ AGAINST THE JUDGEMENT IN WPC.20423/2010 Dated 01/07/2010 .................... APPELLANT/PETITIONER --------------------------- JAYAKUMAR.S. S/O. GOVINDA PILLAI, SANTHI NIVAS, MAZHUKKEER, KALLISSERY.P.O, CHENGANNUR (ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVALLA GROUP) BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE TRAVANCORE DEVASWOM BOARD/CHIEF COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY PIN-695001. 2. THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANNDHANCODE, THIRUVANANTHAPURAM-695001. 3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, ARANMULA GROUP PIN-689533. 4. K.KUMARAN NAIR, ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP. PIN-695121. BY STANDING COUNSEL SRI.P.GOPAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No.1390 of 2010 ------------------------------------------ Dated this the 19th day of August, 2010 JUDGMENT Ravindran, J. The appellant is the petitioner in W.P.(C) No.20423 of 2010. The writ petition was filed challenging Ext.P9 order transferring the appellant who was then working as Administrative Officer, Chengannur Devaswom and posting him as Assistant Devaswom Commissioner at Thiruvalla. By the judgment under challenge, the learned single Judge held that no grounds exist to interfere with the order of transfer. Hence this writ appeal. 2. We heard Sri.S.Subhash Chand, the learned counsel appearing for the appellant. We have also gone through the pleadings and the materials on record. The learned counsel for the appellant contended that though the transfer is from Chengannur to Thiruvalla which is within a distance of less than 15 Kilometres, the appellant being a cardiac patient will be put to serious prejudice if W.A. No.1390 of 2010 - 2 - he is compelled to work as Assistant Devaswom Commissioner at Thiruvalla as Assistant Commissioners are required to travel frequently. In our opinion, these are all matters which the appellant has to bring to the notice of the transferring authority. The pleadings disclose that requesting for a posting at Chengannur atleast during the next year the appellant has filed a representation before the Travancore Devaswom Board. In view of the fact that the appellant has been transferred from Chengannur to Thiruvalla which is within a distance of 15 Kilometres from the appellant's place of residence we are not inclined to accept the contention of the appellant that the transfer will cause serious prejudice to him. 3. In such circumstances, we find no grounds to entertain this writ appeal. The writ appeal is accordingly dismissed. We make it clear that any observation made in this judgment or in the judgment of the learned single Judge will not stand in the way of the Travancore Devaswom Board W.A. No.1390 of 2010 - 3 - considering the request, if any, made by the appellant for a posting at Chengannur during the next year. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns