IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 27860 of 2009(B) -------------------------- PETITIONER(S): --------------- M.V.GEETHAKUMARI, D/O.LATE VASUDEVAN NAMBISAN, PUTHUKKUDI HOUSE, EDAYAKUNNAM, KOCHI-27. BY ADV. SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN RESPONDENT(S): --------------- 1. ASSISTANT COMMISSIONER, COCHIN DEVASWOM BOARD, THRIPUNITHURA. 2. DEVASWOM OFFICER, COCHIN DEVASWOM BOARD, CHERANALLUR GROUP, ERNAKULAM. 3. PRESIDENT, CHERANALLUR BHAGAVATHY KSHETHRA SAMITHY, CHERANALLUR P.O., KOCHI-682 034. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1-2 SRI.V.A.MUHAMMED FOR R3 SRI.M.SAJJAD FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27860 of 2009 (B) --------------------------------- Dated, this the 9th day of December, 2009 J U D G M E N T The petitioner is a Mala Kazhakom working under the Cochin Devaswom Board. By Ext.P6 order, she was transferred from Pazhayannur Bhagavathy Temple to Cheranalloor Bhagavathy Temple. However, according to her, at the instance of the 3rd respondent, she was not allowed to resume duty or sign the attendance register. It is complaining of this and praying for an order requiring respondents 1 & 2 for the proper implementation of Ext.P6 this writ petition was filed. 2. At the stage of admission, an interim order was passed by this Court directing respondents 1 & 2 to allow the petitioner to sign the attendance register and to work at the Cheranalloor Bhagavathy temple as ordered in Ext.P6. Accordingly, the petitioner jointed duty and is working at Cheranalloor. 3. The complaint of the 3rd respondent is that the authorities themselves had found the petitioner to be an undesirable person and therefore she ought not have been posted WP(C) No.27860/2009 -2- to the temple. It is seen that making allegations in this respect, the 3rd respondent has already moved the Secretary of the Board by filing Ext.P8 & R3(a). 4. Admittedly, Ext.P6 order of transfer has not been challenged by anybody. If so, so long as the order remains in force, the same has to be respected and implemented. Therefore, the petitioner is entitled to have the order implemented. Now that pursuant to the interim orders, the petitioner has joined duty and is discharging duties, her grievance in this respect stands redressed. In so far as the grievance of the 3rd respondent is concerned, their complaints have been made to the Secretary, which ought to have been made to the 1st respondent. Therefore, it is directed that it will be open to the 3rd respondent to produce the complaints, already made to the Secretary, before the 1st respondent, in which event, the 1st respondent shall consider those complaints with notice to the petitioner and 3rd respondent and take a decision in this matter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg