IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 13645 of 2010(E) ----------------------------------------- PETITIONER(S): ------------------------- K.ASWATHI RANI, AGED 54 YEARS, W/O.MATHEW KOVOOR , DEPUTY DIRECTOR OF PROSECUTIONS, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HOME, SECRETARIAT, TRIVANDRUM. 2. THE JOINT SECRETARY, HOME (C) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. O.N.CHANDRAN, ASSISTANT PUBLIC PROSECUTOR, JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR. 4. P.R.MUHAMMED NAGUIB, ASSISTANT PUBLIC PROSECUTOR, JUDICIAL FIRST CLASS MAGISTRATE COURT,ERNAKULAM-1. R1 & R2 BY GOVERNMENT PLEADER SRI. ARAVINDKUMAR BABU R3 BY ADV.SRI.K.N.CHANDRABABU R4 BY ADV.SRI.VARGHESE C.KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13645/2010 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER BEARING NO.3231/C/09/DGP DTD. 17/12/2009 AND ISSUED BY THE DIRECTOR OF PROSECUTION (ADMN). P2: COPY OF THE APPLICATION FOR TRANSFER SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. P3: COPY OF THE G.O.(RT) NO.1393/2010/HOME DTD. THIRUVANANTHAPURAM 20/04/2010 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE G.O.(P) 15/89/P&ARD DTD. TRIVANDRUM, 22 MAY 1989 ISSUED BY THE SECRETARY TO THE GOVERNMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13645 of 2010 (E) --------------------------------- Dated, this the 18th day of May, 2010 J U D G M E N T The petitioner is presently working as Deputy Director of Prosecutions, Kozhikkode, and is due to retire on 31/03/2011. According to the petitioner, she had applied for transfer to Ernakulam or Idukki districts. It is stated that without considering the representation, Ext.P3 order has been issued promoting and posting respondents 3 & 4 to the respective stations prayed for by the petitioner. It was thereupon that this writ petition has been filed. 2. It is now disclosed by both sides that respondents 3 & 4 have already assumed charge in pursuance to Ext.P3, and therefore, at this distance of time, if the petitioner has any grievance that her claim has been overlooked, I feel the only course open to the petitioner is to approach the concerned authorities seeking appropriate orders modifying Ext.P3, in which event, it is for that authority to consider the claim with notice to the affected parties. WP(C) No.13645/2010 -2- 3. Having regard to the above, I dispose of the writ petition directing that it will be open to the petitioner to move the 2nd respondent seeking modification of Ext.P3, in which event, the 2nd respondent shall consider such representation with notice to the petitioner and respondents 3 & 4. This shall be done as expeditiously as possible, at any rate, within eight weeks of its receipt. The petitioner shall produce a copy of this judgment along with the representation before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg