IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18680 of 2010(H) -------------------------- PETITIONER(S): --------------- ANNAMMA ABRAHAM, COUNCILOR & FORMER CHAIR PERSON, ADOOR MUNICIPALITY, KONNAYIL LIJO VILLA, KARUVATTA, ADOOR.P.O, PATHANAMTHITTA, PIN - 691 523. BY ADV. SRI.JACOB P.ALEX RESPONDENT(S): --------------- 1. DIRECTOR, URBAN AFFAIRS DEPARTMENT, THIRUVANANTHAPURAM. 2. SECRETARY, ADOOR MUNICIPALITY, MUNICIPAL OFFICE, ADOOR, PATHANAMTHITTA. 3. S. SHAJAHAN, MUNICIPAL COUNCILOR, USHARA MANZIL, KANNAMCODU, ADOOR. 4. P.V. ISSAC, HEALTH INSPECTOR GRADE I, ADOOR MUNICIPALITY, MUNICIPAL OFFICE, ADOOR 5. A.K. LATHA KUMARI, HEALTH INSPECTOR GRADE-I, ADOOR MUNICIPALITY, MUNICIPAL OFFICE, ADOOR. 6. ADOOR MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, ADOOR. 7. JAYAKUMAR, SECRETARY, PUNALOOR MUNICIPALITY, PUNALOOR, KOLLAM. R1 BY G.P. SMT. K.R. DEEPA ADV. SRI. K.SHAJ FOR R2 SRI.SAJJU.S FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18680 of 2010-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2010. JUDGMENT The petitioner is the former Chairperson of Adoor Municipality. A complaint filed by the then Secretary of the Municipality before the Ombudsman for Local Self Government Institutions, is pending consideration as Complaint No. 1051/08 along with Complaint No.1157/2008 filed by the petitioner. In the enquiry with respect to the said complaints, the learned Ombudsman passed an order Ext.P6, to the effect that Shri P.V. Issac, witness No.4 shall not be transferred until further orders. This order was passed based on the application filed by the petitioner that if he is transferred, it will affect the trial of the case. 2. Presently, the petitioner is aggrieved by Exts.P9 and P10 orders passed by the Director of Urban Affairs, whereby Shri P.V. Issac is transferred to Paravoor Municipality. Ext.P10 shows that he has been ordered to be relieved. 3. Learned Govt. Pleader on instructions, submitted that the evidence in the case is over as revealed from Ext.P7 order. It is submitted that the order of transfer was issued in the light of the fact that the evidence is over wpc 18680/2010 2 in the case. But still, a formal permission from the Ombudsman had to be obtained before the order of transfer was issued and therefore, the presently the order of transfer is withheld for moving the Ombudsman for appropriate orders. The same is recorded. The respondents will be free to approach the Ombudsman in the matter. The writ petition is closed. No costs. (T.R. Ramachandran Nair, Judge.) kav/