IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WA.No. 2468 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.30681/2009 Dated 29/10/2009 .................... APPELLANT(S): PETITIONER ------------------------ K.S.SUDHAKARAN, S/O.PADMANABHAN NAIR, POKKINARAMBATH HOUSE, KOLATHARA, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. KOZHIKODE CORPORATION, REP. BY ITS SECRETARY, KOZHIKODE. 2. THE SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE. 3. THE HEALTH OFFICER, KOZHIKODE CORPORATION, KOZHIKODE. ADV. SRI.K.D.BABU,STANDING COUNSEL,KOZHIKODE CORPORATION -R1, R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO.2468 OF 2009 --------------------------------------------- Dated this the 5th day of November, 2009 JUDGMENT Kurian Joseph, J. Appellant is the Writ Petitioner. The Writ petitioner approached this court challenging his transfer from Circle No.13 to Circle No.10 under the same Corporation. The learned Single Judge dismissed the Writ Petition. The appellant submits that though the transfer is found to be from one circle to another, it involves a change in duty. It is further submitted that in view of the poor health condition of the appellant, who is a cardiac patient, he would not be in a position to discharge the changed duties. These are the matters to be considered by the second respondent. Therefore, we dispose of the Writ Appeal as follows: In the event of the appellant submitting an appropriate representation within one week from today before the second respondent, the same shall be duly considered by the second respondent, in accordance W.A. NO.2468 of 2009 2 with law, and order shall be passed within another two weeks. The judgment under appeal would stand modified to the above extent. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc