IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WA.No. 1773 of 2011() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.18739/2011 Dated 27/07/2011 .................... APPELLANT(S): --------------------- G.SUSEELA KUMARI, W/O.T.S.MOHANAN PILLAI, AGED 53YEARS, KANNAMBALAM, PERUMON P.O., KOLLAM DISTRICT. BY ADV. SRI.SANU.S.PANICKER SRI.U.BALAGANGADHARAN RESPONDENT(S): ----------------------- 1. RENUKA.T.S., AGED 53 YEARS, C/O.ABHINDAS, JAYA NIVAS, KOTTILAPPARA HOUSE, PERINCHERI, P.O. CHOWEOOR, THRISSUR DISTRICT – 680 001. 2. STATE OF KERALA, REP. BY ITS SECRETARY, REGISTRATION DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. REGISTRATION INSPECTOR GENERAL, OFFICE OF THE REGISTRATION INSPECTOR GENERAL, THIRUVANANTHAPURAM-695 001. R2 AND R3 BY SR.GOVT.PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1773 of 2011 ---------------------------------------------- Dated this the 23rd day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. The appellant herein was the third respondent before the learned Single Judge. He is aggrieved by the judgment of the learned Single Judge, wherein her transfer to Sub Registry, Cherpu is set aside. The private respondent herein approached the learned Single Judge on receiving Exhibit P2 transfer order transferring her from Cherpu to Akkikavu and in her place the appellant was transferred from Karunagappilly. 2. It is not in dispute that the writ petitioner on promotion was posted as Sub Registrar, Cherpu as per order dated 31.3.2011. After joining duty at Cherpu on 1.4.2011, she received Exhibit P2 dated 6.7.2011. When her transfer to Akkikavu was within a period of three months after joining duty at Cherpu on 1.4.2011, by an interim order dated 11.7.2011, this Court permitted the private respondent to remain at Cherpu. On WA.1773/11 2 appearance of this appellant before the learned Single Judge as per the contentions raised by her, we note that she was not able to join duty at Cherpu pursuant to Exhibit P2, in view of the interim order dated 11.7.2011 passed by this Court. She was permitted to join at Akkikavu, where originally the writ petitioner was supposed to join. According to the appellant herein, the writ petitioner has misled the court in getting such an order. 3. After perusal of the contentions of the writ petitioner as well as the appellant, the learned Single Judge, after referring to all the contentions, especially the fact that the appellant on her request was transferred to Karunagappally and before she could complete one year of stay at Karunagappally she was transferred to Cherpu displacing the writ petitioner, was justified in saying that there was no justification for the concerned authority to transfer the writ petitioner from Cherpu, who hardly stayed for about three months at Cherpu. In other words, according to the learned Judge, the transfer of the writ petitioner was ordered by malafide exercise of power and therefore, there was no justification in transferring the writ petitioner. In that view of the matter, the learned Single Judge ultimately cancelled the transfer of the private respondent/writ petitioner to Akkikavu. We also WA.1773/11 3 note that factually the present appellant has already joined at Akkikavu Sub Registry and the writ petitioner is continuing at Cherpu Sub Registry. 4. The reasoning of the learned Single Judge is justified and the appellant is not able to make out any good ground to interfere with the judgment of the learned Single Judge. We also note that the interest of the appellant is protected by the learned Single Judge as it is always open to her to seek for change of place in the coming general transfers. The Writ Appeal is dismissed accordingly. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs