IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WP(C).No. 35482 of 2010(I) -------------------------- PETITIONER(S): --------------- N.RAJAGOPAL, AGED 37 YEARS, S/O. N.NARAYANA PILLAI, MANIMALA, THULAMPARAMBU NORTH, MANNARSALA.P.O., HARIPAD-690550. (NTELLIGENCE INSPECTOR SQUAD NO.2 COMMERCIAL TAXES, ALAPPUZHA AT CHENGANNUR. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT, COMMERCIAL TAXES, DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. JOINT COMMISSIONER-1, DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695001. 3. DEPUTY COMMISSIONER, INTELLIGENCE DEPARTMENT, DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695001. 4. S.LAL, COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CLERK POST, WALAYAR-678624. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.35482 of 2010 ================== Dated this the 29th day of November, 2010 J U D G M E N T The petitioner is an Intelligence Inspector in the Sales Tax Department of the Government of Kerala. He is challenging Ext.P4 order, by which, he has been transferred to Amaravila Check Post. The petitioner submits that after a long tenure in Valayar Check Post, he has been given a posting near to his home station very recently and therefore, a further transfer now would unsettle his life in view of personal difficulties. The petitioner, therefore, seeks the following reliefs; “(i) To call for the records relating to Exts.P1 to P5 and to issue a writ of certiorari quashing Ext.P4 order to the extent of transferring the Petitioner from the post of Intelligence Inspector (IB) Alappuzha, presently working at Chengannur to Check Post Amaravila since the order of transfer is illegal and irrational. (ii) To issue a writ of mandamus commanding the first Respondent to consider and pass order in Ext.P5 and to keep in abeyance the transfer of the Petitioner till Ext.P5 is considered by the said authority.” 2. The learned Government Pleader points out that as is evident from Ext.P4, the present transfer of the petitioner is in administrative exigencies, insofar as Ext.P4 starts with the following paragraph: 'As part of the on going “Corruption Free Amaravila and related check post programme” the officials now working in check posts need to be replaced by a new team of officials. In the circumstances and in continuation of the orders read above, the following orders of transfer w.p.c.35482/10 2 and postings in the cadre of Commercial Tax Inspectors, Clerks and Peons are issued with immediate effect.' 3. I am not inclined go to into the rival contentions now. It is for the petitioner to take up the matter with the Government appropriately. Accordingly, I dispose of this writ petition with the following directions: If the petitioner files a representation before the 1st respondent regarding his transfer, the 1st respondent shall consider the same and pass orders on the same, as expeditiously as possible, at any rate, within one month from the date of receipt of the representation. The petitioner shall produce a certified copy of this judgment before the 1st respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge