IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 17050 of 2009(A) --------------------------------------- PETITIONER(S): -------------------------- P.A.NAUSHAD, SECRETARY, PERUVAMTHANAM GRAMA PANCHAYAT, IDUKKI DISTRICT. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, MR.T.R.SADEESAN. RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF PANCHAYATS,TRIVANDRUM. 2. SHRI.K.P.PRABHAKARAN, SECRETARY, AYROOR GRAMA PANCHAYAT, PALAKKAD DISTRICT. R1 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R2 BY ADV.MR.T.M.ABDUL LATHEEF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17050/2009 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.F.S.1/2007 DTD. 18/07/2007 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF CIRCULAR NO.E1-5/2008 DTD. 19/01/09 ISSUED BY THE 1ST RESPONDENT. P3: COPY OF RELEVANT EXTRACT OF DRAFT LIST ALONG WITH COVERING LETTER NO.E1-5/2008(1) DTD. 15/05/09 ISSUED BY THE 1ST RESPONDENT. P4: COPY OF ORDER NO.E801/2008 DTD. 12/06/09 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE GOVT.ORDER DTD. 4/04/2007. R1(B): COPY OF THE GOVT.ORDER DTD. 3/3/2008. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.17050 of 2009-A ------------------------------ Dated this the 17th day of August, 2009. J U D G M E N T Heard Sri.K.Jaju Babu, the learned counsel appearing for the petitioner and Sri.Antony Mukkath, the learned Government Pleader appearing for the first respondent. The petitioner who is presently working as Secretary of Peruvamthanam Grama Panchayat, has filed this writ petition aggrieved by Ext.P4 order dated 12.6.2009 passed by the Director of Panchayats, transferring him to Thidanad Grama Panchayat. The second respondent is the substitute appointed in the place of the petitioner. The petitioner challenges his transfer on various grounds. The first respondent has filed a counter affidavit in which it is stated that the petitioner was transferred and posted in Thidanad Grama Panchayat in view of the fact that the second respondent had to be posted at Peruvanthanam Grama Panchayat applying Rule 9(d) of Part II of the KS & SSR. 2. In my opinion as the Director has acted in terms of Rule 9(d) of Part II of the KS & SSR by posting the second respondent as Secretary of Peruvanthanam Grama Panchayat, where a large number of Tamil speaking people are admittedly residing, it cannot be said that the W.P(C) No.17050 of 2009-A 2 petitioner was not transferred in public interest and in the exigencies of service. I therefore find no reason to interfere with Ext.P4 order. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN JUDGE ab