IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 17699 of 2011(J) -------------------------- PETITIONER: --------------- K.R.SURESHKUMAR, S/O.K.K.RAMAKRISHNA PILLAI, KOCHUVILA THEKKETHIL HOUSE, ULANADU.P.O., PATHANAMTHITTA-689 503 (WATCHER, KODUMTHARA DEVASWOM PATHANAMTHITTA SUB GROUP, ARANMULA GROUP). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS SECRETARY. 2. THE DEVASWOM COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM-695001. 3. THE ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, ARANMULA GROUP-689 109. 4. T.S.SUDHAKARAN PILLAI, WATCHER, ARANMULA DEVASWOM, ARANMULA. 689 109. 5. K.RAMESHKUMAR, WATCHER, ARANMULA DEVASWOM, ARANMULA. 689 109. ADV. SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17699 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE CIRCULAR DATED 10/2/2005 ISSUED BY RESPONDENT NO.2 SPECIFYING THE NORMS/GUIDELINES RELATING TO TRANSFER OF TEMPLE EMPLOYEES UNDER RESPONDENT NO.1 BOARD EXT.P2 : TRUE COPY OF THE CIRCULAR DATED 24/1/2011 ISSUED BY RESPONDENT NO.2 SPECIFYING THE NORMS/GUIDELINES RELATING TO TRANSFER OF TEMPLE EMPLOYEES UNDER RESPONDENT NO.1 BOARD EXT.P3 : TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER DATED 19/2/2011 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3 EXT.P4 : TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER DATED 20/2/2011 SUBMITTED BY RESPONDENT NO.5 BEFORE RESPONDENT NO.3 EXT.P5 : TRUE COPY OF THE ORDER DATED 19/6/2010 PASSED BY THE SECOND RESPONDENT EXT.P6 : TRUE COPY OF THE TRANSFER ORDER BEARING NO.5573 DATED 21/5/2011 PASSED BY RESPONDENT NO.3 EXT.P7 : TRUE COY OF THE APPELLATE ORDER DATED 9/6/2011 PASSED BY RESPONDENT NO.2 EXT.P8 : TRUE COPY OF THE ORDER DATED 14/6/2011 PASSED BY RESPONDENT NO.3 PURSUANT TO EXT.P7 ORDER EXT.P9 : TRUE COPY OF THE REVIEW ORDER DATED 23/6/2011 PASSED BY RESPONDENT NO.2 EXT.P10 : TRUE COPY OF THE APPEAL AGAINST EXT.P9 ORDER BEFORE RESPONDENT NO.1 RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE jma T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17699 Of 2011 -------------------------------------------------- DATED THIS THE 14TH DAY OF JULY, 2011 J U D G M E N T The petitioner is aggrieved by Exhibit P9 order by which he has been transferred to Kodumthara Devaswom in the place of the 4th respondent. 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Board and the learned counsel appearing for the 4th respondent. 3. The learned counsel for the petitioner submitted that the Commissioner has no power to review the order passed by the Commissioner himself, namely Exhibit P7 issued in exercise of the appellate power. 4. Exhibit P10 is an appeal filed by the petitioner before the Board. 5. The learned Standing Counsel for the Board as well as the learned counsel appearing for the 4th respondent submitted that what is ordered by the Commissioner is only a clarification. I am not pronouncing anything on the merits of the said issue, W.P.(C)No.17699/2011 -2- since it is upto the Board to consider and pass orders on Exhibit P10 appeal. It is submitted by the learned Standing Counsel for the Board that the same can be disposed of within a period of one month. 6. There will be a direction to the 1st respondent to take a decision on Exhibit P10 appeal after hearing the petitioner and respondents 4 and 5 within a period of one month from the date of receipt of a certified copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn