IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 28881 of 2011(I) -------------------------------------- PETITIONER(S): ---------------------- 1. HARIDASAN.K.K., GRADE ASI (HC-695), RAILWAY POLICE STATION, KOZHIKODE. 2. P.SADANANDAN, (SR.CPO-6442), RAILWAY POLICE STATION, KOZHIKODE. 3. PEETHAMBARAN.E., (SR.CPO-5480), RAILWAY POLICE STATION, KOZHIKODE. 4. SUBBRAMANIAN, (SR.CPO-7717), RAILWAY POLICE STAION, KOZHIKODE. 5. VELAYUDHAN.E., (CPO-6180), RAILWAY POLICE STATION, KOZHIKODE. 6. BABU.C.K., (SR.CPO-6080), RAILWAY POLICE STATION, KOZHIKODE. 7. SUNILKUMAR.T.K., (SR.CPO-6722), RAILWAY POLICE STATION, KOZHIKODE. 8. ABDUL AZEEZ, (CPO-6290), RAILWAY POLICE STATION, KOZHIKODE. 9. SADANANDAN.P.M., (SR.CPO-8388), RAILWAY POLICE STATION, KOZHIKODE. 10. P.SHINITH, (CPO-1827), RAILWAY POLICE STATION, KOZHIKODE. 11. K.SATHEESHKUMAR, (SR.CPO-6304), RAILWAY POLICE STATION, KOZHIKODE. 12. RADHAKRISHNAN.C., (SR.CPO-6755),RAILWAY POLICE STATION, KOZHIKODE. BY ADV. SRI.I.V.PRAMOD tss W.P.(C) NO.28881/2011 RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM, PIN 695001. 2. THE DIRECTOR OF GENERAL OF POLICE, (STATE POLICE CHIEF), POLICE HEAD QUARTERS, TRIVANDRUM, PIN 695001. 3. SETHUMADHAVAN, CPO 1366, WYNAD, SULTHAN BATHERI POLICE STATION-673 592. R1 & R2 BY GOVT. PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.28881/2011 APPENDIX PETITIONER(S) EXHIBITS P1:-COPY OF THE DGO.NO.1510/2011 ON 20.10.2011 OF THE 2ND RESPONDENT. P2:- COPY OF THE G.O.(MS)NO.609/1958 DATED 19.5.1958. P3:- COPY OF THE GOVERNMENT ORDER AS G.O.(MS) NO.231/04/HOME DATED 30.6.2004. P4:- COPY OF THE EXECUTIVE DIRECTIVE NO.1/2006 DATED 5.6.2006 ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE JUDGMENT IN WP(C) 30172/11 DTD. 11.11.11. P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER DTD. 13.11.11. P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH PETITIONER DTD. 16.11.11. P8:- COPY OF THE REPRESENTATION SUBMITTED BY THE 7TH PETITIONER DT.D 15.11.11. P9:- COPY OF THE REPRESENTATION SUBMITTED BY THE 12TH PETITIONER DT.D 15.11.11. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 28881 OF 2011 ----------------------------------------------------------- Dated this the 3rd December, 2011. JUDGMENT The petitioners are Civil Police Officers (CPOs) and Senior Civil Police Officers (SCPOs) of the Railway Police Station, Kozhikode. Most of them have been working at the present station for about one year. The second respondent has issued an order Ext.P1 transferring a number of other persons to the Railway Police Station, Kozhikode. It has been ordered in Ext.P1 that the transferred persons shall be accommodated, if necessary by transferring other seniors from Kozhikode. Therefore, the petitioners apprehend that they would be subjected to transfer, in order to accommodate the persons who have been transferred as per Ext.P1. The petitioners, 1, 6, 7 and 12 have therefore submitted representations to the second respondent which are produced as Exts.P6 to P9, requesting that they may not be disturbed from their present posting place. Similar representations would be submitted by the other petitioners also, it is submitted. WPC 28881/2011 2 2. According to the learned Govt. Pleader, the petitioners have not been transferred yet. However, he is not able to say whether there is any likelihood of the petitioners being transferred. 3. Counsel for the petitioners confines relief in the present writ petition to a direction to consider Exts.P6 to P9 and similar representations submitted by the other petitioners and to pass appropriate orders thereon, before transferring the petitioners. In view of the limited relief claimed, I am of opinion that this writ petition itself can be disposed of directing representations of the petitioners to be considered by the second respondent. 4. This writ petition is accordingly disposed of directing the second respondent to consider the representations submitted by the petitioners against their transfer from Kozhikode, including Exts.P6 to P9, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate before a decision is taken to transfer the petitioners from the present places of posting. The petitioners shall produce a certified copy of this judgment before the second respondent for compliance. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 28881/2011 3