IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WA.No. 579 of 2011 -------------------- AGAINST THE JUDGEMENT IN WPC.13450/2011 Dated 13/05/2011 .................... APPELLANT/PETITIONER: --------------------------- P.ATTAKOYA, S/O.MOHAMMED HAJI, AGED 47 YEARS, PALLOM HOUSE, KADAMATH, UNION TERRITORY OF LAKSHADWEEP, NOW WORKING AS STAFF CAR DRIVER, SPORTS (SOCIETY FOR PROMOTION OF NATURE TOURISM & SPORTS), KADAMATH ISLAND, UNION TERRITORY OF LAKSHADWEEP. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.ANIYANKUNJU VARGHESE RESPONDENTS/RESPONDENTS: ---------------------------------- 1. UNION TERRITORY OF LAKSHADWEEP, REP. BY ADMINISTRATOR, U.T. OF LAKSHADWEEP, KAVARATTI-682 555. 2. MANAGING DIRECTOR, SPORTS, (SOCIETY FOR PROMOTION OF NATURE TOURISM & SPORTS), KADAMATH ISLAND, UNION TERRITORY OF LAKSHADWEEP. KAVARATTI-682 555. 3. GENERAL MANAGER, SPORTS (SOCIETY FOR PROMOTION OF NATURE TOURISM & SPORTS), KAVARATI, UNION TERRITORY OF LAKSHADWEEP-682 556. 4. ASSISTANT GENERAL MANAGER, SPORTS (SOCIETY FOR PROMOTION OF NATURE TOURISM & SPORTS), KADAMATH, UNION TERRITORY OF LAKSHADWEEP-682 556. 5. ASSISTANT GENERAL, SPORTS (SOCIETY FOR PROMOTION OF NATURE TOURISM & SPORTS), MINICOY, UNION TERRITORY OF LAKSHADWEEP-682 559. WA.No. 579 of 2011 6. SHRI MUTHUKOYA, STAFF CAR DRIVER, SPORTS (SOCIETY FOR PROMOTION OF NATURE TOURISM & SPORTS), HEADQUARTERS, KAVARATI, UNION TERRITORY OF LAKSHADWEEP (SUBSTITUTE FOR THE PETITIONER AT KADAMATH)-682 555. R1 BY SRI.S. RADHAKRISHNAN, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.A.No. 579 of 2011 ---------------------------------------------- Dated this the 25th day of May, 2011 JUDGMENT Antony Dominic,J. The appellant is a driver in the Society for Promotion of Nature Tourism & Sports (SPORTS). By Exhibit P1 order dated 5.4.2011, he was ordered to be transferred. Aggrieved by Exhibit P1, he filed Exhibit P2 representation and filed W.P(C).No.13450/2011 before this Court challenging the order of transfer. When the Writ Petition was considered, learned counsel for the appellant confined his prayer for an expeditious consideration of Exhibit P2 representation. Accepting the request of the learned counsel, the Writ Petition was disposed of by the impugned judgment. 2. In this appeal it is mainly contended by the learned counsel for the appellant that pending consideration of the representation as directed, the order of transfer ought to have been stayed by the learned Single Judge. First of all, the judgment does not reflect that such a prayer was made before the learned Single Judge. Secondly, the learned Standing Counsel for the SPORTS also informs us that the appellant had already been relieved and his substitute has joined in WA.579/11 2 the post. In such circumstances, we are not inclined to consider the request of the appellant to stay the operation of Exhibit P1 order of transfer pending consideration of Exhibit P2 representation. Therefore, the Writ Petition is only to be dismissed and we do so. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs