IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 33894 of 2008(I) ---------------------------------------- PETITIONER(S): ------------------------ N.J.PADMARAJAN, (FIRST GRADE SURVEYOR), ADDITIONAL TALUK SURVEYOR, KOZHIKODE - 20. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------- 1. THE COMMISSIONER, LAND REVENUE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEY AND LAND RECORD, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM. 3. THE DEPUTY COLLECTOR (VIGILANCE), NORTH ZONE, KOZHIKODE. 4. THE DISTRICT COLLECTOR, KOZHIKODE. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33894/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REPORT DT. 16.6.08 BEFORE THE COMMISSIONER, LAND REVENUE THIRUVANANTHAPURAM FROM THE DY. COLLECTOR (VIGILANCE) NORTH ZONE, KOZHIKODE. P2:- COPY OF THE LETTER DT. 13.10.08 FROM DY.COLLECTOR (GENERAL), KOZHIKODE. P3:- COPY OF THE LETTER OF SHRI ABOOBACKER. P4:- COPY OF THE ORDER DT. 1.11.08 OF THE 2ND RESPONDENT. P5:- COPY OF THE REPRESENTATION FROM THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 5.11.08. P6:- COPY OF THE PROCEEDINGS DT. 18.12.08 OF THE SURVEY DIRECTOR. P7:- COPY OF THE PROCEEDINGS DT. 24.12.08 OF THE KOZHIKODE DISTRICT COLLECTOR. P8:- COPY OF THE PROCEEDINGS DT. 1.1.09 OF SURVEY ASST. DIRECTOR. P9:- COPY OF THE PROCEEDINGS DT. 2.1.09 OF THE ADAKARA RE-SURVEY SUPERINTENDENT. P10:- COPY OF THE REPRESENTATION DT. 10.1.09 FROM THE PETITIONER TO DIRECTOR OF LAND REVENUE. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33894/2008-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 J U D G M E N T The petitioner is working as Additional Taluk Surveyor at Kozhikode. He joined there on 01/08/2007. Based on a complaint of one Palakkal Meethal Aboobacker dated 10/03/2007, action was taken against him. The petitioner was transferred by Ext.P4 to Kasaragod District, against which this writ petition is filed. By an interim order dated 18/11/2008, this Court stayed the said order and the respondents were further directed to give him a posting in any of the offices in Kozhikode District. 2. Thereafter, by Ext.P9, the petitioner was given a posting in Re- survey Office, Vadakara. 3. According to the petitioner he has already joined there, after the said order was received by him. The contention now raised is that, he is a person borne in the district establishment and therefore, he is entitled for a posting in any of the district establishments. The petitioner submits that at the time when the interim order was passed by this Court, this aspect could not be made mention of. Be that as it may, he has filed Ext.P10 representation before the Director of Survey seeking for appropriate orders in the matter and for a posting in any of the district establishments. It is also W.P.(C) No.33894/2008 -:2:- pointed out that the complainant, Sri.Aboobacker has withdrawn his complaint and the action in that regard has been dropped. Hence, there will be a direction to the second respondent to consider and pass orders on Ext.P10 within a period of one month from the date of receipt of the copy of this judgment. 4. Since the earlier order of transfer Ext.P4, has been modified as per Ext.P9, the merits of the order of transfer is not being adjudicated in the writ petition. It is left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms