IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 18841 of 2008(R) PETITIONER: --------------------- N. SUBRAMANYAN POTTI, S/O.V. NARAYANAN POTTY, AGED 39, MELSANTHI, KOTTARAKKARA DEVASWOM, KOTTARAKKARA GROUP, RESIDING AT PUTHIYA MADOM, VANDAR.P.O, KOTTARAKKARA. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN RESPONDENTS: ------------------------- 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, TRIVANDRUM. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 3. THE DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION), TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 4. THE ASSISTANT DEVASWOM COMMISSIONER, KOTTARAKKARA. 5. K. NARAYANAN POTTI, SANTHI, MELILA DEVASWOM, KOTTARAKKARA GROUP. BY SRI.D.SREEKUMAR - STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO.18841 of 2008 --------------------------------- Dated this the 23rd day of June, 2008 JUDGMENT The petitioner is presently working as Melsanthi of Kottarakkara Devaswom. Since he has completed three years of tenure, he applied for a transfer and he opted for three stations. By Ext.P1 order the Assistant Devaswom Commissioner transferred the petitioner to P.D.Manikanteswaram temple as Saha-Santhi. The petitioner did not object to the same because it was in acceptance of one of the options given by him. Apparently Ext.P1 is followed by Ext.P2 order passed by the Commissioner, which was done after hearing the objections of another person. According to the petitioner, no change was brought about under Ext.P2 . Thereafter under Ext.P3 the 5th respondent has been transferred to P.D.Manikanteswaram as Saha Santhi though under Ext.P1 the petitioner was transferred to P.D.Manikanteswaram as Saha Santhi. Under Ext.P3 there is an erratum brought about to Ext.P2 in as muchas that the 5th respondent is now posted at P.D.Manikanteswaram as Saha Santhi. It is admitted that there is only one post of Saha Santhi in the P.D.Manikanteswaram. The petitioner has preferred Ext.P4 before the Board. WPC.18832 /2008 2 2. I heard learned counsel for the petitioner and the learned counsel for the Travancore Devaswom Board. 3. Learned counsel for the Board submits that Ext.P3 is only an erratum to Ext.P2 and the Board will take steps to issue a posting order to the petitioner. The transfer effected under Ext.P1 did not come into effect because the order passed by the Assistant Commissioner attains finality only when the Commissioner passes an order in affirmation thereof. The description of the transferee station in relation to the 5th respondent under Ext.P3 is only a clerical error, it is submitited. In my view the issue requires to be considered by the Board. Accordingly, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P4, within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall be permitted to continue at Kottarakkara till the Board passes an order on Ext.P4. V. GIRI, JUDGE. pmn/ WPC.18832 /2008 3