IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 16718 of 2009(H) ------------------------------------- PETITIONER(S): ----------------------- M.MUHAMMED HUSSAIN, TAHSIDLAR, NATIONAL HIGHWAY (LAND ACQUISITION), NO.1, KAKKANAD, ERNAKULAM. BY ADV. MR.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPT. OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, MUSEUM, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 16718 OF 2009 -------------------------- Dated this the 5th day of August, 2009 J U D G M E N T Heard Sri.Babu Joseph Kuruvathazha, the learned counsel appearing for the petitioner and Sri. P. Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner, who is presently working as Tahsildar at Ernakulam has filed this writ petition seeking a writ in the nature of mandamus commanding the respondents to transfer and appoint the petitioner as Tahsildar in Pathanamthitta District, preferably in Adoor Taluk, which is his home station. The pleadings disclose that in respect of an alleged act of mis conduct, disciplinary action has been initiated against the petitioner and that was the reason why the Government rejected the petitioner’s request for posting in his home district by Ext.P19 order dated 28.3.09. Ext.P12 is the order passed by the Land Revenue Commissioner placing the petitioner under suspension for transferring government land to a private individual. Relying on Ext.P10 report submitted by the Tahsildar, Kozhenchery and Ext.P11 report submitted by the Revenue Divisional Officer, Adoor, the petitioner submits that he has only implemented the direction of the Government contained in Ext.P4 and therefore the stand taken by the Government in Ext.P19 cannot be sustained. WPC No.16718/09 2 3. The learned Government Pleader appearing for the respondents submits that the petitioner has already moved the Government by submitting Ext.P23 representation seeking reconsideration of the matter by the Government and that the Government will take a decision thereon expeditiously. In the light of the fact that the petitioner has already moved the Government seeking reconsideration of Ext.P19 order, I am of the opinion that the petitioner should await the outcome of the said request before seeking the intervention of this Court. I accordingly dispose of the writ petition with a direction to he Government to consider the request made by the petitioner in Ext.P23 and pass orders thereupon having due regard to the findings and observations and Exts.P10 and P11 reports. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of the judgment along with a copy of this writ petition before the Principal Secretary to Government, Revenue department. The Government shall also afford the petitioner a reasonable opportunity of being heard and after orders are passed, communicate a copy thereof to the petitioner. P.N.RAVINDRAN, JUDGE vps WPC No.16718/09 3