IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WA.No. 126 of 2009() -------------------- AGAINST THE ORDER IN WPC.1406/2009 Dated 14/01/2009 .................... APPELLANT(S): PETITIONER ------------------------ CHERIAN GEORGE, HEALTH INSPECTOR, DIVISION NO.5, PALAKKAD MUNICIPALITY, PALAKKAD. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS OFFICE OF THE REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS, KOZHIKODE. 2. D.DEVAYANI, CHAIRPERSON, PALAKKAD MUNICIPALITY, PALAKKAD. 3. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD. 4. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. ADV. SRI.T.C.SURESH MENON FOR R3 SRI.JIBU P THOMAS FOR R3 SRI.P.S.APPU FOR R3 SRI.A.R.NIMOD FOR R3 SRI.C.A.ANOOP FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2009, ALONG WITH WPC NO.1406 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- W.A. No.126 & W.P.(C) No.1406 of 2009 ---------------------------------------------- Dated 20th January, 2009. J U D G M E N T Kurian Joseph, J. Appellant/petitioner is aggrieved by the interim order dated 14.1.09 in the writ petition, refusing to interfere with the impugned order transferring the petitioner from Palakkad Municipality to Chittur - Thathamangalam Municipality. The writ petitioner is working as Health Inspector Grade II. When the Writ Appeal came up before us, we directed the writ petition itself to be posted along with the appeal. Learned counsel for the appellant/petitioner seeks an opportunity to approach the Director of Urban Affairs, the 4th respondent in the appeal, pointing out his grievances, particularly the grievance that he has only around nine months to retire from service and also the difficulty arising from a recent accident resulting in fracture of one leg. In the peculiar facts and circumstances of the case, we feel that it is only appropriate that liberty as prayed for is granted. Therefore, we dispose of the writ petition and the writ appeal permitting the petitioner to make a representation directly to the 4th respondent Director immediately. The 4th respondent WA NO.126/09 & WP(C) 1406/09 2 shall consider and dispose of the representation within another three weeks. The 4th respondent shall approach the issue with an open mind. We make it clear that the present charge arrangement will continue till such time and the post shall not be filled up on a regular basis till such time. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- W.A. No.126 & W.P.(C) 1406 of 2009 ---------------------------------------------- J U D G M E N T Dated 20th January, 2009.