IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 30713 of 2009(H) -------------------------- PETITIONER(S): --------------- P.V.VENUGOPALAN, S/O.P.V.KUNHAMBU(LATE), AGED 54 YEARS, RESIDING AT 'SWAPNAM', ANANTHAMPALLA, THAIKADAPPURAM P.O., NILESHWAR, KASARAGOD DISTRICT, NOW WORKING AS THE ASSISTANT SUB INSPECTOR OF POLICE, PANOOR POLICE STATION, KANNUR DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE INSPECTOR GENERAL OF POLICE, KANNUR RANGE, KANNUR. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KASARAGOD. 4. THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR. 5. SRI.RAMACHANDRA VARRIER, ASSISTANT SUB INSPECTOR OF POLICE, AMBALATHARA POLICE STATION, KASARAGOD DISTRICT. ADV. SMT.T.SUDHAMANI FOR R5 MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30713 of 2009 (H) --------------------------------- Dated, this the 21st day of December, 2009 J U D G M E N T The petitioner is an Assistant Sub Inspector of Police now working at Panoor and is due to retire on 31/03/2010. His home district is Kasaragod, and he has been representing for a posting to his home district. His representations were not considered and finally he approached this Court by filing WP(C) No.14284/2009. That writ petition was disposed of by Ext.P6 judgment dated 25/05/2009 directing consideration of his claim. 2. From the submissions made by the learned Government Pleader, it is admitted that certified copy of the judgment was received by the 1 st respondent on 17/06/2009. However, his claim was rejected by Ext.P8 order dated 15/07/2009. After Ext.P8, Ext.P9 order was issued on 24/07/2009 filling up one vacancy available in Kasaragod district by transferring and posting the 5 th respondent. Justification offered by the learned Government Pleader is that the said order of transfer was issued by the 1 st respondent on WP(C) No.30713/2009 -2- 13/07/2009. Even if this submission is accepted, fact remains that the certified copy of Ext.P6 judgment was received by the 1st respondent on 17/06/2009, and if that be so, on 13/07/2009, when the order of transfer was issued, the claim of the petitioner ought to have been considered. Evidently, his claim was not considered and for that reason, I am inclined to direct the 1st respondent to reconsider the claim of the petitioner and the 5th respondent for posting at Ambalathara as ordered in Ext.P9. The petitioner shall produce a copy of this judgment before the 1st respondent, who shall reconsider the matter as expeditiously as possible, at any rate, within four weeks of receipt of a copy of this judgment, and orders shall be passed only with notice to the petitioner and 5th respondent. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg