IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21313 of 2009(H) ------------------------------------ PETITIONER(S): ------------------------ K.RADHAKRISHNAN, HEAD CLERK, POVERTY ALLEVIATION UNIT DISTRICT PANCHAYAT KASARGOD KASARGOD DIST. BY ADV.MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER OF RURAL DEVELOPMENT COMMISSIONERATE OF RURAL DEVELOPMENT TRIVANDRUM. 3. K.SUNILKUMAR, HEAD CLERK BLOCK DEVELOPMENT OFFICE, MANNARCAUD, PALAKKAD DIST. R1 & R2 BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.21313 of 2009-H ------------------------------ Dated this the 29th day of July, 2009. J U D G M E N T Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner is presently working as Head Clerk in the Poverty Alleviation Unit in Kasargod District. This writ petition is filed aggrieved by the rejection of the petitioner’s request for transfer from Kasargod District to Mannarcaud in Palakkad District. The pleadings disclose that the petitioner has submitted Ext.P10 representation before the Principal Secretary to Government, Local Self Government Department wherein he has stated that though he had applied for transfer to Mannarkkad in Palakkad District in his application for transfer that was submitted in February 2009, his request was not considered for the reason that he has not completed one year service in Kasargod District. In my opinion, the question whether the petitioner can be transferred out before completing the normal tenure of three years in a station in view of the reasons set out in Ext.P10, is primarily a matter for the Government W.P(C) No.21313 of 2009-H 2 to decide. Since the petitioner has already moved the Government seeking redressal of his grievances, I am of the opinion that the petitioner should pursue the said remedy instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with a direction to the Government to consider Ext.P10 representation and take a decision thereon within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Local Self Government Department. The Government shall also afford the petitioner a reasonable opportunity of being heard before passing orders as directed above. I make it clear that I have not directed transfer of the third respondent to accommodate the petitioner and that if the Government proposes to transfer the third respondent, he shall also be afforded a reasonable opportunity of being heard. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab