IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 16352 of 2008(V) -------------------------- PETITIONER: ------------ M.N.VASUDEVAN NAMBOOTHIRI S/O LATE K.C. NARAYANN NAMBOOTHIRI, AGED 53 YEARS, RESIDING AT MAYAVILASAM ILLAM, (KIZHAKKANCHERIYILMANA), AYARKUNNAM P.O., KOTTAYAM . BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: ------------- 1. THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE DEVASWOM COMMISSIONER, THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKKOM. 4. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOTTAYAM. 5. THE SUB GROUP OFFICER, CHERUVALLY DEVASWOM OFFICE, TRAVANCORE DEVASWOM BOARD, CHERUVALLY P.O., KOTTAYAM. 6. SHRI ANILKUMAR, SHANTHI, CHERUVALLUY, MAJOR DEVI TEMPLE, CHERUVALLY, KOTTAYAM. BY STANDING COUNSEL SRI. D.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 16352 of 2008 --------------------------------- Dated this the 3rd day of June, 2008. JUDGMENT The petitioner who is a Melsanthi in the Travancore Devaswom Board challenges Ext.P3 order of transfer issued by the 4th respondent, by which he has been transferred from Chenapady to Thiruvarppu Major Sree Krishna Swamy Temple, Kottayam which is situated at a distance of 20 km. The petitioner submits that earlier he had served at Thiruvarppu and on his request he was transferred to Cheruvally. When he was serving at Cheruvally, he was transferred to Chenappady and the same was challenged before this court in WP.C.No.14580/2008. This court by Ext.P1 judgment required the petitioner to move the Commissioner by means of an appeal against the order of transfer. This has been done as per Ext.P4 which is pending orders. In the meanwhile, the 4th respondent as per Ext.P3 transferred the petitioner from Chenappady to Thiruvarppu and the same has been challenged in this writ petition. 2. I heard learned counsel for the petitioner Sri.N.Unnikrishnan and the learned Standing Counsel for Devaswom Board Sri.D.Sreekumar. 2. Learned counsel for the petitioner submits that there is WPC. 16352/2008 2 no justification for Ext.P3 order of transfer by which the petitioner has been transferred from Chenappady to Thiruvarppu pending consideration of Ext.P4, which is an appeal submitted in terms of Ext.P1 judgment. He further submits that the petitioner had served at Thiruvarppu for almost 8 years and it was on his request that he was shifted to Chenappady. Now he was brought back to Thiruvarppu without any justification. In my view these are matters which ought to be legitimately agitated before the Commissioner. The fact that the petitioner has now been transferred from Chenappady to Thiruvarppu should not stand in the way of the Commissioner considering Ext.P4 on merits. At the same time, the Commissioner shall also consider the petitioner's grievance as regards the transfer effected under Ext.P3. The decision shall be taken on Ext.P4 in this regard within three weeks from the date of receipt of a copy of this judgment. The petitioner may supplement Ext.P4 with an additional representation. V.GIRI, JUDGE. Pmn/ WPC. 16352/2008 3