IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 8985 of 2008(S) ------------------------------------ OA.582/2007 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ---------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE JOINT SECRETARY (CPV) MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 3. THE ADMINISTRATIVE OFFICER ( PV.IV) MINISTRY OF EXTERNAL AFFAIRS,(CPV DIVISION) NEW DELHI. 4. THE REGIONAL PASSPORT OFFICER REGIOAL PASSPORT OFFICE, KOCHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENT(S): ------------------------ EVELIN DANIEL, W/O.JOSEPH GEORGE, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI RESIDING AT PASSPORT OFFICE STAFF QUARTERS NO.II/1, PLOT NO.III, PERUMANOOR P.O., COCHIN-682 015. ADV. SRI.T.C.GOVINDA SWAMY FOR R1 SMT.D.HEERA FOR R1 SMT.R.R.REJITHA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 8985/2008-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 20/08/2007. EXT.P2: COPY OF THE ORIGINAL APPLICATION NO.582/07 ALONG WITH THE ANNEXURES. EXT.P3: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS BEFRORE THE TRIBUNAL. EXT.P4: COPY OF THE REJOINDER. EXT.P5: COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS IN RESPONSE TO EXT.P4. EXT.P6: COPY OF THE ADDITIONAL REJOINDER. EXT.P7: COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS IN RESPONSE TO EXT.P6. EXT.P8: COPY OF THE ORDER DATED 09/11/2007 IN O.A.NO.582/07 PASSED BY THE HONOURABLE CENTRAL ADMINSTRATIVE TRIBUNAL, ERNAKULAM BECNH. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.8985 OF 2008 P ----------------------------------------------------- DATED THIS THE 6th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners who are the respondents in O.A.No.582/07 have filed this Writ Petition challenging the order of the CAT, dated 9.11.2007, disposing that O.A., giving certain directions to the Central Government. 2. The learned counsel for the respondent pointed out that, pursuant to the direction of the CAT and in the background of refusal of this Court to grant stay, the impugned order has already been implemented and the respondent/applicant has been transferred to Malappuram. In view of the above position, we think that the Writ Petition can be closed. But, it is clarified that the power of the writ petitioners to effect transfer of the respondent, if found necessary, in exigencies of service will not be affected by the judgment of the CAT, which is produced as Exhibit P8 or its implementation. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn