IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 25555 of 2008(P) ------------------------------------ PETITIONER(S): ------------------------ V.K. MOHANDAS, TOWN PLANNER, TOWN PLANNING OFFICE, KASARAGOD. BY ADVS. SMT.S.KARTHIKA MR.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI MR.M.R.ANISON MR.ABHISHEK P.S. SMT.KAVYA P.PRASAD RESPONDENT(S): -------------------------- STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (G) DEPARTMENT, SECRETRIAT, TRIVANDRUM. GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2555/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER APPLICATION NO.105/07 LSGD. DT. 4.4.07. P2:- COPY OF THE TRANSFER APPLICATION FILED AT THE TIME OF GENERAL TRANSFER DT. 21.2.08 SUBMITTED BY THE PETITIONER. P3:- COPY OF THE ORDER NO.GO(RT)NO.1862/08/LSGD DT. .7.08. P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DT. 1.7.08. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DT. 29.7.08. TRUE COPY P.A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25555/2008-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of March, 2009 J U D G M E N T The petitioner is working as Town Planner since June 2003 after successive promotions from the post of Assistant Town Planner. He is a native of Thrissur District. He had been working in other districts. Later he was transferred to Kasaragod District in March 2007. The petitioner had been seeking for transfer to a nearby station and on coming to know that there is a vacancy in Kozhikode District, he filed Ext.P4 representation before the respondent. Ext.P3 shows that there was an open vacancy in Kozhikode District. Since no action was taken, this writ petition was filed. 2. This Court had passed an interim order on 24/09/2006, directing the Secretary to Government, Local Self Government Department to file an affidavit within two weeks stating whether the vacancy of Town Planner, Kozhikode has been filled up. It was also directed to state whether any one among the town planners in the service in State of Kerala has got a better and superior claim than the petitioner for a posting at Kozhikode. But the learned counsel for the petitioner submitted that the vacancy at Kozhikode had been filled up by transferring another person from Alappuzha District. W.P.(C) No.25555/2008 -:2:- 3. The petitioner is now working at Kannur. The choice district is Thrissur. The petitioner is seeking for a transfer either to Thrissur or to Kozhikode. Already the petitioner has filed Ext.P5 representation before the Government. Therefore, the claim of the petitioner for a choice station will be considered along with the claims of others if any and appropriate orders will be passed within a period of six weeks from the date of receipt of the copy of this judgment. Petitioner will file a fresh representation within a period of two weeks from today. The claim of the petitioner will be considered in the next arising vacancy in Kozhikode or Thrissur Districts. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms