IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15321 of 2009(I) ------------------------------------- PETITIONER(S): ---------------------- CHANDRAN.K.B., S/O.BHASKARAN, AGED 54 YEARS, VALLIPARAMBIL HOUSE, PERUNTHODI, POOLAKKUTTY P.O., KANNUR DISTRICT. PRESENTLY WORKING AS AGRICULTURAL ASSISTANT, KRISHI BHAVAN, PAYYOLI, KOZHIKODE DISTRICT. BY ADV. MR.V.N.RAMESAN NAMBISAN RESPONDENT(S): ------------------------- THE PRINCIPAL AGRICULTURE OFFICER, CIVIL STATION, KOZHIKODE. BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.15321 of 2009 -------------------------------------- Dated 8th June, 2009 JUDGMENT Heard Sri.V.N.Ramesan Nambisan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Agricultural Assistant in the Krishi Bhavan at Payyoli in Kozhikode District. He is due to retire from service on 31.3.2011. The petitioner met with an accident on 7.10.2008 as a result of which he sustained serious injuries to both his legs. He thereupon moved the Principal Agriculture Officer, Kozhikode by submitting Ext.P1 representation dated 10.2.2009 pointing out that a vacancy of Agricultural Assistant exists in the Coconut Nursery at Thikkodi and that taking note of the injuries sustained by him he may be transferred and posted in the Coconut Nursery at Thikkodi. It appears that, in the meanwhile, by order dated 2.2.2009 the petitioner was transferred on work arrangement basis to Palakkad District to serve in the Kerala State Civil Supplies Department for collection of paddy. The petitioner thereupon filed W.P.(C)No.7147 of 2009 in this Court. By judgment delivered on 16.3.2009 this Court closed the said writ petition reserving liberty with the petitioner to move the higher authority seeking cancellation of the order passed by the Principal Agriculture Officer. Thereafter, by order passed on WP(C).No.15321/2009 2 27.4.2009, the order impugned in W.P.(C)No.7147 of 2009 was cancelled. In this writ petition, the petitioner inter alia seeks a writ in the nature of mandamus directing the respondent to consider his request in Ext.P1 for transfer and posting to the Coconut Nursery at Thikkodi and to take a decision thereon within a time limit to be fixed by this Court. 3. According to the petitioner, in view of the injuries sustained by him in the accident that took place on 7.10.2008, he is not in a position to do field work. The question whether in view of the facts stated in the writ petition and in Ext.P1, the petitioner can be accommodated at Thikkodi as requested by him in Ext.P1 is primarily a matter to be decided by the respondent. Ext.P1 is dated 10.2.2009. Nearly four months have passed thereafter. In these circumstances, I dispose of this writ petition with a direction to the respondent to consider whether in view of the facts stated in this writ petition and in Ext.P1, the petitioner can be accommodated at Thikkodi. A decision in that regard shall be taken within three weeks from the date on which the petitioner produces a certified copy of this judgment along with a copy of this writ petition before the respondent. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS