IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 37256 of 2010(F) -------------------------- PETITIONER(S): --------------- M.A.THULASEEDASAN, S/O. LATE AYYAPPAN, AGED 51 YEARS, HEAD CLERK, CHENNEERKKARA GRAMA PANCHAYATH, RESIDING AT MANIMANGALATHU LAKSHMI NILAYAM, PARAKKODE, PATHANAMTHITTA-691 554. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PANCHAYATH, PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM-695 001. 3. THE ASSISTANT DIRECTOR OF PANCHAYATH, PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM-695 001. 4. THE SECRETARY, CHENNERKARA GRAMA PANCHAYATH, PATHANAMTHITTA-691 554. GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 37256 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15h day of December, 2010. J U D G M E N T The petitioner, who is a Head Clerk in the Panchayat Common Service, has been transferred from Chennerkara Grama Panchayat, Pathanamthitta District to Kaipamangalam Grama Panchayat in Thrissur District, that too, against a leave vacancy. According to the petitioner, the same is in violation of Ext. P2 transfer guidelines. He has also many personal difficulties as well. Therefore, according to the petitioner, his transfer to a place 100 kilometers away in the middle of the academic year is arbitrary and discriminatory. The petitioner therefore seeks the following reliefs: “i) Call for the records leading to issuance of Ext. P1; ii) declare that Ext. P1 is unsustainable in the eyes of law; iii) issue a writ of certiorari or appropriate writ or order or direction to the respondents to retain the petitioner in the preset station till his promotion.” 2. The learned Government Pleader submits that a complaint has been received against the petitioner in respect of preparation of voters' list of the Panchayat and that is why the petitioner has been transferred. I am not inclined to go into the merits of the contentions of the parties insofar as the petitioner has already filed Ext. P6 representation in this regard to the 2nd respondent. I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext. P6 as expeditiously as possible, at any rate, within W.P.C. No. 37256/10 -: 2 :- one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Till then, the petitioner shall not be relieved from the present station. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.