IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 18492 of 2009(F) --------------------------------------- PETITIONER: ------------------- DINESHAN PUTHALATH, MOTOR VEHICLE INSPECTOR, DEPUTY TRANSPORT COMMISSIONERS OFFICE, KOZHIKODE. BY ADVS. MR.SUNIL NAIR PALAKKAT, SMT.R.LEELA, MR.JIMMY.N.JOSEPH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, TRANSPORT (C) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.18492 of 2009-F ------------------------------ Dated this the 24th day of July, 2009. J U D G M E N T Heard Sri.Sunil Nair Palakkat, 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 Motor Vehicle Inspector in the office of the Deputy Transport Commissioner, Kozhikode. His grievance is that though the Government had directed the Transport Commissioner to post him in a non-sensitive post in his native district (Kannur), on his reinstatement in service after revoking the order of suspension, the said direction has not been complied with. It is contended that instead of posting him in Kannur District he has been reinstated in Kozhikode district. The learned Government Pleader submits on instructions that there are only six non-sensitive posts in the State against which an officer in the cadre of Motor Vehicle Inspector can be posted, namely three in Thiruvananathapuram district, one in Ernakulam district, one in Thrissur district and one in Kozhikode district and that as there was no such post in Kannur district, the petitioner was accommodated in the neighbouring Kozhikode district. W.P(C) No.18492 of 2009-F 2 3. From the submissions made at the Bar by the learned Government Pleader, it is evident that the direction issued by the Government in Ext.P3 is incapable of enforcement as there is no non sensitive post in Kannur District, against which the petitioner can be accommodated. The petitioner cannot therefore seek a writ in the nature of mandamus commanding the respondents to strictly implement the direction issued by the Government in Ext.P6. In any case, the petitioner who has been posted in the neighbouring Kozhikode district cannot be said to be aggrieved thereby. I accordingly hold that there is no merit in this writ petition. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab