IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 29962 of 2009(M) -------------------------- PETITIONER(S): --------------- K.R.SANJAYAN, S/O.V.N.KRISHNAN NAMBOOTHIRI, SANTHI, THIRUVATTA DEVASWOM, UPARIKUNNAM SUB-GROUP, KOLLAM GROUP, RESIDING AT KRISHNA BHAVAN, MUNDAKKAL, PERUMPUZHA P.O., KUNDARA, KOLLAM. BY ADV. SRI.S.ABHILASH RESPONDENT(S): --------------- 1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, TRIVANDRUM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, TRIVANDRUM. 3. ASST.DEVASWOM COMMISSIONER, KOLLAM. 4. THE SUB-GROUP OFFICER, UPARIKUNNAM SUB GROUP, KOLLAM. SC FOR TDB SRI, P. GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29962 OF 2009 (M) -------------------------------------------------- Dated this the 23rd day of October, 2009 J U D G M E N T Petitioner is a Santhi working in the Thiruvatta Devaswom. By Ext.P2 order he has been transferred to Umayanalloor Devaswom. His grievance is that on an earlier occasion, when he was threatened with a transfer he had approached this court and filed WP(c). Nos.16443/07 and 3339/09 which were disposed of by Ext.P1 judgment directing that the representation filed by the petitioner shall be considered and orders passed. He submits that though in Ext.P2 it is stated that the Board has passed an order, it was without communicating the said order, that consequential order has been passed and he is now been transferred. The standing counsel for the Board has obtained instruction in the matter. According to the Standing Counsel, Board has passed an order as directed in Ext.P1 judgment as early as on 24.9.2009 and that the same has been communicated to the Assistant Devaswom Commissioner thorough the Devaswom Commissioner. It is stated that it was thereupon that Ext.P2 has been issued implementing the order dated 24.9.2009. WPC.No.29962 /09 :2 : Thus it is evident that the order passed pursuant to Ext.P1 judgment has not been communicated to the petitioner. If that be so, in my view Ext.P2 is premature. Therefore I dispose of this writ petition with the following directions. Order dated 24.9.2009 mentioned in Ext.P2 shall be served on the petitioner forthwith and in order to enable the petitioner to work out the remedies if any against the said order it is directed that Ext.P2 order of transfer shall be kept in abeyance for ten days from today. Petitioner may produce a copy of the judgment before the respondent for compliance. (ANTONY DOMINIC) vi JUDGE