IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 18752 of 2009(L) ----------------------------------------- PETITIONER(S): ------------------------ G.SREEKUMAR, S/O.GANGADHARAN PILLAI, AGED 35 YEARS, KAZHAKAM, CHERUVALLY DEVASWOM AND RESIDING AT ARTHIYIL VEEDU, KIZHATTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM. BY ADV. MR.N.UNNIKRISHNAN RESPONDENT(S): ---------------------------- 1. THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. REP. BY ITS PRESIDENT. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.P.GOPAL, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18752 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of July, 2009 JUDGMENT The petitioner, while working as Kazhakam in Kadakkavur Sree Subramania Swamy Temple was transferred, pursuant to disciplinary action initiated against him, to Cheruvally Sree Bhagavathy Temple. The petitioner submits that notwithstanding the directions issued in Ext.P1 judgment, the disciplinary action has not been finalized and therefore, he has moved the Devaswom Commissioner seeking transfer and posting to a temple in Thiruvananthapuram/Kollam district. He submits that he is a native of Attingal in Thiruvananthapuram district and has now been transferred to Ponkunnam in Kottayam District, which is about 170 kilometers away from his home town. 2. The learned standing counsel appearing for the Travancore Devaswom Board submits that pursuant to the direction issued by this court in Ext.P1 judgment, the petitioner was heard and that in the light of the submission made by the petitioner at the time of hearing, the Devaswom commissioner has ordered a preliminary enquiry and that expeditious orders will be passed in the matter. He also submits that presently no vacancy exists in the Attingal group of temples against which the petitioner can be accommodated. W.P.(C) No. 18752/09 2 3. The pleadings disclose that the petitioner was transferred from Kadakkavur Sree Subramania Swamy Temple to Cheruvally Sree Bhagavathy Temple in November 2007. The period of two months fixed in Ext.P1 judgment for finalization of the disciplinary action has also expired. Ext.P3 discloses that the petitioner has requested the Devaswom Commissioner to transfer and post him in Attingal group of temples. Since the petitioner's transfer was necessitated on account of disciplinary action, I am of the opinion that the respondents cannot be compelled to transfer him back to the temple where he was initially working. I accordingly dispose of this writ petition with a direction to the second respondent to consider whether the petitioner can be accommodated in another temple in Kollam/Thiruvananthapuram district. A decision in that regard shall be taken within one month from the date on which the petitioner produces a certified copy of this judgment before the second respondent. Till then, the petitioner shall continue at Cheruvally Sree Bhagavathy Temple. P.N.RAVINDRAN, JUDGE. mn.