IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17181 of 2011(W) ----------------------------------- PETITIONER: --------------- MADHUSOODANA WARRIER @ MADHU C WARRIER KAZHAKAM PUKILANTHARA DEVASWOM, NEYYATTINKARA GROUP, RESIDING AT NEDUMON WARRIATH, VEERANAKAVU PO, KATTAKKADA, THIRUVANANTHAPURAM. BY ADVS. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.R.SREEDHARAN NAIR SMT.MINI.V.A. RESPONDENT(S): ------------------- 1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE DEVASWOM COMIISSIONER TDB, DEVASWOM BOARD BUILDING, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 001. 3. VIBHOOTH CHANDRAN, KAZHAKAM ARYANKAVU DEVASWOM, PUNALUR GROUP,KOLLAM PIN - 615 301. BY S.C. TRAVANCORE DEVASWOM BOARD SRI. G. BIJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: acd WP(C).No. 17181 of 2011(W) APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF NOTICE DTD 21.8.2007 OF THIRUVITHAMCOORE DEVASWOM EMPLOYEES CONFEDERATION. EXT.P1A: COPY OF COMMUNICATION DTD 7.4.2010 OF CPI(M) DISTRICT COMMITTEE THIRUVANANTHAPURAM. EXT.P1B: COPY OF LETTER DTD 29.8.2009 ISSUED BY THE CPI(M) TRIVANDRUM DISTRICT COMMITTEE. EXT.P2: COPY OF NOTICE DATED 21.8.2007 OF THIRUVITHAMCORE DEVASWOM EMPLOYEES CONFEDERATION. EXT.P3: COPY OF NOTIFICATION INVITING APPLICATION FOR VARIOUS POSTS. EXT.P4: COPY OF PETITION DATED 12.2.2011 SUBMITTED BY PETITIONER BEFORE THE DEVASWOM OMBUDSMAN EXT.P5: COPY OF STATEMENT DTD 10.2.2011 OF THIRUVITHAMCORE DEVASWOM BOARD EMPLOYEES FEDERATION. EXT.P6: COPY OF THE ORDER DATED 21.6.2011 OF R2. EXT.P7: COPY OF ORDER DATED 2.3.2006 OF R2. EXT.P8: COPY OF ORDER DATED 15.10.2005 OF R2. EXT.P9: COPY OF ORDER DATED 20.2.2006 OF R2. EXT.P10: COPY OF MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 31.3.2011 AGAINST THE COMPLAINANT IN EXT.P6. EXT.P11: COPY OF THE APPEAL PETITION DATED 22.6.2011 SUBMITTED BY THE PETITIONER BEFORE R1. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.17181 OF 2011 ---------------------------------------------- Dated this the 28th day of June, 2011 JUDGMENT The petitioner alleges that by Ext.P6 order, he has been transferred on account of political ill-will and mala fides of respondents 1 and 2. 2. I have heard the learned Standing Counsel for the Devaswom Board also. Admittedly, the petitioner has been in the present station from 2005 onwards. So, he is due for transfer. Therefore, I am not inclined to consider the contentions of mala fides and political ill-will on merits, insofar as, as per the guidelines, the petitioner is liable for transfer especially since the petitioner himself claims that he has been requesting for transfer to a convenient station. But, the petitioner submits that the petitioner has requested for a convenient place of posting for long which has not been considered. The petitioner has filed Ext.P11 representation in this regard before the 1st respondent. For the present, the petitioner confines his relief for a direction to the 1st respondent to consider and and pass orders on Ext.P11. W.P.(C)No.17181/11 2 He submits that if he cannot be retained at the present station, he may be considered for a convenient posting as requested by him in earlier representation during the period of general transfer. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P11 with reference to the petitioner's claim for a convenient posting as per his request during the general transfers. The same shall be done, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.17181/11 3 W.P.(C)No.17181/11 4