IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 18842 of 2011(E) ---------------------------------------- PETITIONER(S): ----------------------- V.M.BABURAJ, BLOCK DEVELOPMENT OFFICER/ SECRETARY TO BLOCK PANCHAYAT, BLOCK PANCHAYAT OFFICE AT PALLAM, KOTTAYAM DISTRICT, RESIDING AT VELEMMATHU HOUSE, AYARKUNNAM P.O., KOTTAYAM DISTRICT. BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR. RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER FOR RURAL DEVELOPMENT, COMMISSIONERATE OF RURAL DEVELOPMENT, LMS COMPOUND, THIRUVANANTHAPURAM-695 001. 3. THE BLOCK PANCHAYAT AT PALLAM, REPRESENTED BY ITS SECRETARY, BLOCK PANCHAYAT OFFICE AT PALLAM, KOTTAYAM DISTRICT-686 007. 4. LATHAKUMARI SALIMON, WORKING AS PRESIDENT, BLOCK PANCHAYAT AT PALLAM, KOTTAYAM DISTRICT-686 007. 5. K.K.SOMANATHAN NAIR, THE SECRETARY, BLOCK PANCHAYAT AT MADAPPALLY, KOTTAYAM DISTRICT-686 546. R1 TO R3 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18842/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.4095/ESTT.B1/2011/CRD DTD. 11/02/2011. P2: COPY OF THE ORDER NO.4095/ESTT.B1/2011/CRD DTD. 23/05/2011. P3: COPY OF THE COMPLAINT DTD. 07/07/2011. P4: COPY OF THE ORDER NO.1670/ESTT.B1/2011/CRD DTD. 07/07/2011. P5: COPY OF THE G.O.(P) NO.15/89/P&ARD DTD. 22/05/1989. P6: COPY OF THE FLASH DAILY NEWS DTD. 08/07/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 18842 OF 2011 -------------------------------------------- Dated this the 13th day of July, 2011 JUDGMENT The petitioner is working as Block Development Officer/Secretary to the Block Panchayat at Pallam in Kottayam District. He is aggrieved by Ext.P4 order whereby on administrative grounds, he has been transferred and posted at Block Panchayat, Madappally which lies within the same district. According to the petitioner, he has been transferred and posted as per Ext.P4 only as a requital to his action in preferring Ext.P3 complaint against the President of the Block Panchayat, Pallam before the District Collector. I do not think that this Court should look into the correctness or otherwise of the allegations in Ext.P3 complaint preferred by the petitioner. It is for the petitioner to pursue with the said complaint in accordance with law. So also, there is no reason to believe that Ext.P3 complaint would not be considered by the District collector. Since Ext.P4 is an order passed on administrative grounds, the petitioner cannot make a complaint against the same raising the question of violation of the transfer norms in Ext.P5. That apart, a rift between the Secretary and President of W.P.(C) NO.18842/2011 2 a particular panchayat would definitely hamper the smooth functioning of the office and in such eventuality, the ultimate sufferers would be the general public. I do not find any reason to interfere with Ext.P4 taking into account the fact that the petitioner was transferred within the same district. However, in case the petitioner is having any grievance with respect to the transfer as per Ext.P4, it will be open to him to prefer an appeal against the said order before the appropriate authority. Subject to the said liberty, this Writ Petition is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18842/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.18842/2011 4