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. 20290 of 2009(E) --------------------------------------- PETITIONER(S): ----------------------- K.CHANDRAN PILLAI,AGED 39 YRS, S/O.KRISHNA PILLAI,PRESENTLY WORKING AS 'NADASWARAM'AT MAJOR POZHIKKARA DEVASWOM TEMPLE, POZHIKKARA,KOLLAM DISTRICT AND HAVING RESIDENTIAL, ADDRESS AT KUNNEL HOUSE,PAYIKKUZHI,OCHIRA.P.O, KOLLAM DISTRICT. BY ADV. MR.V.VENUGOPALAN NAIR RESPONDENT(S): ------------------------ 1. TE DEVASWOM COMMISSIONER,TRAVANCORE DEVASWOM BOARD,THIRUVANANTHAPURAM. 2. ASSISTANT DEVASWOM COMMISSIONER,OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER,VARKALA, THIRUVANANTHAPURAM DISTRICT. 3. ANIL KUMAR, PRESENTALY WORKING AS 'NADASWARAM', MAJOR NAVAYIKULAM DEVASWOM TEMPLE. 4. JAYAKUMAR, PRESENTLY WORKING AS 'NADASWARAM', MAJOR SHARKARA DEVASWOM TEMPLE. R1 & R2 BY MR.P.GOPAL SC, TDB. R3 BY ADV. MR.J.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.20290 of 2009-E ------------------------------ Dated this the 24th day of July, 2009. J U D G M E N T The petitioner is presently working as Nadaswaram in the Pozhikkara Devaswom. By Ext.P1 order of transfer passed on 8.6.2009 he was transferred to Sharkara Devaswom. The order of transfer did not take effect in view of the appeal filed by the third respondent aggrieved by his transfer from Sharkara Devaswom to another temple. The Devaswom Commissioner allowed the appeal and directed cancellation of Ext.P1 order transferring the petitioner from Pozhikkara. Ext.P2 order was thereupon passed cancelling Ext.P1 in so far as it relates to the petitioner and the third respondent. Ext.P2 is under challenge in this writ petition. The petitioner contends that as his transfer to Sharkara Devaswom as per Ext.P1 order was based on the option exercised by him and was in tune with the guidelines, the Assistant Devaswom Commissioner was not justified in cancelling Ext.P1. He contends that the cancellation of transfer ordered as per Ext.P1 is arbitrary and illegal and in gross violation of the guidelines governing transfer. The petitioner is a resident of Ochira. He is presently working W.P(C) No.20290 of 2009-E 2 in Pozhikkara Devaswom which is nearer to Ochira than Sharkara Devaswom. Therefore the retention of the petitioner at Pozhikkara does not visit him with adverse civil consequences or cause any real prejudice. It is also does not cause any inconvenience to him. I am therefore of the opinion that even if the order cancelling Ext.P1 is one in violation of the guidelines, the petitioner cannot be said to be a person aggrieved. I am therefore not inclined to entertain this writ petition. I accordingly decline jurisdiction and dismiss this writ petition. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab