IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH DAY OF DECEMBER 2011/29TH AGRAHAYANA 1933 WPC.No. 26838 of 2011 (D) ------------------------- PETITIONER(S): ------------------------ P.N.SREEKUMAR, AGED 43 YEARS, S/O.NARAYANAN EMBRAN, GARUDATH ILLOM, LIBRARY LANE, MUNICIPAL JUNCTION,N.PARAVOOR,ERNAKULAM DISTRICT. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S): ---------------------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM .PIN-695 001. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD,DEVASWOM BUILDINGS, NANTHANCODE,THIRUVANANTHAPURAM .PIN-695 001. 3. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, PARAVOOR GROUP, N.PARAVOOR, ERNAKULAM DISTRICT, PIN- 683 513. R1- TO R3 BY ADV.SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26838/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPLICATION DATED 3/9/2010 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. P2 COPY OF THE APPLICATION DATED 16/6/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. P3 COPY OF THE JUDGMENT DATED 20/6/2011 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.16401/2011. P4 COPY OF THE NOTICE DATED 25/7/2011 ISSUED BY THE RESPONDENTS. P5 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 27/7/2011 BEFORE THE RESPONDENT. P6 COPY OF THE ORDER DATED 01/8/2011 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.26838 of 2011 --------------------------------------------- Dated this the 20th day of December 2011 JUDGMENT The petitioner is working as Santhi at the Pattupurakkal temple. He had requested for a transfer to the place of his choice in the year 2010. The said request was rejected on the ground that he had completed only a period of one year at the present station. Subsequently, he submitted fresh applications. However, they were not considered. Therefore, he approached this Court by filing WPC No.16401 of 2011 seeking a direction for the consideration of his application for transfer. As per Ext.P3 judgment, his request was directed to be considered. Pursuant to the direction of this Court issued as per Ext.P3 judgment, the matter was considered, after hearing the petitioner also and Ext.P6 order has been passed, rejecting the petitioner's request. His request has been rejected for the reason that the incumbent, who is presently working at the Kannankulangara, the place to WPC No.26838 of 2011 2 which he had requested for transfer, has not completed three years. 2. According to the counsel for the petitioner, the person who is presently posted at Kannankulangara has completed three years on 28.8.2011. Therefore, he submits that there is absolutely no impediment in allowing the petitioner's request at present. 3. The counsel for the Travancore Devaswom Board on the other hand submits that there is no infirmity in the order Ext.P6 that is under challenge in this writ petition. Since the general transfer for the year 2012 is approaching, the petitioner can submit a fresh request for a transfer to the place of his choice at the time of general transfer. If such a request is made, he assures that the same would be considered and appropriate orders passed thereon, in accordance with law. 4. Having considered the rival contentions of the parties, I am not satisfied that Ext.P6 calls for any interference in exercise of my jurisdiction under Article 226 of the Constitution of India. As rightly pointed out by the counsel for the Travancore Devaswom Board, it is WPC No.26838 of 2011 3 sufficient that the petitioner is directed to make a proper request for a transfer to the place of his choice including Kannankulangara Devaswom at the time of the general transfer for the year 2012. If such a request is made, the first respondent shall consider the said request in accordance with law and shall pass appropriate orders thereon, expeditiously. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.A.TO JUDGE