IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27715 of 2011(L) ------------------------------------ PETITIONER(S): ----------------------- A.DAMODARA,S/O.GOPALAN.K.B,(LATE), AGED 54 YEARS,ANAKHA SADAN,BALLUR,P.O.MOGRAL PUTHUR,KASARAGOD,PIN-671178. (SPECIAL DEPUTY TAHSILDAR,TALUK OFFICE, KASARAGOD). BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): ------------------------ 1. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDINGS,THIRUVANANTHAPURAM-33. 2. THE DISTRICT COLLECTOR,KASARAGOD, PIN-671121. 3. THE TAHSILDAR,KASARAGOD,PIN-671121. BY SR.GOVT.PLEADER SRI.LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.27715/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1: COPY OF NOTICE NO.A1 9040/11 DT.13-9-2010. EXT.P2: COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 25-11-2010 BEFORE THE STATION HOUSE OFFICER, MANJESWARA. EXT.P3: COPY OF ORDER NO.NO.LR E5-29721/2011 DATED 29-8-2011 ISSUED BY THE COMMISSIONER OF LAND REVENUE. EXT.P4: COPY OF JUDGMENT W.P.(C)16887/11 DATED 23-6-2011 EXT.P5: COPY OF ABOVE REPRESENTATION DATED 5-9-2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 27715 OF 2011 ----------------------------------------------------------- Dated this the 19th October, 2011. JUDGMENT The petitioner is presently working as Special Deputy Tahsildar in the Taluk Office, Kasaragod. He is due to retire on 31-3-2012. The complaint of the petitioner is that as per Ext.P3 the petitioner has been transferred to the Taluk Land Board Office, Hosdrug. The petitioner relies on Ext.P1 to submit that he has already submitted his pension papers before the third respondent as preparatory to his retirement. As per the transfer norms an employee who has less than two years to retire is not permitted to be transferred other than to a place of his choice. According to the petitioner, he is an honest officer who has been victimized, for having detected a large number of cases involving illegal mining and transportation of river sand. At the instance of some influential persons he had also been physically attacked and a crime, No: 854/2010 registered by the Station House Officer, Manjeswara is pending in relation to the said incident. Therefore, the petitioner seeks the issue of appropriate directions cancelling the impugned order of transfer. WPC 27715/2011 2 2. I have heard the learned Govt. Pleader also. 3. Ext.P3 shows that the same is an order transferring a number of persons who are posted in the various districts all over Kerala. It is also worth noticing that the petitioner has been transferred only from Kasaragode to Hosdrug which is a nearby place. Therefore, the petitioner cannot be said to have suffered any serious inconvenience or hardship due to the above posting. He has not been moved out of the district. The petitioner has submitted Ext.P5 request to the District Collector setting out his grievances. The same is pending consideration of the second respondent herein. Though the petitioner raises a contention that he is a person who is not conversant with the Malayalam language incapable of dealing with documents that are entirely in Malayalam, the said difficulty can be overcome by work adjustments that could be finalised by the second respondent. Therefore, it is sufficient that Ext.P5 is directed to be considered by the second respondent, without delay. 4. This writ petition is accordingly disposed of directing the second respondent to consider the grievances of the petitioner set out in Ext.P5 representation in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any WPC 27715/2011 3 rate within a period of one month from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge