IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 6009 of 2010(A) ------------------------- PETITIONER(S): --------------- P.K.GOPALAKRISHNAN, AGED 55 YEARS, S/O.KRISHNAN NAIR, RESIDING AT 'SREEHARI', VALLASSERI PARAMBU, KARAKKAD ROAD, GURUVAYOOR- 620101, (WORKING AS SUPERINTENDENT, GURUVAYOOR SATHYAGRAHA SMARAKA MANDIRAM,GURUVAYOOR DEVASWOM). BY ADVS. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. GURUVAYOOR DEVASWAM, REPRESENTED BY ADMINISTRATOR, GURUVAYOOR DEVASWAM. 2. GURUVAYOOR DEVASWAM MANAGING COMMITTEE, REPRESENTED BY THE CHAIRMAN, GURUVAYOOR DEVASWAM. BY ADV. SRI. V. KRISHNA MENON- SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 6009 OF 2010 -------------------------------------------- Dated this the 11th day of March, 2010 JUDGMENT The petitioner is presently working as Superintendent of Guruvayoor Sathyagraha Smaraka Mandiram under the first respondent. This Writ Petition is filed mainly with a prayer for issuance of a writ of mandamus commanding the respondents to transfer and appoint him in the vacancy of Superintendent in the temple until he retires from service. 2. The petitioner is due to retire from service on 31.3.2010. He has also submitted Ext.P1 representation dated 8.2.2010 before the first respondent seeking the very same relief. The learned Standing Counsel for the respondents made available a copy of the order No. B-7022/09 dated 24.2.2010 which would show that the request made by the petitioner as per Ext.P1 was rejected by the first respondent. It is stated in the order that it is only six months since the petitioner had been transferred from the temple and posted as Superintendent, Guruvayoor Sathyagraha Smaraka Mandiram and in such circumstances, the request of the petitioner cannot be acceded to. W.P.(C) NO. 6009/2010 2 3. I have gone through the order dated 24.2.2010 and I am of the view that the request of the petitioner cannot be granted by this Court in view of the said order. A decision on Ext.P1 has already been taken by the competent authority. In the circumstances, in the absence of challenge against the said order dated 24.2.2010, this Writ Petition is liable to be dismissed. The Writ Petition is accordingly dismissed, however, with liberty to the petitioner to challenge the said order dated 24.2.2010, if so advised. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 6009/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 6009/2010 JUDGMENT 11th March, 2010