IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 37321 of 2008(R) --------------------------------------- PETITIONER: ------------------- R. VIJAYAKUMAR, SUB-REGISTRAR, OFFICE OF THE SUB-REGISTRAR, ENADIMANGALAM. BY ADV. SRI.P.B.SAHASRANAMAN, SRI.K.JAGADEESH, SRI.T.S.HARIKUMAR. RESPONDENTS: ----------------------- 1. REGISTRATION INSPECTOR GENERAL (KERALA), THIRUVANANTHAPURAM. 2. TULASIDAS, SUB-REGISTRAR, OFFICE OF THE SUB-REGISTRAR, KONNI. BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.37321 of 2008 ------------------------------- Dated this the 18th December, 2008. J U D G M E N T Heard Sri.P.B.Sahasranaman, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner belongs to Pathanamthitta District. While he was working as Sub Registrar in Malappuram District, he had filed W.P.(C) No.27448 of 2008 in this Court claiming transfer to Pathanamthitta District. In the said writ petition, he stated that a vacancy of Sub Registrar will arise on 30.11.2008 at Konni in Pathanamthitta District, on the retirement of Sri.Joseph Varghese. By Ext.P1 judgment delivered on 16.9.2008, this Court disposed of the said writ petition with a direction to the Inspector General of Registration to consider the claim of the petitioner for transfer to Pathanamthitta District in the vacancy arising on 30.11.2008. It was also directed that W.P.(C) No.37321/2008 2 while considering the claim of the petitioner, the requests made by others shall also be considered. The Inspector General of Registration has, pursuant to the directions issued by this Court passed Ext.P2 order dated 10.12.2008 transferring the petitioner from Malappuram to Moorkanad in Pathanamthitta District. The second respondent was posted as Sub Registrar in the vacancy that arose on the retirement of Sri.Joseph Varghese at Konni. In this writ petition, the petitioner challenges Ext.P2 order of transfer and prays for a writ in the nature of mandamus commanding the respondents to post him at Konni in the place of second respondent. 3. The Apex Court has, in State of U.P. v. Gobardhanlal (2004 (11) SCC 402) held that an order of transfer should not be interfered with unless it is issued by an incompetent authority or is in violation of any statutory rule or is proved to be one vitiated by malafides. In the instant case, the petitioner has no such case. His case is that he ought to have W.P.(C) No.37321/2008 3 been preferred over the second respondent for posting at Konni. The Apex Court has also held that this Court exercising jurisdiction under Article 226 of the Constitution of India cannot sit in appeal over the decision taken by the transferring authority and substitute its decision in the place of the decision taken by the transferring authority. It was held that this Court cannot assess the administrative exigencies and niceties of the situation and come to its own conclusion in the matter of transfer. 4. In the instant case, the Inspector General of Registration has taking note of the petitioner's request, given him a posting in his home district. What the petitioner now claims is that he should have been posted at Konni, where the second respondent is posted. In my opinion, the claim made by the petitioner is untenable. His original grievance was that he should be transferred to his home district. Now that he is transferred to his home district, he wants to be posted in a station of his choice. The petitioner cannot impose his wishes W.P.(C) No.37321/2008 4 on the transferring authority. The claim now made by the petitioner, according to me, is bereft of bona fides. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.