IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31328 of 2011(M) -------------------------- PETITIONER: ------------------ C.S.RAMACHANDRAN EMBRANTHIRI, CHELAKKAL MADOM,CHOTTANIKKARA. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENTS: ----------------------- 1. COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE COCHIN DEVASWOM BOARD, TRICHUR-680001. 2. DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, TRICHUR-680001. 3. DAMODARAN NAMBOODIRI,MELSANTHI, AZHAKIYAKKAVU BHAGAVATHI TEMPLE,PALLURUTHY, ERNAKULAM DISTRICT-682005. 4. VISHNU NAMBOODIRI,MELSANTHI, ERNAKULAM SIVA TEMPLE,ERNAKULAM DISTRICT, PIN-682011. 5. VISHNU EMBRANTHIRI, VALANJAMBALAM DEVI TEMPLE, ERNAKULAM DISTRICT-682016. R1 TO R2 BY ADV. SRI.N.RAGHURAJ,SC,COCHIN DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JV WPC NO: 31328/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DT.12.08.1988 P2: COPY OF THE PROMOTION ORDER ISSUED BY THE FIRST RESPONDENT DT.17.10.1988 P3: COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST DT.01.09.2003 P4: COPY OF THE COMPLAINT FILED BY THE PETITIONER WITH THE ENDORSEMENT MADE BY THE ASSISTANT COMMISSIONER OF THE COCHIN DEVASWOM BOARD. P5: COPY OF THE PROCEEDINGS DATED 27.12.2007 P6: COPY OF THE SUBMISSION OF THE PETITIONER DATED 31.10.2011 P7: COPY OF THE TRANSFER ORDER DATED 15.11.2011 P8: COPY OF THE COMPLAINT DATED 18.11.2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE JV K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:31328 OF 2011 ----------------------------------------------------------- Dated this the 30th November, 2011. JUDGMENT The petitioner is working as a Melsanthi in the Cochin Devaswom Board. He had submitted Ext.P6 representation seeking a transfer to one of the temples indicated by him. He complains that without considering his request Ext.P6, Ext.P7 transfer order has been passed posting respondents 4 and 5 to the two temples indicated by him. According to the counsel for the petitioner, respondents 4 and 5 are persons who have been remaining posted at one of the two temples mentioned by him, some how or the other, continuously for the past many years. He has therefore submitted his objections to Ext.P7, requesting that he may be posted to one of the temples of his choice. The said representation is Ext.P8. 2. According to the petitioner, Ext.P7 transfer order which has been passed without considering his request Ext.P6 is bad in law and liable to be set aside. Adv. N.Reghuraj who represents the Cochin Devaswom Board points out that the petitioner had been posted to the Chottanikkara temple which is one of the most WPC 31328/2011 2 important temples under the Cochin Devaswom Board. The petitioner has not been subjected to hostile treatment in any manner. Since Ext.P8 has already been submitted to the first respondent he assures that the said representation would be considered and appropriate orders passed, without delay. 3. The counsel for the petitioner on the other hand points out that since the transfer of respondents 4 and 5 are to take the effect only from 1-12-2011 according to the directions contained in Ext.P7, their transfers may be made subject to the decision that may be taken on Ext.P8. 4. In view of the fact that Ext.P8 is pending consideration of the first respondent, it is sufficient that the said representation is directed to be considered, as early as possible. The transfers of respondents 4 and 5 shall also be subject to the decision that the first respondent may take on Ext.P8. 5. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioner set out in Ext.P8 representation in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a WPC 31328/2011 3 copy of this judgment after affording an opportunity of being heard to the petitioner as well as other affected parties. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge