IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24929 of 2011(M) --------------------------------------- PETITIONER: ------------------- MOHANDAS.K, S/O.KESAVAN NAMBOOTHIRI, KESAVEEYAM, KALAYAPURAM, KOTTARAKKARA. BY ADVS. SRI.C.S.MANILAL, SRI.S.NIDHEESH, SRI.SABU S.KALLARAMOOLA. RESPONDENTS: ------------------------ 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY THE SECRETARY, NANTHENCODE, TRIVANDRUM, PIN-695 003. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, TRIVANDRUM, PIN -695 003. 3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOTTARAKKARA, GROUP, KOTTARAKKARA-691 506. R1 TO R3 BY SRI. G. BIJU, S.C, T.D.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). 24929/2011-M: APPENDIX PETITIONER(S) EXHIBITS: EXT.P1. TRUE COPY OF THE CIRCULAR DATED 10.2.2009 ISSUED FROM THE OFFICE OF DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. EXT.P2. TRUE COPY OF THE CIRCULAR DATED 24.1.2011 ISSUED FROM THE OFFICE OF DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. EXT.P3- TRUE COPY OF THE REQUEST DATED 21.2.2011 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4- TRUE COPY OF THE RELIEVING ORDER DATED 3/9/2011 OF SUB GROUP OFFICER, MANNADY DEVASWOM. EXT.P5- TRUE COPY OF THE APPEAL PETITION TO THE 2ND RESPONDENT APPELLATE AUTHORITY. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 24929 OF 2011 ----------------------------------------------------------- Dated this the 20th September, 2011. JUDGMENT The petitioner who is working as a Santhi under the first respondent has filed this writ petition challenging Ext.P4 order by which he has been transferred from Thrikkapaleswaram to Sree Ayyankavu Devaswom. According to the petitioner, he has only 22 months left for retirement. He relies on clauses 14 and 15 of Ext.P1 and contends that he is not liable to be transferred in view of the said provisions. He has filed Ext.P5 appeal which is pending before the second respondent. 2. The standing counsel for the first respondent submits that the petitioner has already been relieved as per Ext.P4 proceedings dated 6-9-2011. His substitute has also joined duty on 7-9-2011. Therefore, it is submitted that the petitioner's appeal could be considered and appropriate orders passed without further delay. 3. In the light of the above submissions, this writ petition is disposed of directing the second respondent to consider the appeal filed by the petitioner evidenced herein by Ext.P5 in accordance with law, as expeditiously as possible and at any rate within a WPC 24929/2011 2 period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner as well as the affected parties. K. SURENDRA MOHAN Judge jj WPC 24929/2011 3