IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WA.No. 1000 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.31800/2008 Dated 06/03/2009 .................... APPELLANT: PETITIONER ------------------------ RAJAN E.P., AGED 48, S/O.PAPPAN, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE, WAYANAD. BY ADV. SRI.ABRAHAM P.GEORGE RESPONDENT(S/RESPONDENTS): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HOME(K) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. DISTRICT SUPERINTENDENT OF POLICE, WAYANAD DISTRICT, KALPETTA P.O. 4. N.ANILKUMAR, RESERVE INSPECTOR, DISTRICT ARMED RESERVE, ALAPPUZHA. BY SR. GOVT. PLEADER SRI.BENNY GERVASIS – R1 TO R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A. NO. 1000 OF 2009-E ----------------------------------------- Dated 22nd May, 2009. JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. He is an Assistant Commandant, who was working in the District Armed Reserve, Wayanad. By Ext.P7 order, he has been transferred and posted as Assistant Commandant, District Armed Reserve, Kozhikode City. The appellant challenged the said transfer order, by filing the Writ Petition. He pointed out the illness of his mother and wife and also pleaded that his son is studying in Standard X. Therefore, it was prayed that Ext.P7 order may be set aside. The learned Single Judge found that the grounds taken were not legally sustainable for interfering with the transfer order, but directed the official respondents to retain the appellant in Wayanad up to 31.3.2009. Challenging the judgment of the learned Single Judge, this Writ Appeal is filed. 2. An order of transfer can be challenged, mainly, on two grounds; they are: (1) The transfer order is vitiated by mala fides. (2) It has been WA 1000/2009 2 issued contrary to some statutory provision. We find that no such ground has been made out in this case, warranting interference with the transfer order. So, the learned Single Judge rightly dismissed the Writ Petition. Therefore, the Writ Appeal fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. nm/