IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19451 of 2011(F) ----------------------------------------- PETITIONER(S): ------------------------- R. VIJAYAKUMAR, SUB-REGISTRAR, OFFICE OF THE SUB-REGISTRAR, KOZHENCHERY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S): --------------------------- REGISTRATION INSPECTOR GENERAL(KERALA), THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19451/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE RESPONDENT ON 24/06/08. P2: COPY OF THE ORDER DTD. 5/09/08 OF THE RESPONDENT. P3: COPY OF THE JUDGMENT IN WPC.NO.27448/2008 DTD. 16/09/2008 OF THIS HON'BLE COURT. P4: COPY OF THE REPRESENTATION DTD. 29/11/2008 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. P5: COPY OF THE APPLICATION DTD. 29/12/2010. P6: COPY OF THE ORDER DTD. 6/07/2011 TRANSFERRING 144 SUB REGISTRARS TO DIFFERENT OFFICES ACROSS THE STATE. P7: COPY OF THE REPRESENTATION DTD. 8/07/2011 SUBMITTED BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T.RAVIKUMAR, J. ------------------------------------- W.P.(C)No.19451 Of 2011 -------------------------------------------------- Dated this the 20th day of July, 2011 J U D G M E N T The petitioner who is working as Sub Registrar under the respondent filed this writ petition on being aggrieved by the overlooking of his seniority and claim in the matter of transfer. Essentially, the grievance of the petitioner is against Ext.P6 order issued by the respondent. It is contended that as per Ext.P5 application, he had requested for transfer to Thiruvalla, Adoor or Panthalam. The grievance of the petitioner is that ignoring the said claim, persons junior to him were accommodated against the said stations. In the said circumstances, on being aggrieved by the action on the part of the respondent ignoring his claim and seniority in the matter of transfer he has preferred Ext.P7 representation. In Ext.P6 itself it has been made clear that complaints, if any, against the order of transfer would be looked into by the respondent. In fact, Ext.P7 representation was submitted taking into account the said statement made in Ext.P6. In the said circumstances, the respondent is bound to consider Ext.P7 representation. Therefore, without making any observation as to the merits of W.P.(C)No.19451/11 -2- the contention raised in this writ petition, it is disposed of with a direction to the respondent to consider Ext.P7 taking into account the claim of the petitioner made as per Ext.P5. Before taking a final decision on Ext.P7 the respondent shall also afford an opportunity to the persons whose names have been specifically mentioned in Ext.P7, to file objection, if any, against Ext.P7. For that purpose, within three days from the date of receipt of copy of this judgment, such persons shall be given intimation regarding the consideration of the request of the petitioner and shall be given a weeks' time to submit objection, if any. Thereafter, the respondent shall consider the claim of the petitioner in Ext.P7 in the light of Ext.P5 and shall pass orders thereon, expeditiously, at any rate, within a period of one month from the date of receipt of copy of this judgment. Sd/- C.T.RAVIKUMAR, JUDGE. Jma //true copy// P.A to Judge