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Kerala High Court

Unknown vs By Advs.Sri.C.S.Manilal on 2 February, 2012

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT:

                THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

         MONDAY, THE 27TH DAY OF NOVEMBER 2017 / 6TH AGRAHAYANA, 1939

                           WP(C).No. 15860 of 2012


PETITIONER(S)


    M.SURESH,
    S/O.MADHAVAN NAIR, SURESH BHAVAN, ACHANKOVIL, KOLLAM
    NOW WORKING AS DEVASWOM WATCHER AT ACHANKOVIL
    DEVASWOM.

    BY ADVS.SRI.C.S.MANILAL
            SRI.SABU S.KALLARAMOOLA
            SRI.S.NIDHEESH


RESPONDENT(S):


1. THE TRAVANCORE DEVASWOM BOARD
    REPRESENTED BY THE SECRETARY, NANTHANCODE, TRIVANDRUM.

2. THE COMMISSIONER,
    TRAVANCORE DEVASWOM BOARD, NANTHANCODE, TRIVANDRUM.


         R1&R2 BY ADVS.SRI.G.BIJU,SC
                      SRI.A.N.RAJAN BABU, SC
                      SRI.T.K.AJITH KUMAR, SC



    THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-11-2017,
    THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



PBS

WP(C).No. 15860 of 2012

                                   APPENDIX


PETITIONER(S) EXHIBITS


EXHIBIT P1: TRUE COPY OF THE DUTY REGISTER.

EXHIBIT P2: TRUE COPY OF THE TRANSFER ORDER OF R1 DATED 2-2-2012.

EXHIBIT P3: TRUE COPY OF THE APPEAL FILED BY THE PETITIONER
            BEFORE R1 DT.7-2-2012.

EXHIBIT P4: TRUE COPY OF THE JUDGMENT IN WPC 3517/2012 DATED 10-2-2012.

EXHIBIT P5: TRUE COPY OF THE ORDER DATED 27-6-2012.



RESPONDENTS' EXHIBITS                             NIL


                                                  /TRUE COPY/


                                                  PA TO JUDGE


PBS



                   A.MUHAMED MUSTAQUE, J.
                =========================
                   W.P.(C).No.15860/2012
                ~~~~~~~~~~~~~~~~~~~~~~~~~
   Dated this the 27th day of November, 2017


                        J U D G M E N T

This writ petition was filed in the year 2012 challenging an order of transfer. This Court on 6.7.2012 passed an interim order of stay. More than five years have elapsed. Taking note of the above fact, this Court is of the view that the interim order has to be made absolute as it may be too iniquitous to modify the interim order at this distance of time. Therefore, without going into the merits of the order impugned, the writ petition is disposed of making the interim order absolute. However, it is made clear that the continuation of the petitioner in the present station would depend upon the transfer norms and the petitioner can be transferred in accordance with law, if any situation arises.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE ms