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Kerala High Court

Anu R.V vs Tranvancore Devaswom Board on 23 August, 2017

Author: Anu Sivaraman

Bench: Anu Sivaraman

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

                     THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

               TUESDAY, THE 8TH DAY OF MAY 2018 / 18TH VAISAKHA, 1940

                            WP(C).No. 14298 of 2018




PETITIONER :


          ANU R.V.,
          DEVASWOM WATCHER, GRADE I,
          CHITTUMALA DEVASWOM,
          TRAVANCORE DEVASWOM BOARD,
          KOLLAM GROUP (UNDER ORDERS OF TRANSFER),
          (AISHWARYA HOUSE, UMAYANELLUR P.O.,
          KOLLAM).


        BY ADV.SRI.V.SRI NATH


RESPONDENTS :


1.        TRANVANCORE DEVASWOM BOARD,
          REPRESENTED BY ITS SECRETARY,
          NANTHANCODE,
          THIRUVANANTHAPURAM-695034.


2.        DEVASWOM COMMISSIONER,
          TRANVANCORE DEVASWOM BOARD,
          NANTHANCODE,
          THIRUVANANTHAPURAM-695034.


3.        ASSISTANT DEVASWOM COMMISSIONER,
          TRANVANCORE DEVASWOM BOARD KOLLAM GROUP,
          KOLLAM-691003.


       BY SRI.C.K.PAVITHRAN, SC, TDB


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
     08-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


EL
WP(C).No. 14298 of 2018 (J)

                                      APPENDIX


PETITIONER(S)' EXHIBITS


EXHIBIT P1-       A TRUE COPY OF THE ORDER DATED 23/08/2017 ISSUED
                  BY THE 3RD RESPONDENT.

EXHIBIT P2-       A TRUE COPY OF THE SHOW CAUSE NOTICE DATED
                  16/09/2017 ISSUED TO THE PETITIONER.

EXHIBIT P3-       A TRUE COPY OF THE LETTER DATED 16/09/2017 ISSUED
                  TO THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P4-       A TRUE COPY OF THE EXPLANATION DATED 11/10/2017
                  SUBMITTED BY THE PETITIONER THROUGH THE SUB
                  GROUP OFFICER CONCERNED AND THE ASSISTANT
                  DEVASWOM COMMISSIONER.

EXHIBIT P5-       A TRUE COPY OF THE REPORT DATED 11/10/2017
                  FORWARDED BY THE SUB GROUP OFFICER, KILIKOLLUR
                  SUB GROUP TO THE 3RD RESPONDENT.

EXHIBIT P6-       A TRUE COPY OF THE OPINION DATED 15/02/2018
                  FORWARDED BY THE 3RD RESPONDENT TO THE 2ND
                  RESPONDENT.

EXHIBIT P7-       A TRUE COPY OF THE ORDER DATED 07/04/2018 ISSUED
                  BY THE 2ND RESPONDENT.


RESPONDENT(S)' EXHIBITS


           NIL

                                                       TRUE COPY



                                                      P.S. TO JUDGE

EL

8.5.2018

                        ANU SIVARAMAN, J.
                  = = = = = = = = = = = = = = =
                     W.P.(C).No.14298 of 2018
                   = = = = = = = = = = = = = = =
                 Dated this the 8th day of May, 2018

                             JUDGMENT

1. Petitioner has approached this Court challenging Ext.P7 order of transfer dated 7.4.2018. The petitioner contends that he had already been transferred by Ext.P1 order of transfer dated 23.8.2017 and the existence of the said order has not been considered while passing Ext.P7 order. The petitioner also contends that he has not been relieved in pursuance of Exhibit P7 order.

2. Having heard learned counsel for the petitioner and the learned standing counsel appearing for the respondents, I am of the opinion that the grievance raised by the petitioner has to be agitated before the respondents in the first instance.

3. In the above view of the the matter, there will be a direction that in case the petitioner prefers a detailed representation pointing out the factual circumstances within one week from the date of receipt of a copy of this judgment, the same shall be considered in W.P.(C).No.14298/18 2 accordance with law by the 2nd respondent. In the meanwhile, if the petitioner has not been relieved in pursuance of Exhibit P7, he shall not be relieved till orders are passed as directed. Orders, as directed above, shall be passed within a period of one month from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly.

Sd/-

Anu Sivaraman, Judge sj