Kerala High Court
Binesh K vs State Of Kerala on 2 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:93265
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 2ND DAY OF DECEMBER 2025 / 11TH AGRAHAYANA, 1947
WP(C) NO. 44837 OF 2024
PETITIONER:
BINESH K
AGED 42 YEARS
S/O K. KUNHIKANNAN,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRONICS AND COMMUNICATION
ENGINEERING, COLLEGE OF ENGINEERING,
TRIKARIPUR, CHEEMENI, KASARGOD,
RESIDING AT KANNOTH HOUSE, EACHUR POST,
KANNUR, PIN - 671313
BY ADVS.
SRI.K.H.ASIF
SRI.C.A.MAJEED
SMT.MOLTY MAJEED
SRI.P.B.UNNIKRISHNAN NAIR
SMT.SHERIN BIJU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
COOPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR
CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION
(CAPE), COLLEGE OF ENGINEERING,
MUTTATHARA CAMPUS, ST. SEBASTIAN CHURCH ROAD,
VALLAKADAVU P.O., THIRUVANANTHAPURAM,
PIN - 695008
2025:KER:93265
WP(C) No.44837 of 2024
2
3 THE PRINCIPAL
COLLEGE OF ENGINEERING, KUNDOORMALA,
ERANHOLI, THALASSERY, KANNUR, PIN - 670107
4 HEAD OF THE DEPARTMENT,
ELECTRONICS AND COMMUNICATION ENGINEERING
HEAD OF THE DEPARTMENT,
ELECTRONICS AND COMMUNICATION ENGINEERING,
COLLEGE OF ENGINEERING, KUNDOORMALA,
ERANHOLI, THALASSERY, KANNUR, PIN - 670107
BY ADVS.
SRI.M.SASINDRAN
SMT.K.B. SONY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:93265
WP(C) No.44837 of 2024
3
JUDGMENT
Dated this the 2nd day of December, 2025 The petitioner, who has been working as Assistant Professor in Electronics and Communication Engineering under the Co-operative Academy of Professional Education, was transferred from Thalassery to Thrikaripur as per Ext.P1 order dated 08.10.2024.
2. The petitioner would contend that though the transfer is described as in administrative exigencies, it was at the instance of an HOD of the institution with whom the petitioner has disagreed on certain issues. There was no situation warranting transfer of the petitioner to Thrikaripur. Ext.P1 is vitiated by extraneous considerations. Ext.P1 is an instance of colourable exercise of power, contends the petitioner.
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3. The 2nd respondent has filed a counter affidavit. The 2nd respondent stated that there were some issues between the petitioner and the HOD and that it was for the smooth functioning of the academic activities that the petitioner was transferred to Thrikaripur. When there is insubordination from the part of an employee, it will be just and proper to transfer such employee to another station on the ground of administrative inconvenience.
4. Be that as it may, it is to be noted that the insubordination, if any, by the petitioner was not so serious warranting any disciplinary proceeding. No disciplinary proceedings were taken against the petitioner. The petitioner, who is a resident of Kannur, is condemned to work in a far away place pursuant to the transfer.
5. In the circumstances, I am of the view that if the petitioner makes a request for a re-transfer to a convenient station, the respondents shall consider the same 2025:KER:93265 WP(C) No.44837 of 2024 5 in accordance with law.
The writ petition is therefore disposed of directing that if the petitioner makes a representation seeking a reposting to a convenient station before the 2 nd respondent within a period of two weeks, the 2nd respondent shall consider the same and pass appropriate orders thereon within a period of one month from the date of receipt of the representation.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:93265 WP(C) No.44837 of 2024 6 APPENDIX OF WP(C) NO. 44837 OF 2024 PETITIONER EXHIBITS Exhibit.P-1 A TRUE COPY OF LETTER NO.
CAPEHO/502/2024-A(EL) DATED 08/10/2024 ISSUED BY THE 2ND RESPONDENT Exhibit.P-2 A TRUE COPY OF THE LETTER NO.
CAPEHO/502/2024-A (E1) DATED
09/09/2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit.P-3 A TRUE COPY OF THE NOTE OF THE 3RD
RESPONDENT
Exhibit.P-4 A TRUE COPY OF THE REPRESENTATION
DATED 09/10/2024 SEND TO THE 2ND
RESPONDENT VIA E-MAIL
Exhibit.P-5 A TRUE COPY OF THE ORDER DATED
23/10/2024 CAPEHO 608/2024/LA ISSUED BY THE 2ND RESPONDENT