High Court Kerala High Court

Union Of India vs Evelin Daniel on 6 November, 2008

Kerala High Court
Union Of India vs Evelin Daniel on 6 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8985 of 2008(S)


1. UNION OF INDIA, REPRESENTED BY THE
                      ...  Petitioner
2. THE JOINT SECRETARY (CPV)
3. THE ADMINISTRATIVE OFFICER ( PV.IV)
4. THE REGIONAL PASSPORT OFFICER

                        Vs


1. EVELIN DANIEL
                       ...       Respondent

                For Petitioner  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

                For Respondent  :SRI.T.C.GOVINDA SWAMY

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :06/11/2008

 O R D E R
          K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
          -----------------------------------------------------
                 W.P.(C)No.8985 OF 2008 P
        -----------------------------------------------------
           DATED THIS THE 6th DAY OF NOVEMBER, 2008

                            J U D G M E N T

Balakrishnan Nair, J.

The petitioners who are the respondents in O.A.No.582/07 have

filed this Writ Petition challenging the order of the CAT, dated

9.11.2007, disposing that O.A., giving certain directions to the Central

Government.

2. The learned counsel for the respondent pointed out that,

pursuant to the direction of the CAT and in the background of refusal

of this Court to grant stay, the impugned order has already been

implemented and the respondent/applicant has been transferred to

Malappuram. In view of the above position, we think that the Writ

Petition can be closed. But, it is clarified that the power of the writ

petitioners to effect transfer of the respondent, if found necessary, in

exigencies of service will not be affected by the judgment of the CAT,

which is produced as Exhibit P8 or its implementation.

K.BALAKRISHNAN NAIR, JUDGE.

M.C.HARI RANI, JUDGE.

dsn