IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29962 of 2009(M)
1. K.R.SANJAYAN,
... Petitioner
Vs
1. THE TRAVANCORE DEVASWOM BOARD
... Respondent
2. DEVASWOM COMMISSIONER,
3. ASST.DEVASWOM COMMISSIONER, KOLLAM.
4. THE SUB-GROUP OFFICER,
For Petitioner :SRI.S.ABHILASH
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :23/10/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.29962 OF 2009 (M)
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Dated this the 23rd day of October, 2009
J U D G M E N T
Petitioner is a Santhi working in the Thiruvatta Devaswom. By
Ext.P2 order he has been transferred to Umayanalloor Devaswom.
His grievance is that on an earlier occasion, when he was threatened
with a transfer he had approached this court and filed WP(c).
Nos.16443/07 and 3339/09 which were disposed of by Ext.P1
judgment directing that the representation filed by the petitioner
shall be considered and orders passed. He submits that though in
Ext.P2 it is stated that the Board has passed an order, it was without
communicating the said order, that consequential order has been
passed and he is now been transferred.
The standing counsel for the Board has obtained instruction in
the matter. According to the Standing Counsel, Board has passed an
order as directed in Ext.P1 judgment as early as on 24.9.2009 and
that the same has been communicated to the Assistant Devaswom
Commissioner thorough the Devaswom Commissioner. It is stated
that it was thereupon that Ext.P2 has been issued implementing the
order dated 24.9.2009.
WPC.No.29962 /09
:2 :
Thus it is evident that the order passed pursuant to Ext.P1
judgment has not been communicated to the petitioner. If that be
so, in my view Ext.P2 is premature. Therefore I dispose of this writ
petition with the following directions.
Order dated 24.9.2009 mentioned in Ext.P2 shall be served on
the petitioner forthwith and in order to enable the petitioner to work
out the remedies if any against the said order it is directed that
Ext.P2 order of transfer shall be kept in abeyance for ten days from
today.
Petitioner may produce a copy of the judgment before the
respondent for compliance.
(ANTONY DOMINIC)
vi JUDGE