On the respondent's agreement to review the disputed transfer order and allow the petitioner to complete tenure at the original post, the High Court held the writ petition infructuous and dismissed it, vacating the interim stay order.
The writ petition was dismissed as infructuous; the interim order staying proceedings vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.K.DENESAN
WEDNESDAY, THE 14TH MARCH 2007 / 23RD PHALGUNA 1928
WP(C).No. 4788 of 2007(T)
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PETITIONER:
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A. SUDHIR, UPPER DIVISION CLERK, CHAVARA GRAMA PANCHAYAT, KOLLAM.
BY ADV. SRI.M.SASINDRAN
SRI.TOJAN J. VATHIKULAM
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM.
3. THE CHAVARA GRAMA PANCHAYAT, KOLLAM, REPRESENTED BY ITS SECRETARY.
4. SASI KUMAR,
U.D.C., VAZHAYOOR GRAMA PANCHAYAT, MALAPPURAM DISTRICT.
Addl.5. SHALBI BEN YASMIN, AGED 34 YEARS, GOVERNMENT EMPLOYEE, D/O.KHADER THAIVALAPPIL, ALA DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLOOR TALUK.
(Impleaded as per order in IA.No.3485/2007 dated 14-3-2007)
R1 & 2 BY GOVT. PLEADER SHRI.P.NANDAKUMAR. R5 BY SRI.BABU KARUKAPADATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4788 of 2007.
Petitioner's Exhibits:-
Respondents' Exhibits:-
5 th respondent's Exhibits:-
Ext.R5(a): Copy of the relevant portion of the order dated 25-1-2007 of the Director of Panchayat, Thiruvananthapuram.
-// true copy //-
P.A. To Judge.
kvs/-
K.K.DENESAN, J.
======================== WP(C).No.4788 of 2007-T. ======================== Dated this the 14th day of March, 2007.
J U D G M E N T
The petitioner while working as Upper Division Clerk in Chavara Grama Panchayat in Kollam district was transferred to Vazhayoor Grama Panchayat where the 4th respondent has been working. This Court passed an interim order staying all further proceedings pursuant to Ext.P4 order of transfer. Government Pleader submits that the 2nd respondent Director of Panchayats is prepared to review Ext.P2 as far as the petitioner is concerned, so that, he will be allowed to work as
Upper Division Clerk in Chavara Grama Panchayat so as to allow him to complete the tenure of three years in that Panchayat as per the guidelines. This is recorded.
2. If follows that appropriate orders shall be
passed by the 2nd respondent in terms of the above statement made by the Government Pleader on behalf of
WP(C).No.4788 of 2007. 2 that respondent. The writ petition has become infructuous and it is dismissed accordingly. The interim order passed on 12-2-2007 shall stand vacated.
K.K.DENESAN, JUDGE.
kvs/-
2 issues framed by the court
Whether the writ petition becomes infructuous upon the respondent's ready agreement to review the order and allow the petitioner to work in the original panchayat.
Whether the interim order staying proceedings on an earlier transfer shall stand vacated.
A. SUDHIR
STATE OF KERALA
DIRECTOR OF PANCHAYATS
CHAVARA GRAMA PANCHAYAT
SASI KUMAR
SHALBI BEN YASMIN
K.K.DENESAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
