The Kerala High Court closed a writ petition challenging a transfer order, dismissing the matter after the second respondent decided to retain the petitioners at their original places following their grievance.
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 P.R.RAMACHANDRA MENON
WEDNESDAY, THE 28TH DAY OF NOVEMBER 2012/7TH AGRAHAYANA 1934
WP(C).No. 24784 of 2012 (W)
PETITIONER(S):
1. SANOJ Y., AGED 33 YEARS S/O.YESODHARAN, JUNIOR HEALTH INSPECTOR GRADE II KARUNAGAPPALLY MUNICIPALITY.
2. RAJEEV R., AGED 35 YEARS
BY ADV. SRI.MILLU DANDAPANI
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695001.
2. THE DIRECTOR OF URBAN AFFAIRS
3. KARUNAGAPPALLY MUNICIPALITY
4. PUNALUR MUNICIPALITY REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE, PUNALUR 691305.
R3 BY ADV. SRI.M.R.SASITH
R4 BY ADV. SRI.B.KRISHNA MANI BY SR. GOVERNMENT PLEADER SMT. M.J. RAJASREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24784 of 2012 (W)
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT-P1: PHOTOCOPY OF ORDER NO.E2-3334/11 DATED 12.5.2011 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONERS.
EXHIBIT-P2: PHOTOCOPY OF GOVERNMENT ORDER, G.O.(MS) 105/2007/LSGD DATED 4.4.2007.
EXHIBIT-P3: PHOTOCOPY OF ORDER NO.E2-1974/12 DATED 15.10.2012 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONERS.
RESPONDENTS' EXHIBITS :NIL
//TRUE COPY//
P.A. TO JUDGE.
dlk
P.R.RAMACHANDRA MENON, J.
W.P.(c) No.24784 OF 2012
Dated this the 28th day of November , 2012
JUDGMENT
The petitioner has approached this Court with the following
prayers :
“(i) issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P3 order dated 15.10.2012 in so far as the same transfers the petitioners,
(ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to permit the petitioners to continue as Junior Health Inspector Grade II in the 3rd and 4th respondent Municipalities respectively,
(iii) such other appropriate writ, order or direction, which this Honourable Court may deem fit and proper in the facts and circumstances of the case, and
(iv) award costs.”
W.P.(C)No.24784/2012
2
respondents were directed to maintain status quo, also directing to file a detailed statement.
consideration, the learned Government Pleader appearing for the respondents 1 and 2 submits that, the second respondent has taken a decision considering the grievance projected by the parties concerned
to retain the petitioners at the same place, as per orders dated 25.10.2012.
In the said circumstance, this Court finds that no further orders are called for. The writ petition is closed accordingly.
P.R.RAMACHANDRA MENON JUDGE
sv.
W.P.(C)No.24784/2012 2
SANOJ Y.
RAJEEV R.
STATE OF KERALA
DIRECTOR OF URBAN AFFAIRS
KARUNAGAPPALLY MUNICIPALITY
PUNALUR MUNICIPALITY
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
