The Chairperson vs The State Of Kerala
2021 Latest Caselaw 3343 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

           FRIDAY, THE 29TH DAY OF JANUARY 2021/9TH MAGHA, 1942

                        W.P(C).No.2305 OF 2021(K)


PETITIONER:

               THE CHAIRPERSON
               TIRUR MUNICIPALITY, NASEEMA A.P, WIFE OF ABDUL SALAM,
               ALATHIL PARAMBIL, TIRUR-676 101, TIRUR, MALAPPURAM
               DISTRICT.

               BY ADVS.SRI.P.K.VIJAYAMOHANAN
                       SMT. AISWARYA V.S.

RESPONDENTS:

       1       THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               LOCAL SELF GOVERNMENT (E.U.) DEPARTMENT,
               THIRUVANANTHAPURAM-695 001

       2       THE DIRECTOR OF URBAN AFFAIRS,
               DIRECTORATE OF URBAN AFFAIRS, 1ST FLOOR,
               SWARAJ BHAVAN, NANTHANCODE P.O,
               THIRUVANANTHAPURAM-695 003

       3       SHRI. BIJU S,
               MUNICIPAL SECRETARY, TIRUR MUNICIPALITY,
               TIRUR-676 101, TIRUR, MALAPPURAM DISTRICT.

               BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER
                  SRI.P.VENUGOPAL, SC

          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
     ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 W.P.(C).No.2305/2021                 :: 2 ::




                              JUDGMENT

The petitioner Municipality has approached this Court

challenging the transfer order passed in respect of the Secretary

of the Municipality, the 3rd respondent herein. Although various

contentions are raised in the writ petition challenging the

transfer order and pointing out that the services of the 3 rd

respondent are essential for the smooth functioning of the

petitioner Municipality, I am of the view that the petitioner

Municipality does not have the necessary locus standi to

challenge the transfer order passed in relation to the 3 rd

respondent. I therefore dismiss this writ petition, without

prejudice to the right of the 3rd respondent, if any, to impugn his

transfer order in appropriate proceedings, if he so chooses.

Sd/-

                                A.K.JAYASANKARAN NAMBIAR
                                            JUDGE

prp/29/1/2021
      W.P.(C).No.2305/2021            :: 3 ::




                                  APPENDIX



PETITIONER'S EXHIBITS:



EXHIBIT P1                  TRUE   COPY    OF   THE    G.O   (RT)   NO.

946/2020/LSGD. DATED 22.05.2020.

EXHIBIT P2 TRUE COPY OF THE G.O (RT) NO.1846/2021/LSGD DATED 22.01.2021.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 25.01.2021 OF THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE