Suryamol C vs The Secretary
2022 Latest Caselaw 8911 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                         WP(C) NO.22048 OF 2022
PETITIONER :-

           SURYAMOL C., AGED 41 YEARS
           W/O.SUBHASH KUMAR P.S., MADATHUKATRAVAELY,
           NORTH ARYAD P.O., ALAPPUZHA - 688 538
           (PRESENTLY WORKING AS A SENIOR CLERK
           DISTRICT KHADHI AND VILLAGE INDUSTRIES,
           BOARD OFFICE ALAPPUZHA
           UNDER ORDER OF TRANSFER TO KOTTAYAM)

             BY ADV ARAVINDA KUMAR BABU T.K.


RESPONDENTS :-

     1     THE SECRETARY
           KERALA KHADI VILLAGE INDUSTRIES BOARD,
           VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 035

     2     THE PROJECT OFFICER
           DISTRICT KHADHI AND VILLAGE INDUSTRIES
           BOARD OFFICE, ALAPPUZHA HEAD POST OFFICE
           ALAPPUZHA, PIN - 688 001

     3     THE PROJECT OFFICER
           DISTRICT KHADHI AND VILLAGE INDUSTRIES
           BOARD OFFICE, NAGAMPADAM
           KOTTAYAM, PIN - 686 001

           BY SRI.N.RAJAGOPALAN NAIR


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.22048 OF 2022

                                   -: 2 :-


                              JUDGMENT

Dated this the 7th day of July, 2022

This writ petition is filed seeking the following reliefs :-

"i. Issue a Writ of Certiorari or any other Writ or Order to quash Exhibit P1 so far as it transfer the petitioner from Alappuzha to Kottayam.

ii. Issue a Writ of Mandamus or any other Writ, Order or Direction commanding and compelling the 1 st respondent to consider and pass orders on Exhibit P2."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted that by Ext.P1 order dated 5.7.2022, the

petitioner has been transferred from Alappuzha to Kottayam. The

petitioner submitted Ext.P2 representation before the 1 st

respondent on the same date pointing out that she has medical

reasons and seeks a retention at Alappuzha.

I am of the opinion that since a representation has been

submitted by the petitioner along with Ext.P3, the same is liable to

be considered in accordance with law.

There will, accordingly, be a direction to the 1st

respondent to take up, consider and pass orders on Ext.P2

representation submitted by the petitioner, taking note of Ext.P3

also, within a period of ten days from the date of receipt of a copy WP(C) NO.22048 OF 2022

of this judgment. Till orders are passed as directed above, the

petitioner shall be permitted to continue at the present station.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/7.7.2022 WP(C) NO.22048 OF 2022

APPENDIX OF WP(C) 22048/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE ORDER NO. KB 3796/2022/E1 (A) DATED 05.07.2022 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED THROUGH PROPER CHANNEL BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 05.07.2022

EXHIBIT P3 THE TRUE COPY OF THE MEDICAL SCAN REPORT DATED 4.6.2022 EVIDENCING THIS FACT