Janakeeya Prathikarana Vedi Rep. By Its Secretary v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 38837 of 2015 (S) ---------------------------- PETITIONER(S) :- ----------------- JANAKEEYA PRATHIKARANA VEDI REPRESENTED BY THE SECRETARY, V.V.PRABHAKARAN S/O.LATE KANDANKODAN KUNHIRAMAN NAMBIAR MUNDAYOD(P.O), KANNUR DISTRICT, PIN-670 594.
BY ADVS.SMT.K.V.BHADRA KUMARI SMT.ANILA GEORGE SRI.P.SAILESH SREEKUMAR RESPONDENT(S) :- ------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO CO-OPERATIVE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. K.SANAL KUMAR S.I.OF POLICE, CRIME BRANCH, VADAKARA CRIME BRANCH OFFICE, VADAKARA(P.O), KOZHIKODE DISTRICT.
4. K.SURENDRAN JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT) OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES WAYANAD.
5. P.K.RAGESH COUNSELLOR, CORPORATION OF KANNUR KANNUR DISTRICT - 670 591.
BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 38837 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1- TRUE COPY OF THE NEWS ITEM APPEARED IN MATHRUBHOOMI DAILY DATED 01.12.2015.
EXT.P1(a)- A TRUE ENGLISH TRANSLATION OF EXT.P1. EXT.P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ORGANIZATION BEFORE THE 1ST RESPONDENT DATED 07.11.2015.
EXT.P2(a)- A TRUE ENGLISH TRANSLATION OF EXT.P2. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 38837 of 2015 --------------------------------------------------------------- Dated this the 22nd day of December, 2015
JUDGMENT
Shaffique, J This writ petition is filed in the form of public interest litigation seeking the following reliefs :
" (i) To issue an order, direction or declaration declaring that the transfer of 3rd respondent, Sanal Kumar from the S.I of Police, Town Police Station to Crime Branch Vadakara and the 4th respondent, K. Surendran from Joint Registrar of Cooperative Societies Kannur District to Wayanad as Joint Registrar of Co-operative Society (Audit) yielding to the demand of the 5th respondent so as to secure his vote in favour of U.D.F candidates in the Standing Committee election to Kannur Corporation is illegal, arbitrary and liable to be cancelled.
(ii) To issue a writ in the nature of mandamus, order or direction directing the 1st & 2nd respondents to cancel the illegal transfer of Sanal Kumar, S.I of Police from Town Police Station to Crime Branch Vadakkara and the 4th respondent Surendran, Joint Registrar of Co-operative Societies from Kannur to Wayanad as Joint Registrar of Co-operative Societies (Audit).
2. It is apparent from the averments in the writ petition that the petitioner seeks for challenging the transfer order issued to two officers of the Government, which cannot be adjudicated by this Court in a public interest litigation.
3. Though it is argued by learned counsel for the petitioner that there is public interest involved in the issue, we do not think that in the absence of challenge made by the
W.P.(C).No.38837/15 concerned parties, such issues can be adjudicated by this Court by exercising the public interest litigation jurisdiction. Hence we do not find any reason to entertain the petition and the same is dismissed.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.22/12/15