K K NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) A new district, the 13th in the State Pathanamthitta District came into being on 1-11-1982. The very decision for the creation of the new district brought in its wake, political, legal and constitutional problems. The decision of the Government was challenged, unsuccessfully as it turned out in Madhusoodanan Nair v. Governor of Kerala. 1983 KLT 43 .

(2.) An office of the Deputy Director for the District was established in Pathanamthitta under the Government Order dated 2-9-1983. The Office functioned there for a short time. A formal inauguration of the office was done by the Minister for Education on 25-11-83 at a public meeting, which, according to the petitioner (in O. P. 10823 of 1983) was attended by "thousands of people in and around Pathanamthitta". The life of the office at Pathanamthitta was, however, a short one. The Government passed an order on 7-12-83 shifting the office to Thiruvalla with immediate effect. The Deputy Director was directed to implement that decision by a communication dated 9-12-83. This decision in turn, generated divergent reactions among the people of the newly formed District. The Member of the Legislative Assembly for the Pathanamthitta Constituency expressed, through legal channel the resentment at the new decision and raised the issue of legality of the action, by filing a writ petition, O. P. No. 10823 of 1983, on 19-12-83. On the petition for a direction not to take any steps for shifting the office this court observed as follows:

(3.) Yet another writ petition was filed on 27-12-1983. The petitioners were the General Secretary of the District Formation Working Committee, Pathanamthitta and the President of the Kerala Education Department Ministerial Staff Association, Trivandrum, who also happened to be an Upper Division Clerk in the office of the District Education, Pathanamthitta. According to them, the Office had not been shifted to Thiruvalla. There was only a transfer of some files and records from the Pathanamthitta Office. They challenged the action of the Government as vitiated by mala fides. A petition, CMP. No. 34328 of 1983, for maintaining the status quo regarding the proposed shifting of the office was also moved. On 27-12-1983, this court gave an interim direction to maintain 'status quo' as prayed for.