Kerala High Court
Kerala Government Veterinary ... vs State Of Kerala on 25 October, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
2024:KER:79976
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
R.P. NO. 1067 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 04.09.2024 IN OP(KAT)
NO.316 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 & 2:
1 KERALA GOVERNMENT VETERINARY OFFICERS'
ASSOCIATION (REG. NO.305/2013)
TC25/132, DHARMALAYAM ROAD, THIRUVANANTHAPURAM-
695001 REPRESENTED BY ITS GENERAL SECRETARY DR.
KURIAKOSE MATHEW T, AGED 43 YEARS, S/O. P.K
MATHAI, RESIDING AT THARAVATTATHIL, AMAYANNUR
P.O., KOTTAYAM, PIN - 686019.
2 DR. SAJEEV KUMAR K.A
AGED 52 YEARS
S/O. APPUKUTTAN NAIR, SENIOR VETERINARY
SURGEON, VETERINARY HOSPITAL, KANHANGAD,
KASARAGOD-671315, RESIDING AT MIZHIKAL,
KARUVARAKUNDU, MALAPPURAM, PIN - 676523.
BY ADVS.
P.NANDAKUMAR
VIVEK VIJAYAKUMAR
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RESPONDENTS/PETITIONERS & RESPONDENTS 3 TO 47:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, ANIMAL HUSBANDRY DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE DIRECTOR OF ANIMAL HUSBANDRY
DIRECTORATE OF ANIMAL HUSBANDRY, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033.
3 DR. SUNIL WILSON
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
UCHHAKKADA, THIRUVANANTHAPURAM-695506, UNDER
ORDERS OF TRANSFER TO VETERINARY HOSPITAL,
VATTIYOORKKAVU, THIRUVANANTHAPURAM,
PIN - 695013.
4 DR. INDULEKHA
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
VAMANAPURAM, THIRUVANANTHAPURAM-695608, UNDER
ORDERS OF TRANSFER TO VETERINARY HOSPITAL,
UCHHAKKADA, THIRUVANANTHAPURAM, PIN - 695506.
5 DR. SPENOLA
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KOZHENCHERRY, PATHANAMTHITTA-689641, UNDER
ORDERS OF TRANSFER TO VETERINARY HOSPITAL,
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101.
6 DR. SAJEEV KUMAR A
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
PUNNAPRA, ALAPPUZHA-688004, UNDER ORDERS OF
TRANSFER TO INSTITUTE OF ANIMAL HEALTH AND
VETERINARY BIOLOGICALS, PALODE,
THIRUVANANTHAPURAM AS ASSISTANT RESEARCH
OFFICER., PIN - 695563.
7 DR. SHANTHI V G
SENIOR VETERINARY SURGEON, VETERINARY POLY
CLININC, MAVELIKKARA, ALAPPUZHA-690101, UNDER
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ORDERS OF TRANSFER TO VETERINARY HOSPITAL,
KANJIRAMKULAM, THIRUVANANTHAPURAM,
PIN - 695524.
8 DR. ASHA K R
ASSISTANT DIRECTOR, SPECIAL LIVESTOCK BREEDING
PROGRAMME OFFICE, SS KOVIL ROAD, SANTHI NAGAR,
THAMPANOOR, THIRUVANANTHAPURAM - 695001, UNDER
ORDERS OF TRANSFER TO FARM INFORMATION BUREAU,
KOWDIAR, THIRUVANANTHAPURAM AS INFORMATION
OFFICER, PIN - 695003.
9 DR. RAJI P V
SENIOR VETERINARY SURGEON, INFORMATION OFFICER,
FARM INFORMATION BUREAU, KOWDIAR,
THIRUVANANTHAPURAM- 695003, UNDER ORDERS OF
TRANSFER TO OFFICE OF DEPUTY DIRECTOR OF
SPECIAL LIVESTOCK BREEDING PROGRAMME, SS KOVIL
ROAD, SANTHI NAGAR, THAMPANOOR,
THIRUVANANTHAPURAM AS ASSISTANT DIRECTOR,
PIN - 695001.
10 DR. SINDHU K S
ASSISTANT PROJECT OFFICER, REGIONAL ANIMAL
HUSBANDRY CENTRE, KOTTIYAM, KOLLAM-691571,
UNDER ORDERS OF TRANSFER TO REGIONAL ANIMAL
HUSBANDRY CENTRE, PATHANAPURAM, KOLLAM,
PIN - 689695.
11 DR. SINIL KUMAR G
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KUNNATHOOR, KOLLAM-690540, UNDER ORDERS OF
TRANSFER TO REGIONAL ANIMAL HUSBANDRY CENTRE,
SASTHAMCOTTAH, KOLLAM AS ASSISTANT PROJECT
OFFICER, PIN - 690521.
12 DR. SUNU R
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
ANCHAL, KOLLAM- 691306, UNDER ORDERS OF
TRANSFER TO DISTRICT VETERINARY CENTRE,
THEVALLY, KOLLAM, PIN - 691009.
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13 DR. SHEEJA S
SENIOR VETERINARY SURGEON, DISTRICT VETERINARY
CENTRE, THEVALLY, KOLLAM- 691009, UNDER ORDERS
OF TRANSFER TO VETERINARY HOSPITAL,
KALLUVATHUKKAL, KOLLAM, PIN - 691578.
14 DR. SURESH KUMAR B
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KOTTIYAM, KOLLAM -691571, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, AYOOR, KOLLAM,
PIN - 691533.
15 DR. NAIR INDIRA JANARADHANAN
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
AYOOR, KOLLAM-, UNDER ORDERS OF TRANSFER TO
VETERINARY HOSPITAL, KULATHUPUZHA, KOLLAM,
PIN - 691310.
16 DR. SHAJI RAHMAN
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
MANNADI, KOLLAM-691530, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL,
PUNTHALATHAZHAM, KOLLAM, PIN - 691577.
17 DR. GEETHA R
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KAYIPURAM, ALAPPUZHA-688525, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, OACHIRA,
KOLLAM, PIN - 690526.
18 DR. BINDU R
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KALLUVATHUKKAL, KOLLAM-691578, UNDER ORDERS OF
TRANSFER TO CALF FEED SUBSIDY SCHEME, CHAVARA,
KOLLAM AS ASSISTANT DIRECTOR, PIN - 691583.
19 DR. GADHA G
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
MULAKKUZHA, KOLLAM-689504, UNDER ORDERS OF
TRANSFER TO VETERINARY POLY CLINIC,
KARUNAGAPPALLY, KOLLAM, PIN - 690523.
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20 DR. RESMI R
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KIDANGARA, ALAPPUZHA-686102, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, KOTTIYAM,
KOLLAM, PIN - 691571.
21 DR. JANAKI DAS
DISEASE SURVEILLANCE OFFICER, AVIAN DISEASE
DIAGNOSTIC LABORATORY, THIRUVALLA,
PATHANAMTHITTA-689645, UNDER ORDERS OF TRANSFER
TO REGIONAL ANIMAL HUSBANDRY CENTRE,
PATHANAMTHITTA AS ASSISTANT PROJECT OFFICER,
PIN - 695524.
22 DR. ABY K ABRAHAM
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KALANJOOR, PATHANAMTHITTA-689694, UNDER ORDERS
OF TRANSFER TO REGIONAL ANIMAL HUSBANDRY
CENTRE, RANNI, PATHANAMTHITTA AS ASSISTANT
PROJECT OFFICER., PIN - 689672.
23 DR. JOJI MATHEW
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
MARANGATTUPALLY, KOTTAYAM- 686635, UNDER ORDERS
OF TRANSFER TO VETERINARY POLY CLINIC, PALA,
KOTTAYAM, PIN - 686575.
24 DR. JACOB P GEORGE
ASSISTANT DIRECTOR, MANNARKAD, KOTTAYAM-686019,
UNDER ORDERS OF TRANSFER TO VETERINARY
HOSPITAL, AREEPPARAMBU, KOTTAYAM AS SENIOR
VETERINARY SURGEON, PIN - 686501.
25 DR. MERLIN ALEXANDER
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
AREEPPARAMBU, KOTTAYAM -686501, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, CHENGALAM,
KOTTAYAM, PIN - 686585.
26 DR. SHOUKATHALI VADAKKUMPADAM
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
NILAMBUR, MALAPPURAM -679329, UNDER ORDERS OF
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TRANSFER TO VETERINARY HOSPITAL, VAKATHANAM,
KOTTAYAM, PIN - 686538.
27 DR. JAISON GEORGE
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
SREEMOOLANAGARAM, ERNAKULAM -683580, UNDER
ORDERS OF TRANSFER TO DISTRICT POULTRY FARM,
KOLANI, IDUKKI AS ASSISTANT DIRECTOR,
PIN - 685608.
28 DR. RAJESWARI R
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
ADIMALI, IDUKKI -685561, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, PERUMBAVOOR,
ERNAKULAM, PIN - 683542.
29 DR. SANTHOSH N K
SENIOR VETERINARY SURGEON, VETERINARY POLY
CLINIC, KODUNGALLOOR, THRISSUR -680669, UNDER
ORDERS OF TRANSFER TO VETERINARY POLY CLINIC,
IRINJALAKUDA, THRISSUR, PIN - 680121.
30 DR. AJAY K R
ASSISTANT PROJECT OFFICER, REGIONAL ANIMAL
HUSBANDRY CENTRE, SHORANUR, PALAKKAD - 679121,
UNDER ORDERS OF TRANSFER TO SPECIAL LIVESTOCK
BREEDING PROGRAMME OFFICE, THRISSUR AS
ASSISTANT DIRECTOR, PIN - 680012.
31 DR. ARUN RAPHEL
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
TIRUR, THIRSSUR -680581, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, AVINISSERY,
THRISSUR, PIN - 680306.
32 DR. SPENSER FRANCIS P
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
MEENANGADI, WAYANAD -673591, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, CHELAKKARA,
THRISSUR, PIN - 680586.
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33 DR. SMISHA L
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
THOONERI, KOZHIKODE -673505, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, PAZHAYANNOOR,
THRISSUR, PIN - 680587.
34 DR. MUJEEB RAHMAN
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KOTTAKKAL, MALAPPURAM -676503, UNDER ORDERS OF
TRANSFER TO VETERINARY POLY CLINIC,
PERINTHALMANNA, MALAPPURAM, PIN - 679322.
35 DR. RAVI K M
SENIOR VETERINARY SURGEON, VETERINARY POLY
CLINIC, VADAKARA, KOZHIKODE - 673104, UNDER
ORDERS OF TRANSFER TO VETERINARY HOSPITAL,
PATTAMBI, PALAKKAD, PIN - 679303.
36 DR. GOPALAKRISHNAN M A
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
KATTANAM, ALAPPUZHA -690503, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, KUZHALMANNAM,
PALAKKAD, PIN - 678702.
37 DR. SAJITH P
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
MELATTUR, MALAPPURAM -679326, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL, VALANCHERRY,
MALAPPURAM, PIN - 676552.
38 DR. ABDUL GAFOOR POONGADAN
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
VALANCHERRY, MALAPPURAM - 676552, UNDER ORDERS
OF TRANSFER TO VETERINARY HOSPITAL, KOTTAKKAL,
MALAPPURAM, PIN - 676503.
39 DR. SAJI THOMAS THOPPIL
PROJECT OFFICER, PIG BREEDING FARM, KAPPAD,
KOTTAYAM-686508, UNDER ORDERS OF TRANSFER TO
VETERINARY HOSPITAL, NILAMBUR, MALAPPURAM AS
SENIOR VETERINARY SURGEON, PIN - 679329.
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40 DR. BIJI BAL
ASSISTANT DIRECTOR, CATTLE FARM, BADIYADUKKA,
KASARAGOD-671551, UNDER ORDERS OF TRANSFER TO
VETERINARY HOSPITAL, KAVANNOOR, MALAPPURAM AS
SENIOR VETERINARY SURGEON, PIN - 673641.
41 DR. ASHA P
ASSISTANT PROJECT OFFICER, REGIONAL ANIMAL
HUSBANDRY CENTRE, KASARAGODE-671121, UNDER
ORDERS OF TRANSFER TO VETERINARY HOSPITAL,
NEELESWARAM, KASARAGODE AS SENIOR VETERINARY
SURGEON, PIN - 671314.
42 DR. SANTHOSH K C
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
PATTANAKAD, ALAPPUZHA-688531, UNDER ORDERS OF
TRANSFER TO VETERINARY HOSPITAL,
MARANGATTUPALLY, KOTTAYAM, PIN - 686635.
43 DR. RAJESH K C
SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL,
AZHIKODE, KANNUR-670009, UNDER ORDERS OF
TRANSFER TO VETERINARY POLY CLINIC, VADAKARA,
KOZHIKODE, PIN - 673104.
44 DR. RAJEEV K R
ASSISTANT DIRECTOR, SPECIAL LIVESTOCK BREEDING
PROGRAMME OFFICE, THRISSUR-680012, UNDER ORDERS
OF TRANSFER TO VETERINARY HOSPITAL, TIRUR,
THRISSUR AS SENIOR VETERINARY SURGEON,
PIN - 680581.
45 RAJESH FRANCIS THOMAS
S/O. N.F. THOMAS, VETERINARY SURGEON, DISTRICT
VETERINARY CENTRE, ERNAKULAM-682 011 RESIDING
AT H. NO.SJRRA-119, SOUTH JANATHA ROAD,
PALARIVATTOM – ERNAKULAM, PIN - 682025.
46 DR. GIRISH U
S/O. UNNIKRISHNAN T., VETERINARY SURGEON,
VETERINARY POLYCLINIC, NORTH PARAVOOR,
ERNAKULAM-683 513, RESIDING AT THOTTATHIL
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HOUSE, KODUNGALLOOR, PADAKULAM (W),
KODUNGALLOOR, PIN - 680684.
47 DR. VIJAY V
S/O. K.VIJAYRAJAN, VETERINARY SURGEON,
VETERINARY DISPENSARY WEST, KALLADA, KOLLAM-691
502, RESIDING AT "LAKSHMY", KARIMTHOTTUVA P.O.,
KOLLAM, PIN - 690940.
SMT. VINEETHA B., SR. GP
ADV.K.S.BHARATHAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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R.P.No.1067 of 2024
in
O.P.(KAT) No.316 of 2024
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Dated this the 25th day of October, 2024
ORDER
P.G.Ajithkumar, J.
Respondents No.1 and 2 in the original petition have filed this petition under Order XLVII, Rule 1 of the Code of Civil Procedure, 1908 (Code). They seek to review the judgment dated 04.09.2024 in the original petition alleging that there occurred errors in the judgment, which are apparent on the face of the record.
2. Heard the learned counsel for the petitioner, the learned Senior Government Pleader and the learned counsel for the respondents.
3. The petitioner filed O.A.(EKM) No.984 of 2024 before the Kerala Administrative Tribunal, Ernakulam Bench. The said application was filed challenging Annexure A12 transfer order to the extent it relates to the transfer of 2024:KER:79976 11 R.P.No.1067 of 2024 in O.P.(KAT) No.316 of 2024 respondents No.3 to 44 in the original application. The Tribunal ordered on 22.07.2024 interim stay against implementation of transfers concerning the said respondents as per Annexure A12. Respondents No.1 and 2 filed a miscellaneous application seeking to vacate the said interim order. The Tribunal dismissed that application. In the said circumstances, respondents No.1 and 2 filed O.P.(KAT) No.316 of 2024. After hearing both sides, this Court allowed the original petition.
4. The petitioners seek to review the said judgment essentially on three grounds;
(i) the view taken by this Court that an association could not file an original application before the Tribunal is an error inasmuch as implication of Rule 4(4) of the Kerala Administrative Tribunal (Procedure) Rules, 2010 (for short "the Procedure Rules") and Rule 7 of Kerala Administrative Tribunal Rules of Practice, 2011 (for short "the Practice Rules") was not considered;
2024:KER:79976 12 R.P.No.1067 of 2024 in O.P.(KAT) No.316 of 2024
(ii) the finding that an association could not file an application before the Tribunal is against the settled law in that aspect; and
(iii) the view taken that the 2nd respondent did not have locus standi to file original application is based on wrong understanding of facts.
5. One of the questions considered in the judgment was whether the 1st petitioner, being a service organisation, has locus standi to file an application before the Tribunal challenging an order of transfer. The said question was considered by this Court in the light of the provisions of Sections 19 and 20 of the Kerala Administrative Tribunals Act, 1985 (for short "the Act") and the law laid down by the Apex Court in various decisions. It was held that the 1 st respondent association was disentitled to file an application challenging transfer. The contention of the learned counsel for the petitioners now is that Rule 4(4) of the Procedure Rules and Rule 7 of the Practice Rules lay down the procedure and conditions for filing an application by an association, which 2024:KER:79976 13 R.P.No.1067 of 2024 in O.P.(KAT) No.316 of 2024 has an unassailable implication that an association is competent to file such an application, but that aspect was not considered inspite of bringing to the notice of the court.
6. The finding in the judgment under review is not that an association can in no circumstance file an application before the Tribunal. Finding is only that an association cannot file an application challenging the orders of transfer. The said rules apply in cases where an association can file an application. After considering the relevant provisions in the Act and the applicable case law, we took the view that an association has no locus standi to file an application challenging transfers. That being the position, it was not available for the petitioner to contend that non-consideration of the said rules is an error. Therefore, the said contention is untenable.
7. Whether an association is competent to challenge an order of transfer was one of the questions considered and decided in the judgment. When, this Court took a view in that matter, after considering the relevant statutory provisions and 2024:KER:79976 14 R.P.No.1067 of 2024 in O.P.(KAT) No.316 of 2024 the decisions relied on by the parties, a plea that the said view is incorrect cannot be a ground for review. It may be noted that the petitioners filed SLP(C) No.22261 of 2024 before the Apex Court challenging the judgment. The said SLP was dismissed as per Annexure A order holding that the Apex Court was not inclined to interfere with the impugned judgment passed by the High Court. True, despite dismissal of SLP(C) No.22261 of 2024, this petition for review is maintainable in view of the decision of the Apex Court in Kunhayammed v. State of Kerala [(2000) 6 SCC 359]. But a review can be entertained only on the grounds permissible under Order XLVII, Rule 1 of the Code.
8. As rightly pointed out by the learned Senior Government Pleader, challenge to the judgment on its merits was declined by the Apex Court. Therefore, the petitioners are now barred from raising contentions on the correctness or not of the findings in the judgment. That apart, the petitioners cannot seek a review on the ground that the view taken in the judgment is incorrect since, such a challenge will amount to 2024:KER:79976 15 R.P.No.1067 of 2024 in O.P.(KAT) No.316 of 2024 an appeal in disguise, which is impermissible as held by the Apex Court in Parsion Devi v. Sumitri Devi [(1997) 8 SCC 715], Anantha Reddy N. v. Anshu Kathuria [(2013) 15 SCC 534] and S.Madhusudhan Reddy v. V.Narayana Reddy [2022 SCC OnLine SC 1034 : 2022 (5) KLT SN 18].
9. The third ground that the view taken concerning the locus standi of the 2nd petitioner is incorrect inasmuch as he challenged Annexure 12 order for the reason that he was expecting a transfer to Malappuram District in the general transfer. But, in view of Annexure A12 he is denied such a chance. We find no merit in the said contention since no plea that his chance for a transfer was denied as a result of any malafide act or violation of a statutory provision concerning transfer, was urged in the original petition.
10. In the said circumstances, we are of the view that none of the grounds raised by the petitioners can be countenanced. So, the petition for review the judgment dated 04.09.2024 can only be dismissed. Accordingly, this petition is 2024:KER:79976 16 R.P.No.1067 of 2024 in O.P.(KAT) No.316 of 2024 dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE dkr 2024:KER:79976 17 R.P.No.1067 of 2024 in O.P.(KAT) No.316 of 2024 APPENDIX OF RP 1067/2024 PETITIONER ANNEXURES Annexure A TRUE COPY OF ORDER DATED 30-09-2024 IN SLP (C) NO. 22261 OF 2024