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.
-----------------------------------------------------------
R.P.No.1067 of 2024
in
O.P.(KAT) No.316 of 2024
-----------------------------------------------------------
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
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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;
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(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
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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
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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
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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
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dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
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PETITIONER ANNEXURES
Annexure A TRUE COPY OF ORDER DATED 30-09-2024 IN
SLP (C) NO. 22261 OF 2024
