LAWS(KER)-2017-10-254

M.S. SALIM Vs. M. SREEKUMAR S/O. V. MADHAVA KURUP, DEPUTY TAHSILDAR, TALUK OFFICE, THIRUVALLA 689 622 RESIDING AT DREEPADAM, MANNAR P.O, ALAPPUZHA, KERALA 689 622 AND OTHERS

Decided On October 05, 2017
M.S. Salim Appellant
V/S
M. Sreekumar S/O. V. Madhava Kurup, Deputy Tahsildar, Taluk Office, Thiruvalla 689 622 Residing At Dreepadam, Mannar P.O, Alappuzha, Kerala 689 622 And Others Respondents

JUDGEMENT

(1.) Ext.P3 verdict passed by the Tribunal in O.A. 964 of 2013 is put to challenge by the respondents 4 and 5 in the O.A., who were in fact impleaded in a representative capacity.

(2.) The sum and substance of the contention is that the Tribunal has unfortunately omitted to consider the scope of amendment to Rule 21 of Part II, KS and SSR, but for placing reliance on the verdict passed in Appukuttan Nair v. State of Kerala [1990 (2) KLT 806], which was prior to the amendment brought into force from 16.12.1992.

(3.) Heard the learned counsel for the petitioners, the learned counsel, who entered appearance on behalf of the third respondent herein and also the learned Government Pleader appearing for the State/Department.