Dismissed

Kuzhiyamvila Milk P.Co.Op.Society v. Deputy Director,Diary Devp.

Kerala HC21 Mar 2007OP/2004/2000

Case brief

AI extract

What is this about?

This writ petition challenged the amendment of bye-laws concerning the society's operating area. The Court quashed the impugned proceedings and directed the Joint Registrar to reconsider the matter afresh with notice, applying a specific precedent.

What did the court decide?

Impugned proceedings (Ext.P6) quashed; direction to Joint Registrar to consider the matter afresh.

Kuzhiyamvila Milk P.Co.Op.Society Vs Deputy… — Company and Corporate | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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WEDNESDAY, THE 21ST MARCH 2007 / 30TH PHALGUNA 1928

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OP.No. 2004 of 2000(L)

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--------------------------------

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PETITIONER:

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-------------------

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KUZHIYAMVILA MILK PRODUCERS' CO-OPERATIVE SOCIETY LIMITED NO.T.95 (D) APCOS, KUZHIYAMVILA, PAYATTUVILA P.O., REPRESENTED BY ITS SECRETARY.

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BY ADV. SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR

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RESPONDENTS:

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-----------------------

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1. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT, TRIVANDRUM.

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2. V.GANGADHARAN, CHARUVILA PUTHANVEEDU, NELLIMOODU P.O., TRIVANDRUM.

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BY ADV. SRI.M.RAJASEKHARAN NAYAR for R2 BY GOVERNMENT PLEADER SRI. MANOJ

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.NO.2004/2000 L

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ORDER ON C.M.P.NO.3204/2000 IN O.P.NO.2004/2000 L

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DISMISSED

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21/03/2007

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SD/- KURIAN JOSEPH, JUDGE

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF AMENDED BYE-LAW AND THE BYE-LAW AMENDMENT REGISTRATION CERTIFICATE DTD. 26/12/1996 OF THE FIRST RESPONDENT.

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EXT.P2: COPY OF PROCEEDINGS OF THE DEPUTY DIRECTOR, DIARY DEVELOPMENT DTD. 28/10/1996.

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EXT.P3: COPY OF LETTER FROM THE DIRECTOR DTD. 24/02/1996. EXT.P4: COPY OF LETTER FROM THE DEPUTY DIRECTOR DTD. 24/09/1999.

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EXT.P5: COPY OF OBJECTION FILED BY THE PETITIONER SOCIETY DTD. 1/10/1999.

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EXT.P6: COPY OF PROCEEDINGS DTD. 25/11/1999 OF THE DEPUTY DIRECTOR WITH AMENDMENT.

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EXT.P7; COPY OF SKETCH OF AREA OF OPERATION OF THE SOCIETY.

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2ND RESPONDENT'S EXHIBIT:

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EXT.R2(A); COPY OF THE CIRCULAR NO.19491/D2/97/AD. DTD.26/05/1997 ISSUED BY GOVERNMENT OF KERALA.

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/TRUE COPY/

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KSS

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KURIAN JOSEPH, J.

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O.P.No.2004 of 2000

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Dated 21^st March, 2007.

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J U D G M E N T

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Challenge is on Ext.P6. The issue pertains to a dispute on the area of operation. According to the petitioner, the issue is covered by the decision of this Court in Pallimon Ksheera Ulpadhaka Cooperative Society Ltd. v. Deputy Director, Dairy Development Office (2002(3) KLT 193). Since the decision is after filing the writ petition, it is only appropriate that the matter is considered by the Joint Registrar with notice to the parties. Accordingly, Ext.P6 is quashed. There will be a direction to the Joint Registrar to consider the matter afresh with notice to the petitioner and any other affected party, and take a decision in the light of the judgment referred to above.

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The writ petition is disposed of as above.

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KURIAN JOSEPH, JUDGE.

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tgs

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KURIAN JOSEPH, J

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O.P.No.2004 of 2000 (L)

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J U D G M E N T

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Dated 21^st March, 2007.

Kuzhiyamvila Milk P.Co.Op.Society v. Deputy Director,Diary Devp.

Case brief

What is this about?

What did the court decide?

Kuzhiyamvila Milk P.Co.Op.Society v. Deputy Director,Diary Devp.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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