Directing a cooperative society to accept milk from socially backward class members or their nominees, the court settled the dispute by modifying the collection procedure to eliminate intermediaries.
Directive to accept milk from respondents or any person nominated by them.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 26TH DAY OF AUGUST 2016/4TH BHADRA, 1938
WP(C).No. 6068 of 2016 (G)
PETITIONER(S):
M/S.MOOLATHARA KSHEEROLPATHAKA CO-OPERATIVE SOCIETY LTD KP-65 (D) APCOS, MEENAKSHIPURAM PO, CHITTUR TALUK, PALAKKAD DISTRICT 678533, REPRESENTED BY ITS PRESIDENT, E.SACHIDANANDAGOPALAKRISHNAN
BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.
RESPONDENT(S):
1. DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT CIVIL STATION, PALAKKAD 678001
2. DAIRY EXTENSION OFFICER NATTUKAL PO, CHITTUR TALUK, PALAKKAD DISTRICT 678101
3.
MR. R.KRISHNASWAMY
S/O.C.RAKKIAPPA GOUNDER, KARUPPATTI THURAI, MEENAKSHIPURAM, PALAKKAD DISTRICT 678533
4.
MR. R.SUBRAMANIAN S/O.C.RAKKIAPPA GOUNDER, KARUPPATTI THURAI KADU, MEENAKSHIPURAM, PALAKKAD DISTRICT 678533
5.
MR. N.MARAGATHAM SRAMBI, MEENAKSHIPURAM PALAKKAD DISTRICT 678533
6. MR. MUTHUKUMAR S/O.CHINNAPPA GOUNDER, VALAKKUPARA KADU, MEENAKSHIPURAM PALAKKAD DISTRICT 678533
7.
MR. MUTHUCHAMY S/O.PALANI GOUNDER, SRAMBI, MEENAKSHIPURAM, PALAKKAD DISTRICT 678533
8.
MR. VELUCHAMY KUZHANGAVELU GOUNDER, CHORUTTUTHURA KADU, MEENAKSHIPURAM, PALAKKAD DISTRICT 678533
R3-R8 BY ADVS. SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN R1 BY SR. GOVERNMENT PLEADER SMT.C.S.SHEEJA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6068 of 2016 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
P9: TRUE COPY OF THE RESOLUTION TAKEN IN THE SPECIAL GENERAL BODY MEETING HELD IN PURSUANCE TO EXHIBIT P8 NOTICE.
RESPONDENT(S)' EXHIBITS:
EXT.R1(a): TRUE COPY OF THE NOTICE
EXT.R2(b) & R1(c): TRUE COPY OF THE STATEMENTS FILED BY THE RESPONDENTS
//TRUE COPY//
P.A. TO JUDGE
dlK
SHAJI P. CHALY, J.
W.P.(C). No.6068 of 2016
----------------------------------------
Dated this the 26th day of August, 2016
JUDGMENT
Petitioner is co-operative society registered under the Co-operative Societies Act. Petitioner is highly aggrieved by issuance of Ext.P5 order passed by the first respondent, whereby petitioner is directed to start a milk procurement centre at 'Srambi' for the benefit of respondents 3 to 8, who are members of the petitioner society. In response to a notice issued by the first respondent, petitioner appeared though its Secretary and submitted that there are no vendors appointed by the society for collection of milk from respective members and it was also informed that the general body of the society permits collection centres will be
started as per the direction of the general body. Thereafter, first respondent passed an order dated 8.3.2015 in compliance with Ext.P2 judgment. On
W.P.(C). No.6068 of 2016
2
receipt of the said order petitioner sent a
communication dated 12.4.2015 after convening a meeting of the Board of Directors, whereby it was informed that the petitioner society is collecting milk from the respective members in their only, and was also disbursing the amount due to be paid to the members directly and decided to continue the same procedure. It was thereafter, Ext.P5 is passed directing the society to open milk collection centre at 'Srambi'. It is in this background, this writ petition is filed.
W.P.(C). No.6068 of 2016
3
law and therefore, no manner of interference is required.
Sd/-
SHAJI P. CHALY,JUDGE
dlk/26/8/
1 issue framed by the court
Whether the petitioner society can be directed to accept milk from members or their nominees.
M/S. Moolathara Ksheerolpathak Co-Operative Society Ltd
Deputy Director, Dairy Development Department
Mr. R. Krishnaswamy
Mr. R. Subramanian
Mr. N. Maragatham Srambi
Mr. Muthukumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
