Disposed

K.J.Poulose v. the Deputy Director of Diary Development

Kerala HC30 Nov 2018WP(C)/20916/2018

Case brief

AI extract

What is this about?

Petitioner sought a direction to Deputy Director to consider his representation regarding the illegal enrollment of new members in a cooperative dairy society. Court directed Deputy Director to consider the representation with hearing for the registered members within two months, without adjudicating merits.

What did the court decide?

Direction to 1st respondent to consider petitioner's representation with hearing to all registered members within two months.

K.J.Poulose Vs the Deputy Director of Diary Development — Service and Employment | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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FRIDAY ,THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

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WP(C).No. 20916 of 2018

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PETITIONER/S:

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K.J.POULOSE,AGED 67 YEARS, SON OF JOSEPH, KUZHIKATTUPUTHANPARAMBIL HOUSE,PATTIPARAMBU P.O., PANIKKARKUNNU,THRISSUR - 680 588.

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BY ADVS. SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY

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RESPONDENT/S:

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1 THE DEPUTY DIRECTOR OF DIARY DEVELOPMENT OFFICE OF THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT,MINI CIVIL STATION, CHEMBUKAVU, THRISSUR - 680 020.

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2 THE DAIRY EXTENSION OFFICER PAZHAYANNUR BLOCK, DAIRY EXTENSION SERVICE UNIT,MINI CIVIL STATION, CHELAKKARA P.O.,THRISSUR - 680 586.

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3 PATTIPARAMBU KSHEEROLPADAKA SAHAKARANA SANGAM NO.R 172D APCOS PATTIPARAMBU P.O., THRISSUR - 680 588,REPRESENTED BY ITS SECRETARY.

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4 THE PART-TIME ADMINISTRATOR PATTIPARAMBU KSHEEROLPADAKA SAHAKARANA SANGAM NO.R 172(D)APCOS, PATTIPARAMBU P.O., THRISSUR - 680 588.

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*ADDL. R5 AANDAVAN C.,AGED 58 YEARS S/O CHAMI, MEENIKKODE HOUSE, .PATTIPPARAMBU, ERUKULAM DESOM, THIRUVILLAMALA VILLAGE, THALAPPILLI TALUK, PALAKKAD DISTRICT.

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*ADDL. R6 K. RADHAKRISHNAN AGED 56 YEARS S/O MADHAVAN EZHUTHACHAN, KOZHISSERI VEEDU, PATTIPARAMBU, PANDARAKALAMPADY DESOM, THIRUVILLAMALA VILLAGE, THALAPPILLI TALUK, PALAKKAD DISTRICT.

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WP(C).No. 20916 of 2018

*ADDL. R7

K.K. VIJAYAM

AGED 50 YEARS W/O K.K KRISHNAN, KANJOOR KIZHAKKETHIL, PATTIPARAMBU, CHEERKUZHY DESOM, THIRUVILLAMALA VILLAGE, THALAPPILLI TALUK, PALAKKAD DISTRICT.

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*ADDL. R8 AMMU AGED 55 YEARS D/O AYYAPPAN, CHETTIKUNNU, PATTIPARAMBU P.O., CHETTIKUNNU DESOM, THIRUVILLAMALA VILLAGE, THALAPPILLI TALUK, PALAKKAD DISTRICT.

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*ADDL. R9 MALATHY AGED 56 YEARS D/O NARAYANAN, KOTTATTUKULAMBIL, PATTIPARAMBU, CHEERAKUZHY DESOM, THIRUVILLAMALA VILLAGE, THALAPPILLI TALUK, PALAKKAD DISTRICT.

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*ADDL. R10 JANAKI AGED 64 YEARS D/O VELU EZHUTHACHAN, PANDIYOTTIL HOUSE, PATTIPARAMBU, CHEERAKUZHY DESOM, THIRUVILLAMALA VILLAGE, THALAPPILLI TALUK, PALAKKAD DISTRICT.

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*ADDL. R11 PRABHALAKUMARI AGED 44 YEARS D/O PRABHAKARAN, KUNDUKKADU, PATTIPARAMBU, MEENIKODU DESOM, THIRUVILLAMALA VILLAGE, THALAPPILLI TALUK, PALAKKAD DISTRICT.

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*ADDL. R12 RAMACHANDRAN P.S. AGED 43 YEARS S/O SANKARAN EZHUTHACHAN, POOLACKAL SANKAR NIVAS, PATTIPARAMBU, PANICKARKUNNU DESOM, THIRUVILLAMALA VILLAGE, THALAPPILLI TALUK, PALAKKAD DISTRICT.

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(ADDL.R5 TO R12 ARE IMPLEADED AS PER THE ORDER DATED 14/09/2018 IN IA.NO.04/2018)

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BY ADVS. SRI.O.D.SIVADAS R1 & 2 BY SMT. SHEEJA C.S., SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 20916 of 2018

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JUDGMENT

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The petitioner, who was the President of the

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3^rd respondent Society, which is a society registered under the provisions of the Kerala Cooperative Societies Act, 1969 and the rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the enrollment of new members on the rolls of the 3^rd respondent Society as notified in Ext.P2 notice, is illegal and without any authority. The petitioner has also sought for

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a direction forbearing the respondents from enrolling new members on the rolls of the 3^rd respondent Society, until the culmination of the election to the Managing Committee of the Society. The further relief sought for is a direction forbearing the respondents from granting voting rights to persons named in Ext.P2 notice and to

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persons enrolled by the 4^th respondent

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WP(C).No. 20916 of 2018

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Administrator as members of the 3^rd respondent

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Society, in the ensuing elections to the Managing Committee of that Society.

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On 26.06.2018, when this writ petition

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came up for admission, the learned Government Pleader took notice on admission for respondents 1 and 2. Urgent notice on admission by speed post

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was ordered to respondents 3 and 4 returnable within three weeks.

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During the pendency of this writ petition, the members, who are included in Ext.P2 notice,

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got themselves impleaded as additional respondents 5 to 12 in the writ petition, pursuant to the order of this Court dated 14.09.2018 in I.A.No.4 of 2018.

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On 24.09.2018, when this writ petition

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came up for consideration, this Court allowed I.A.No.1 of 2018 filed by the petitioner seeking

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an order to implead the Electoral Officer and Returning Officer as additional respondents 13 and

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WP(C).No. 20916 of 2018

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This Court admitted the writ petition on file

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and directed the petitioner to file reply affidavit, if any, to the statement filed by the 2^nd respondent, within two weeks. This Court has made it clear that pendency of this writ petition will not stand in the way of the petitioner invoking the statutory remedy under Section 69 of the Kerala Co-operative Societies Act, 1969, in case he is having any dispute in relation to the election conducted to the Managing Committee of the 3^rd respondent Society, in terms of Ext.P4 notification dated 20.07.2018 issued by the State Co-operative Election Commission.

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The petitioner has filed reply affidavit

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to the statement filed by the 2^nd respondent.

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Heard the learned counsel for the

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petitioner, the learned Senior Government Pleader appearing for respondents 1 and 2 and also the learned counsel appearing for the party respondents.

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WP(C).No. 20916 of 2018

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learned counsel for the petitioner would confine the relief sought for in this writ petition as one directing the 1^st respondent Deputy Director of

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Dairy Development to consider Ext.P3

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representation made by the petitioner, with notice to the petitioner and also to additional respondents 5 to 12 and others, who are given

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membership in terms of Ext.P2 notice.

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The learned counsel for additional

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respondents 5 to 12 would submit that they may be

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given an opportunity of being heard, while the 1^st respondent considering Ext.P3 representation.

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Having considered the submissions made by the

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learned counsel on both sides, this writ petition is disposed of by directing the 1^st respondent to consider Ext.P3 representation submitted by the petitioner with notice to the petitioner and additional respondents 5 to 12 and the other members mentioned in Ext.P2 notice, and after

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WP(C).No. 20916 of 2018

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affording them an opportunity of being heard. Necessary orders in this regard shall be passed, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of

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a certified copy of this judgment.

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It is made clear that this Court has not expressed anything on the merits of the rival contentions and it is for the 1^st respondent to

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consider and take appropriate decisions on Ext.P3 representation, strictly in accordance with law.

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Sd/-

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ANIL K.NARENDRAN,JUDGE

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AV/5/12

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WP(C).No. 20916 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1. TRUE COPY OF THE REPRESENTATION DATED 05.04.2018 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT. EXHIBIT P2. TRUE COPY OF NOTICE DATED 20.06.2018 PUBLISHED BY 3RD RESPONDENT ON THE NOTICE BOARD.

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EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 21.06.2018 SUBMITTED BY PETITIONER TO 1ST RESPONDENT.

K.J.Poulose v. the Deputy Director of Diary Development

Case brief

What is this about?

What did the court decide?

K.J.Poulose v. the Deputy Director of Diary Development

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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