Disposed

Kombanad Milk Producers Co-Operative Society Ltd. No E 226 (D) Apcos. v. Deputy Director

Kerala HC17 Sept 2020WP(C)/10164/2020

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging interference with a suspension order of second respondent pending enquiry. The Court held the First Respondent could not interfere citing the Co-operative Societies Act and allowed the petitioner to conclude the enquiry within one month.

What did the court decide?

Petitioner allowed to proceed with and conclude the enquiry within one month.

Kombanad Milk Producers Co-Operative Society Ltd. No E… — Cooperative Societies | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE SATHISH NINAN THURSDAY, THE 17TH DAY OF SEPTEMBER 2020/

¶4

26TH BHADRA, 1942

¶5

W.P.(C)No.10164 OF 2020(U)

¶6

PETITIONER:

¶7

KOMBANAD MILK PRODUCERS' CO-OPERATIVE SOCIETY LTD., NO.E 226 (D) APCOS, REPRESENTED BY ITS PRESIDENT, KOMBANAD, PERUMBAVOOR P.O., ERNAKULAM.

¶8

BY ADV. SRI.P.N.MOHANAN

¶9

RESPONDENTS:

¶10

1 DEPUTY DIRECTOR, OFFICE OF THE DAIRY DEVELOPMENT DEPARTMENT, KAKKANAD, ERNAKULAM-682 030.

¶11

2 ANNAKUTTY N.V., SECRETARY, (UNDER ORDERS OF SUSPENSION), KOMBANAD MILK PRODUCERS' CO-OPERATIVE SOCIETY LTD., NO. E 226 (D) APCOS, RESIDING AT KANIYADAN HOUSE, KOMPANAD P.O., ERNAKULAM-684 544.

¶12

R1 BY GOVERNMENT PLEADER, SMT. MABLE C.KURIAN R2 BY ADV. SRI.N.K.KARNIS

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

W.P.(C)No.10164 OF 2020(U)

¶15

¶16

JUDGMENT

¶17

The second respondent was suspended pending enquiry. The order of suspension was interfered with by the Deputy Director under Ext.P3 order. The same has been stayed by this court at the time of admission. Ext.P6 is the charge memo issued to the second respondent. The first respondent could not have interfered with the order of suspension in view of Section 69 of the Co-operative Societies Act.

¶18

Charge memo having already been issued, the petitioner is at liberty to proceed with the enquiry and to take it into a logical conclusion. The proceedings shall be

¶19

W.P.(C)No.10164 OF 2020(U)

¶20

¶21

concluded within a period of one month.

¶22

The writ petition is disposed of as

above.

Sd/-

SATHISH NINAN

JUDGE

W.P.(C)No.10164 OF 2020(U)

¶29

¶30

APPENDIX

¶31

PETITIONER'S/S EXHIBITS:

¶32

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 5.5.2020 OF THE PETITIONER SOCIETY.

¶33

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 2.5.2020 SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, ALONG WITH THE RECEIPT RECEIVED NO.78 DATED 2.5.2020.

¶34

EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 14.5.2020 OF THE FIRST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT REPORTED IN 2006 (1) KLT 199.

¶35

EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 19.5.2020 OF THE PETITIONER.

Kombanad Milk Producers Co-Operative Society Ltd. No E 226 (D) Apcos. v. Deputy Director

Case brief

What is this about?

What did the court decide?

Kombanad Milk Producers Co-Operative Society Ltd. No E 226 (D) Apcos. v. Deputy Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Thiruvananthapuram Regional Co. -Operative Milk Producers Union Ltd. No.T 177(D) Apcos Vs Registrar of Dairy Co-Operative Societies/Director of Diary Development

Rathnakumari, Vs State of Kerala

P.K.Mamachan Vs Kerala State Road Transport Corporation

Mylapra Service Co-Operative Bank Ltd. NO.639, Vs K.R. Aravindakshan Nair

Ameer Ali Vs Indian Oil Corporation Ltd.

Dr.Divya Vs Pattanakkad Service Co-Operative Bank LTD.NO.1144