Due to an interim order by the Deputy Director restraining milk collection restrictions, the appellants in this writ appeal were not pursuing their grievances, leading the court to close the appeal.
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 P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 21ST DAY OF MARCH 2022 / 30TH PHALGUNA, 1943
WA NO. 123 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 20777/2021 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
BY ADVS. G.HARIHARAN PRAVEEN.H.
RESPONDENTS/RESPONDENTS:
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MEENAKSHIPURAM PO, PALAKKAD - 678533, REPRESENTED BY ITS CHIEF PROMOTER. SRI. KRISHNASWAMY .R.
5 MR. KRISHNASWAMY.R., S/O RAKKIYAPPA GOUNDER, KARAPPUTHURAIKKAD, MEENAKSHIPURAM PO , CHITTUR, PALAKKAD DISTRICT 678 533.
*ADDL.R6 M/S.MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., HEAD OFICE PERINGOLAM, KUNNAMANGALAM, KOZHIKODE DISTRICT-673571. REPRESENTED BY ITS MANAGING DIRECTOR. THE ABOVE RESPONDENT IS IMPLEADED AS ADDITIONAL 6TH RESPONDENT AS PER ORDER DTD. 1/2/2022 IN I.A.2/2022 IN WA 123/2022.
SRI. JAFFAR KHAN, SPL.GP. SRI.S.NIRMAL SRI.VISHNU FOR ADDL R6 SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Writ Appeal No.123 of 2022
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P.B.SURESH KUMAR & C.S.SUDHA, JJ.
Writ Appeal No.123 of 2022
Dated this the 21st day of March, 2022
JUDGMENT
P.B.Suresh Kumar, J.
This writ appeal is directed against the judgment dated 23.12.2021 in W.P.(C) No.20777 of 2021. The appellants were the petitioners in the writ petition.
Writ Appeal No.123 of 2022 -: 4 :-
Judge dismissed the writ petition holding that the appellants cannot have any grievance against Ext.P2 order as there is no delimitation in the area of operation of the first appellant society and that the formation of the new society will not affect the existence of the first appellant society.
fourth respondent society was granted by the Government on the ground that the first appellant society is unable to collect milk from all the farmers in their area of operation. The case set out by the appellants in the writ petition was that the said stand taken by the Government in Ext.P2 order is unsustainable in as much as they are unable to collect milk from the farmers in their area of operation due to the restrictions imposed by M/s.Malabar Regional Co-operative Milk Producers Union Ltd. who are the authorised procuring agency for collecting milk produced from Milk Co-operative Societies in the area. The said contention, however, was not adverted to by the learned Single Judge while dismissing the writ petition. 4. When this matter was taken up today, the learned counsel for the appellants brought to our notice an order passed by the Deputy Director, Dairy Development
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Department, Palakkad, in terms of which the said authority has restrained M/s.Malabar Regional Co-operative Milk Producers Union Ltd. from imposing any restrictions on the first appellant Society and other similarly placed societies from collecting milk from the dairy farmers in their respective areas of operation. It is submitted by the learned counsel that in the light of the said order, the grievance voiced by the appellants in the writ petition is substantially redressed and they are, therefore not pursuing the appeal any further.
In the light of the submission made by the learned counsel for the appellants, the writ appeal is closed.
Sd/P.B.SURESH KUMAR, JUDGE
Sd/C.S.SUDHA, JUDGE
ds 21.03.2022
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APPENDIX OF WA 123/2022
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONBLE COURT IN WPC NO. 22196/2021 ON 26.10.2021.
Annexure II TRUE COPY OF THE REPRESENTATION FILED BY THE IST APPELLATE ADDRESSED TO THE 3RD RESPONDENT ON 02.11.2021.
Annexure III TRUE COPY OF THE ORDER DATED 12.01.2021 ISSUES BY MALABAR REGIONAL CO - OPERATIVE MILK PRODUCERS UNION LTD., KOZHIKODE (MILMA). ADDRESSED TO THE IST APPELLANT.
Annexure IV TRUE COPY OF THE RANK LIST ISSUED BY MALABAR REGIONAL CO OPERATIVE MILK PRODUCERS UNION LTD, KOZHIKODE (MILMA), FOR THE MONTH OF NOVEMBER, 2021 IN CHITTUR REGION.
Annexure V TRUE COPY OF THE RELEVANT ENDORSEMENT MADE BY THE DAIRY EXTENSION OFFICER, CHITTUR MADE ON 21.02.2017 IN THE INSTRUCTIONS REGISTER MAINTAINED IN THE IST APPELLANT SOCIETY.
Annexure VI TRUE COPY OF THE NOTICE DATED 01.10.2016 ISSUED BY THE IST APPELLANTS SOCIETY.
Annexure VII TRUE COPY OF THE INVITATION OF INAUGURATION OF THE 4TH RESPONDENT SOCIETY HELD ON 01.03.2022 PUBLISHED IN TAMIL ALONG WITH ITS ENGLISH TRANSLATION.
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RESPONDENT ANNEXURES
| Exhibit R1(a) | TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 29.10.2018 |
|---|---|
| Exhibit R1(b) | TRUE COPY LETTER NO.DDD/KER/10482/2020-C2 DATED 09.10.2020. |
| Exhibit R1(c) | TRUE COPY OF LETTER NO.264/2020 DATED 13.08.2020. |
| Exhibit R1(d) | TRUE COPY OF LETTER NO.C-1613/2020 DATED 26.08.2020. |
| Exhibit R1(e) | TRUE COPY OF LETTER NO.MRU:P&I:79:MQ/ 395 DATED 12.07.2018 ISSUED BY THE MANAGING DIRECTOR OF MALABAR UNION. |
| Exhibit R1(f) | TRUE COPY OF THE 10 DAYS MILK COLLECTION STATEMENT. |
| Exhibit R1(g) | TRUE COPY OF JUDGMENT IN WRIT PETITION NO.645/15. |
| Exhibit R4(A) | TRUE COPY OF THE REPORT OF THE QUALITY CONTROL OFFICER DATED 18.09.2014 |
| Exhibit R4(B) | TRUE COPY OF THE JUDGMENT DATED 08.01.2015. |
| Exhibit R4(C) | TRUE COPY OF THE RODER OF THE 2ND RESPONDENT DATED 30.01.2016. |
| Exhibit R4(D) | TRUE COPY OF THE SURVEY REPORT. |
| Exhibit R4(E) | TRUE COPY OF THE REPORT OF DIARY DEVELOPMENT OFFICER DATED 13.08.2020. |
| Exhibit R3(a) | TRUE COPY OF THE APPLICATION SUBMITTED |
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| BY THE 5TH RESPON | DENT AND OTHERS | |
|---|---|---|
| Exhibit R3(b) | TRUE COPY OF THE DATED 07.11.2018. |
LETTER NO. C4396/2018 |
| Exhibit R3(c) | TRUE COPY OF THE EXTENSION OFFICER |
LETTER OF THE DAIRY DATED 15.10.2019 |
| Exhibit R3(d) | TRUE COPY OF THE 10.10.2019 OF THE |
LETTER DATED APPELLANT. |
| Exhibit R3(e) | TRUE COPY OF THE 24.10.2019 OF THE |
LETTER DATED DEPUTY DIRECTOR. |
| Exhibit R3(f) | TRUE COPY OF THE BY THE 5TH RESPON DIRECTOR DATED 24 |
APPLICATION SUBMITTED DENT TO THE DEPUTY .07.2020. |
| Exhibit R3(g) | TRUE COPY OF THE THE DAIRY EXTENSI 13.08.2020. |
REPORT PREPARED BY ON OFFICER DATED |
| Exhibit R3(h) | TRUE COPY OF THE DATED 26.08.2020. |
LETTER NO. 1613/2020 |
| Exhibit R3(i) | TRUE COPY OF THE DDD/KER/392/2021- |
LETTER NO. C2 DATED 10.02.2021. |
| Exhibit R3(j) | TRUE COPY OF THE 09.10.2020. |
LETTER DATED |
| Exhibit R3(k) | TRUE COPY OF THE 18.11.2020. |
LETTER DATED |
| Exhibit R3(l) | TRUE COPY OF THE DATED 15.04.2021. |
GO(P) NO. 15/2021/DD |
| Exhibit R5(a) | TRUE COPY OF THE NO.6068/2016. |
WRIT PETITION |
| Exhibit R5(b) | TRUE COPY OF THE | COUNTER AFFIDAVIT IN |
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WPC 6068 OF 2016 DATED 29.04.2016.
Exhibit R5(c) TRUE COPY OF THE JUDGMENT DATED 26.08.2016 IN WPC 6068 OF 2016.
MOOLATHARA KSHEEROLPADAKA CO-OPERATIVE SOCIETY LIMITED
THE MANAGING COMMITTEE, THE MOOLATHARA KSHEEROLPADAKA SAHAKARANA SANGHAM LIMTED
THE GOVERNMENT OF KERALA
THE DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT
THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT
THE KARAPPUTHURAIKKAD KSHEEROLPADAKA SAHAKARANA SANGHAM
P.B. SURESH KUMAR
C.S. SUDHA
As recorded by the court registry
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