Appeal against the order in W.P.(C) 6891/2022, which directed the Registrar to consider objections before disqualifying members from office. This court found no infirmity in that decision and dismissed the appeal.
Writ Appeal No.331 of 2022 was dismissed.
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
WEDNESDAY, THE 9TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943
WA NO. 331 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 6891/2022 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 AJEESH K.K AGED 30 YEARS COMMITTEE MEMBER , KOODARANHI KSHEEROLPADAKA SAHAKARANA SANGAM LTD NO. 1887 (D0 (APCOS) KOODARANHI P.O 673 604, KOZHIKODE DISTRICT S/O. KRISHNANKUTTY, AGED 30 YEARS, KARIYAMTHUMKUZHY HOUSE, KOODARANHI, P.O MANJAKADAVU, KOZHIKODE DISTRICT
2 A.V SAJINI COMMITTEE MEMBER , KOODARANHI KSHEEROLPADAKA SAHAKARANA SANGAM LTD NO. 1887 (D) (APCOS) KOODARANHI P.O 673 604, KOZHIKODE DISTRICT S/O.RESIDING AT AMABALAKANDI HOUSE, KOODARANHI P.O, KOZHIKODE DISTRICT 673 604
3 PIOUS JOSEPH COMMITTEE MEMBER , KOODARANHI KSHEEROLPADAKA SAHAKARANA SANGAM LTD NO. 1887 (D0 (APCOS) KOODARANHI P.O 673 604, KOZHIKODE DISTRICT RESIDING AT THEYYATHUPARAMBIL HOUSE, KOODARANHI P.O, KOZHIKODE DISTRICT 673 604
BY ADV P.V.BABY
RESPONDENTS/RESPONDENTS:
1 KOODARANHI KSHEEROLPADAKA SAHAKARANA SANGAM LTD NO. 1887(D) (APCOS), KOODARANHI P.O 673 604, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY
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W.A.No.331 of 2022
BY ADV.SRI.T.K.VIPINDAS, SR.GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.A.No.331 of 2022
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
Writ Appeal No.331 of 2022
Dated this the 9th day of March, 2022
J U D G M E N T
P.B.Suresh Kumar, J.
This appeal is directed against the judgment dated 02.03.2022 in W.P.(C) No.6891 of 2022. The appellants were the petitioners in the writ petition.
W.A.No.331 of 2022 4
Societies, for disqualification of the appellants invoking Rule 44(3) of the Rules. Ext.P2 is the notice issued by the second respondent in this regard. The ground for disqualification made mention of in Ext.P2 notice is that the appellants have not supplied milk to the Society as members of its Managing Committee, as provided for in the bye-laws of the Society. The case of the appellants is that the allegation against them is incorrect. Exts.P3 to P5 are the objections submitted by the appellants to the second respondent in response to Ext.P2 notice. After having submitted Exts.P3 to P5 objections, the appellants have approached this Court in the writ petition alleging that they apprehend that a decision will be taken disqualifying them from holding office as members of the Managing Committee without considering their objections.
W.A.No.331 of 2022
5
appellants without considering their objections. The appellants
are aggrieved by the said decision and hence this appeal.
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W.A.No.331 of 2022
the appellants an opportunity of hearing. There is, therefore, no infirmity in the decision of the learned Single Judge.
The writ appeal, in the circumstances, is dismissed.
Sd/P.B.SURESH KUMAR, JUDGE.
Sd/C.S.SUDHA, JUDGE.
YKB
2 issues framed by the court
Whether the High Court Single Judge erred in directing the second respondent to consider objections before passing orders on disqualification.
Whether the writ appeal against that decision has any merit.
Ajeesh K.K. and Others
Koodaranhi Ksheerolpadaka Sahakarana Sangam Ltd
Deputy Director Dairy Development Department
Manumon P.A
P.B. SURESH KUMAR
C.S. SUDHA
As recorded by the court registry
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