Disposed

Janatha Charitable Society v. State of Kerala

Kerala HC31 May 2022WP(C)/17624/2022

Case brief

AI extract

What is this about?

Petitioner society sought direction to extend dairy benefits to its members, arguing against discriminatory reservation for cooperative societies. Court disposed of petition by directing first respondent to consider representation after hearing, within two months.

What did the court decide?

Direction to first respondent to consider Ext.P4 representation after hearing petitioner's representative within two months.

Janatha Charitable Society Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17624 OF 2022

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PETITIONER/S:

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JANATHA CHARITABLE SOCIETY
VELLUR, PAYYANNUR, REGD.NO.5.127/82
KANNUR DISTRICT – 670307,
REPRESENTED BY ITS SECRETARY
BY ADVS.
M.SASINDRAN
S.SHYAM KUMAR

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RESPONDENT/S:

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1 STATE OF KERALA – REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695001 2 THE DIRECTOR

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DAIRY DEVELOPMENT DEPARTMENT, PATTOM,
THIRUVANANTHAPURAM – 695001

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3 THE DISTRICT COLLECTOR, KANNUR DISTRICT, PIN – 670 002

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OTHER PRESENT:

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GOVERNMENT PLEADER, P.S.APPU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17624 OF 2022

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JUDGMENT Dated this the 31^st day of May, 2022

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The petitioner is a Society registered under the

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Societies Registration Act XXI of 1860. According to the petitioner, around 3000 dairy farmers, living in and around Payyannur Municipality, are members of the Society. Presently the Society is distributing 40,000 litres of Milk, 4500 litres of Curd and 500 litres of ghee in Kannur and Kasaragod Districts.

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The petitioner is aggrieved by the Government orders, confining subsidy and other benefits to dairy farmers, who are members of Dairy Co-operative Societies alone. Petitioner contends that the benefits should be extended to its members also and there cannot be any discrimination among dairy farmers on the basis of their membership in a co-operative society and a society like the petitioner.

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Pointing out these aspects and seeking appropriate directions, the petitioner has filed Ext.P4

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WP(C) NO. 17624 OF 2022

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3

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representation before the first respondent, addressed to the Hon’ble Minister, LSGD. The petitioner seeks a direction to consider Ext.P4 representation expeditiously.

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Considering the limited relief sought, the Writ Petition is disposed of directing consideration of Ext.P4 representation by the first respondent after affording an opportunity of hearing to the petitioner’s authorised representative. The order as directed above shall be passed within an outer limit of two months from the date of receipt of a copy of this judgment. To effectuate proper consideration of the representation, petitioner should produce a copy of this writ petition before the first respondent, along with certified copy of the judgment.

Sd/-

V.G.ARUN

JUDGE

RK

WP(C) NO. 17624 OF 2022

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APPENDIX OF WP(C) 17624/2022

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE BYE LAW OF THE JANATHA
CHARITABLE SOCIETY
EXHIBIT P2TRUE COPY OF THE RELEVANT PORTION OF
G.O.(MS) No.80/2017/LSGD DATED
03.04.2017 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3TRUE COPY OF THE ORDER NO. G.O.(MS)
No.54/2019/LSGD DATED 25.05.2019 ISSUED
BY THE 1ST RESPONDENT
EXHIBIT P4TRUE COPY OF THE REPRESENTATION DATED
27.12.2021 SUBMITTED BEFORE THE
MINISTER OF STATE FOR LOCAL SELF
GOVERNMENT
EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED
16.11.2021 IIN W.P.(C) No.31086 OF 2019

Janatha Charitable Society v. State of Kerala

Case brief

What is this about?

What did the court decide?

Janatha Charitable Society v. State of Kerala

Case brief

What is this about?

What did the court decide?

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