R.Sadasivan Pillai v. The Deputy Director Of Diary Development

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 328 of 2015 (M) -------------------------- PETITIONER:

------------------- R.SADASIVAN PILLAI, SINI NILAYAM, PADINJATTAMKIZHAKKU, SOORANAD NORTH P.O., KOLLAM (MEMBER, KALEEKKATHARA KSHEEROLPADAKA SAHAKARANA SANGHAM, LIMITED NO. Q 89(D), APCOS SOORANAD NORTH P. O., KOLLAM - 690 561.

BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS:

------------------------

1. THE DEPUTY DIRECTOR OF DIARY DEVELOPMENT, OFFICE OF THE DEPUTY DIRECTOR OF DIARY DEVELOPMENT , KOLLAM-691 001.

2. THE KALEEKKATHARA KSHEEROLPADAKA SAHAKARANA SANGHAM, LTD NO. Q 89(D), APCOS, SOORANAD NORTH P.O., KOLLAM - 690 561, REPRESENTED BY ITS SECRETARY

3. THE DAIRY DEVELOPMENT OFFICER, SASTHAMCOTTA, PORUVAZHY P.O., KOLLAM - 690 520.

BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 328 of 2015 (M) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :- TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT EXHIBIT P2 :- TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER, THROUGH REGISTERED POST EXHIBIT P3 :- TRUE COPY OF THE ELECTION NOTIFICATION EXHIBIT P4 :- TRUE COPY OF THE CERTIFICATE ISSUED BY THE SOCIETY EXHIBIT P5 :- TRUE COPY OF THE CERTIFIATE ISSUED BY THE SOCEITY EXHIBIT P6 :- TRUE COPY OF THE ORDER ISSUED THE IST RESPONDENT DTD 1/2/2014 EXHIBIT P7 :- TRUE COPY OF THE JUDGMENT IN WPC NO 4557 OF 2014 DTD 24/3/2014 EXHIBIT P8 :- TRUE COPY OF THE WRITTEN SUBMISSION MADE BY SRI C DIVAKARAN EXHIBIT P9 :- TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT EXHIBIT P10 :- TRUE COPY OF THE DETAILED EXPLANATION WAS SUBMITTED BY THE PETITIONER EXHIBIT P11 :- TRUE COPY OF THE NOTICE DTD 4/9/2014 EXHIBIT P12 :- TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER EXHIBIT P13 :- TRUE COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DTD 22/11/2014 RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 328 OF 2015 ------------------------------------ Dated this the 7th day of January, 2015

JUDGMENT

Ext.P13 order disqualifying the petitioner from being a member of the Board of Directors of the second respondent Society under Rule 44 of the Kerala Co-operative Societies Rules is impugned. The allegation is that the petitioner did not own milching cows and that he did not supply the requisite quantity of milk to the Society as warranted by its bye-laws. 2.

These are disputed questions of fact which can be gone into in an appeal as provided under Section 83(1)(j) of the Kerala Co-operative Societies Act. The question whether the petitioner has a subsisting disqualification or not can also been gone into in this statutory appeal.

3.

I do not think that the writ jurisdiction of this court could be invoked to adjudicate these factual aspects and render a finding on one way or the other. I grant the petitioner time till 31.01.2015 to file an appeal to the government on the specific request made by his counsel.

WP(C) No. 328/2015 The Writ Petition is dismissed without prejudice to the right of the petitioner to invoke the effective alternate remedy provided as per law.

V. CHITAMBARESH JUDGE ncd