High Court of KeralaWP(C)/2806/2015disposed of

Kodamthuruth Ksheerolpadaka Sahakarana Sangham Ltd. v. Deputy Director, Dairy Development Department

2015-02-23Honourable Mr.Justice V.Chitambaresh5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 ----------------------------------------- PETITIONER:

-------------------------- KODAMTHURUTH KSHEEROLPADAKA SAHAKARANA SANGHAM LTD. NO.A285(D) APCOS, REPRESENTED BY ITS PRESIDENT KODAMTHURUTH, KUTHIATHODE P.O., PIN- 688 533 BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.SAJU JOHN SMT.L.ANNAPOORNA RESPONDENTS:

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

1. DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT ALAPPUZHA, PIN - 688 001

2. SMITHA S., W/O.BAIJU, KURAVAMPURATH, KODAMTHURUTH, KUTHIATHODE P.O., PIN - 688 533

3. REMYAPRIYA R., SNEHASSERRY, OLAVAIPU P.O., ALAPPUZHA DISTRICT, PIN - 688 526 R1 BY GOVERNMENT PLEADER SRI. T. R. RAJESH R2 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE CIRCULAR NO.H-16350/94 DATED 24.04.1998 P2TRUE COPY OF THE ORDER NO.E/542/2014 DATED 15.3.2014 P3TRUE COPY OF THE NOTIFICATION IN THE 'DESHABHIMANI' DAILY DATED 30.10.2014 P4TRUE COPY OF THE JUDGMENT DATED 12.1.2015 IN WP(C) NO.30150/2014-P OF THIS HONOURABLE COURT P5TRUE COPY OF THE APPOINTMENT ORDER OF SMT.AMBILI M P6TRUE COPY OF THE APPOINTMENT ORDER OF SRI.JAYESH T. P7TRUE COPY OF THE JOINING REPORT OF THE SMT.AMBILI M AS SECRETARY P8TRUE COPY OF THE JOINING REPORT OF SRI.JAYESH T. AS PROCUREMENT ASSISTANT P9TRUE COPY OF THE ORDER NO.C/2524/13 DATED 21.1.2015 OF THE 1ST RESPONDENT P10TRUE COPY OF THE ORDER DATED 21.1.2015 OF THE PRESIDENT OF THE SOCIETY P11TRUE COPY OF THE REPRESENTATION DATED 12.11.

2013 OF THE 2ND RESPONDENT P12TRUE COPY OF THE LETTER DATED 22.1.2015 SENT TO THE 1ST RESPONDENT BY THE PRESIDENT OF THE SOCIETY RESPONDENT(S)' EXHIBITS:- --------------------------------------- R2(a) A TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MANAGING COMMITTEE MEETING OF THE PETITIONER SOCIETY HELD ON 15.07.2012, CONTAINING RESOLUTION NO. 2 R2(b) A TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MANAGING COMMITTEE MEETING OF THE PETITIONER SOCIETY HELD ON 09.09.2013, CONTAINING RESOLUTION NO.

------------------------------------ R2(c) A TRUE COPY OF THE RELEVANT PAGES OF THE MUSTER ROLL OF THE PETITIONER SOCIETY R2(d) A TRUE COPY OF THE RELEVANT PAGES OF THE ACQUITTANCE REGISTER OF THE PETITIONER SOCIETY R2(e) A TRUE COPY OF THE COMPLAINT FILE BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DATED 21.01.2015 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 2806 OF 2015 ---------------------------------------- Dated this the 23rd day of February, 2015

JUDGMENT

Ext. P10 decision of the petitioner society could not have been cancelled behind its back by the first respondent. This is so even if the power under Rule 176 of the Kerala Co-operative Societies Rules, 1969 is invoked. The petitioner society has not been heard before the first respondent issued Ext. P9 order in the instant case. Ext. P9 order is passed in violation of the principles of natural justice and hence I quash the same. 2.

The first respondent can reconsider the issue with notice to the petitioner as well as respondents 2 and 3. The question whether the second respondent was a permanent appointee whose services can be terminated only after disciplinary action shall be probed into. Similarly the case as to whether the present incumbent was appointed at a time when her husband was in the Managing Committee shall be gone into. Also the impact of the pendency of the arbitration dispute pending before the Co-operative Arbitration Court shall be adverted to.

W.P.(C). NO. 2806 OF 2015 2 3.

Needless to say that the present appointee by name Ambili M. shall also be put on notice and heard in the exercise. Fresh orders shall be passed within a period of one month from the date of production of a copy of this judgment. It is clarified that the jurisdiction of the first respondent can also be questioned by the petitioner society at the time of hearing. The petitioner society shall be permitted to operate the bank accounts as before till orders are passed anew by the first respondent.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE