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High Court of KeralaWP(C)/30163/2012disposed of

The Erumamunda Ksheerolpadaka Sahakarana Sangham v. The Director, Dairy Development Department

2015-01-30Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 30163 of 2012 (U) ---------------------------- PETITIONERS:

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1. THE ERUMAMUNDA KSHEEROLPADAKA SAHAKARANA SANGHAM LTD. NO. M. 91 (D), ERUMAMUNDA P.O.

NILAMBUR TALUK, MALAPPURAM DISTRICT REPRESENTED BY ITS SECRETARY

2. THE SECRETARY, ERUMAMUNDA KSHEEROLPADAKA SAHAKARANA SANGHAM LTD. NO M 91(D), ERUMAMUNDA P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT.

BY ADVS.SRI.P.SAMSUDIN SMT.NIMA JACOB RESPONDENTS:

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1. THE DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT THIRUVANANTHAPURAM 695 001

2. DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, MALAPPURAM 676 505.

3. DAIRY EXTENSION OFFICER, NILAMBUR 679329, MALAPPURAM DISTRICT.

4. THE ADYANPARA KSHEEROLPADAKA SAHAKARANA SANTGHAM LTD NO M 256(D), MUTTIYEL, ERUMAMUNDA P.O. 679 334, NILAMBUR TALUK MALAPPURAM DISTRICT .

5. THE PRESIDENT, ADYANPARA KSHEEROLPADAKA SAHAKARANA SANGHAM LTD NO. M 256(D), MUTTIYEL , ERUMAMUNDA P.O. 679 334, NILAMBUR TALUK MALAPPURAM DISTRICT .

6. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM 695 001 BY SPECIAL GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 30163/2012 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE RELEVANT EXTRACT OF THE BYE LAW OF THE PETITIONER SOCIETY EXT.P2 TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING OF THE SOCIETY HELD ON 29-10-2011 EXT.P3 TRUE COPY OF THE COMPLAINT DATED 14-03-2012 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P4 TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY THE 2ND PETITIONER AND THE RPESIDENT OF THE SOCIETY TO THE 1ST RESPONDENT.

EXT.P5 TRUE COPY OF THE QUESTIONNAIRE ANS THE ANSWARE GIVEN BY THE 2ND RESPONDENT UNDER THE RTI ACT EXT.P6 TRUE COPY OF THE MILK COLLECTION REPORT IN THE MAIN CENTER OF PETITIONER SOCIETY AT ERUMAMUNDA.

EXT.P7 TRUE COPY OF THE COMMUNICATION DATED 24.07.2013 ISSUED BY THE 2ND RESPONDENT EXT.P8 TRUE COPY OF THE INFORMATION GIVEN UNDER RI ACT EXT.P9 TRUE COPY OF THE REGISTRATION CERTIFICATED ISSUED TO THE 4TH RESPONDENT RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 30163 OF 2012 ------------------------------------ Dated this the 30th day of January, 2015

JUDGMENT

The allegation is that the area of operation of the petitioner Society and that of the fourth respondent Society overlaps. The petitioner therefore challenges the registration granted to the fourth respondent Society in this writ petition. 2.

My attention was drawn to Section 7(1)(c) of the Kerala Co-operative Societies Act. Reliance is also placed on Karassery Service Co-operative Bank Vs. Mokkam Service Co-Operative Bank [2007 (1) KLT 555].

3.

It is for the petitioner to move the second respondent in this regard by a representation. Any representation filed within one month from today shall be dealt with by the second respondent within one month thereafter. Needless to say that the petitioner as well as the fourth respondent Society shall be put on notice and heard.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd