High Court of KeralaWP(C)/31945/2014disposed of

Stephen v. Irumbil Dairy Producers Co-Operative Society Ltd.

2015-01-15Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 31945 of 2014 (P) ---------------------------- PETITIONER:

-------------------- STEPHEN, S/O.CHELLAPPAN, SHEENA BHAVAN, VAZHUTHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.P.V.BABY RESPONDENTS:-:

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

1. IRUMBIL DAIRY PRODUCERS CO-OPERATIVE SOCIETY LTD.NO.T.189(D), ABCOS, NEYYATTINKARA, TRIVANDRUM DISTRICT REPRESENTED BY SECRETARY - 695 121.

2. DAIRY DEVELOPMENT OFFICER, ATHIYANOOR, NEYYATTINKARA, TRIVANDRUM DISTRICT - 695 121.

3. DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, OFFICE OF THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT DEPARTMENT , TRIVANDRUM - 695 001.

Addl.4. T.BINU, AGED 34 YEARS, S/O.THANKAPPAN, B.S.BHAVAN, THAVARAVILA, ARUVIPPURAM P.O.

Addl.5. RAJU, AGED 66 YEARS, S/O.YOVEN, R.G.SADANAM, KUNNATHUKONAM IRUMBIL, ARUVIPPURAM PO.

ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 16.12.2014 IN IA 16824/2014.

R4-R5 BY ADV. SRI.R.T.PRADEEP R1 BY ADV. SRI.T.K.ANANDA KRISHNAN BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31945 of 2014 (P) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TURE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE BYELAW OF THE 1ST RESPONDENT SOCIETY CONTAINING CLAUSE 1 AND 3. EXHIBIT P2 A TRUE PHOTOSTAT COPY OF THE SALE DEED NO.1285/2012 DATED 07.06.2012 O THE SRO NEYYATTINKARA.

EXHIBIT P3 A TRUE PHOTOSTAT COPY OF THE ENCUMBRANCE CERTIFICATE DATED 23.10.2014 ISSUED BY THE OFFICE OF THE SRO, NEYYATTINKARA. EXHIBIT P4 A TRUE PHOTOSTAT COPY OF THE NOTICE DATED 15.11.2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 31945 OF 2014 ------------------------------------ Dated this the 15th day of January, 2015

JUDGMENT

It is reported that a final order has been passed pursuant to Ext.P4 notice disqualifying the petitioner from being a member of the first respondent Society. The said order of disqualification is very much appealable under Section 83(1)(j) of the Kerala Cooperative Societies Act, 1969. 2.

The petitioner is also free to apply for interim reliefs in the appeal if any filed against the order of disqualification. The order of disqualification shall be enforced only after a period of three weeks to enable the petitioner to work out his statutory remedy if so desired.

Needless to say that respondents additionally impleaded as R4 and R5 in this writ petition shall also be made parties to the appeal if any filed. The writ petition challenging Ext.P4 notice has now become infructuous in view of the subsequent developments.

WP(C) No. 31945/2014 4.

The order of disqualification if not hitherto been dispatched shall be served on the petitioner and also on additional respondents 4 and 5 on usual terms. The Writ Petition is disposed of. No costs.

V. CHITAMBARESH JUDGE ncd