IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 RP.No. 640 of 2011(B) --------------------- (WPC NO.1414 OF 2011 OF THIS HON'BLE COURT) .................... REVIEW PETITIONER: ------------------------------ THE ADMINISTRTIVE COMMITTEE OF THE POOZHIKUNNU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. NO.T.31 D APCOS, REPRESENTED BY ITS CHAIRMAN, M. JERAD. POOZHIKUNNU, UCHAKADA P.O., THIRUVANANTHAPURAM - PIN-695 121. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS -------------------- 1. MANIYAN NADAR, S/O. KUNJUKRISHNAN NADAR, PUTHUVAL PUTHENVEEDU, KULATHOOR, VENKADAMPU P.O., THIRUVANANTHAPURAM DISTRICT 695 504. 2. THE DEPUTY DIRECTOR DEPARTMENT OF DIARY DEVELOPMENT, OFFICE OF THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, PATTOM, THIRUVANATHAPRUAM DISTRCT 695 504. 3. THE POOZHIKUNNU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., NO. T.31 D APCOS, REPRESENTED BY ITS SECRETARY, POOOZHIKUNNU, UCHAKADA P.O., THIRUVANANTHAPURAM PIN 695 121. 4. THE SECRETARY, POOZHIKUNNU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. NO.T.31 D APCOS POOZHIKNNU, UCHAKADA P.O. THIRUVANANTHAPURAM - PIN 695 121. R1 BY ADV. SRI NAGRAJ NARAYANAN R1 R2 BY G.P. SRI P.A. SALIM. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- R.P. No. 640 of 2011 in W.P(C) No.1414 OF 2011 ---------------------------------------- Dated the Ist day of September, 2011 ORDER This Court, by order dated 22.8.2011 in I.A.No.488 of 2011, granted leave in favour of the petitioner in I.A.No.514/2011, to file the preset Review Petition, who was not a party in the above writ petition . 2. While disposing the above writ petition, by judgment dated 10.5.2011, in W.P(C) No.1414 of 2011, this court recorded the submission made by the learned Government Pleader in the light of the communication bearing No.D/3239/2010 of the Deputy Director, Thiruvananthapuram, respondent Nos. 2 and 3 were directed to comply with the direction issued by the Ist respondent in the communication referred to above and to expedite the proceedings in accordance with the law and procedure, within 3 months from the date of receipt of copy of the judgment. It is thereafter, the petitioner herein approached this Court for review of the above judgment of this Court. The R.P.640/11 2 apprehension of the review petitioner is that, under the guise of the judgment of this Court, the Secretary of the Society is likely to interfere with the powers of the administrative committee and by usurping the powers of the administrative committee, he is likely to complete the proceedings as directed by the Ist respondent. 3. By virtue of Section 16 of the Kerala co-operative Societies Act, 1969, the powers , right and responsibility for the enrolment of eligible members in any society is primarily vested with the elected committee under section 28 of the Kerala Co-operative Societies Act. But in the case of removal of ineligible members, that power is to be exercised by the competent authority upon which the administration is vested with, i.e., either an elected committee or an administrative committee as the case may be. In the present case, the Ist respondent, as per the communication bearing No.D/3239/2010, has directed respondent Nos. 2 and 3 to comply with the direction contained therein. The direction issued by this Court as per the above judgment is to be complied with by respondents 2 and 3. In present case, as there is no elected committee, the R.P.640/11 3 administration is carried out by the Administrative committee and therefore the direction issued by this court as well as the Ist respondent has to be compiled with by the Administrative committee of the 2nd respondents society and the role of the 3rd respondent is to carry out the clerical and other executive steps on the basis of the decision that may be taken by the 2nd respondent in terms of the direction issued by the Ist respondent. That being the position, there is no scope for any review of the judgment dated 10.5.2011 in WPC No.1414 of 2011. Subject to the above observation, this Review petition is closed. V.K.MOHANAN, JUDGE KVM/- R.P.640/11 4