IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 2936 of 2007(Y) ------------------------------------- PETITIONER: ------------------- AJAYAKUMAR T.A., AGED 43 YEARS, S/O.APPUKUTTAN NAIR, VADAMANA VEEDU, MARAMPILLY P.O., VAZHAKULAM VILLAGE. BY ADVS. SRI.K.SUNILKUMAR, SMT.SUMEEDA. M.S. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, KAKKANAD. 4. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY, KUNNATHUNADU CIRCLE UNION, PERUMBAVOOR. 5. THE SECRETARY, MANJAPPETTY MILK PRODUCERS CO-OPERATIVE SOCIETY, MANJAPPETTY, MARAMPILLY. R1 TO R4 BY GOVT. PLEADER SRI. ANTONY MUKKATH, R5 BY ADV. SRI.SREELAL N.WARRIER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2936/2007-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 17/07/2006 ISSUED BY R.5. EXT.P.2: COPY OF THE PETITION DTD. 31/07/2006 FILED BY PETITIONER. EXT.P.3: COPY OF THE PETITION DTD. 18/08/2006 FILED BY THE PETITIONER BEFORE THE R.4. RESPONDENTS' EXHIBITS: EXT.R5 (1): COPY OF THE BYE LAW OF THE R.5 SOCIETY. EXT.R5.(2): COPY OF THE CIRCULAR ISSUED BY R.3. TO THE R.5. EXT.R5.(3): COPY OF THE MINUTES BOOK. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 2936 of 2007 ================== Dated this the 13th day of July, 2011 J U D G M E N T The petitioner is a member of the 5th respondent society. The business of the society is collecting milk from its members and selling the same to the co-operative society, popularly known as MILMA. While so, the 5th respondent society issued Ext.P1 notice dated 17.7.2006 intimating the petitioner that if the petitioner does not measure milk within 90 days from the date of the notice in accordance with the decision of the meeting of the general body conducted on 6.7.2006 adopting the directions in circular No.15423/2003 dated 15.2.2003 of the Director of the Dairy Development Department, the petitioner's membership would be cancelled. Although the petitioner has filed Ext.P3 representation in this regard before the 4th respondent, the same was not considered. According to the petitioner, there is no provision either in the Kerala Co-operative Society Act or the bye-laws of the society to remove a member from the membership for not measuring milk. 2. A counter affidavit is filed by the society, wherein the stand taken is that as per clause 3.3.(b)(iii) of R5(1) bye-laws of the society, the same is permissible. Further, as per the direction of Ext.R5(2) circular of the 3rd respondent, the membership of inactive members should be cancelled. 2 3. I have considered the rival contentions in detail. 4. Clause 3.3.(b)(iii)of Ext.R5(1) does not authorise removal of a member, who does not measure milk for 180 days, from the membership of the society. The same only says that such members would be entitled to only bonus, dividend and seeds at concessional price and will not be entitled to participate in the general body meeting, voting in the meeting or to contest in the election to the governing body of the society. Of course, in Ext.R5(2) circular, which has not been challenged by the petitioner, some directions have been issued in respect of such members. In the above circumstances, I am of opinion that it is only appropriate that the 3rd respondent considers Ext.P3 petition and passes orders thereon expeditiously. 5. Accordingly, this writ petition is disposed of with the following directions: The 4th respondent shall forward Ext.P3 representation of the petitioner to the 3rd respondent within two weeks from the date of receipt of a copy of this judgment. The 3rd respondent shall consider and pass orders on Ext.P3 after affording an opportunity of being heard to the petitioner as well as the 5th respondent society, as expeditiously as possible, at any rate, within two months from the date of receipt of Ext.P3 representation from the 4th respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3