IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 4433 of 2011(D) ------------------------- PETITIONER(S): ----------------------- THE MANAGING COMMITTEE OF WALAYAR CO-OPERATIVE MILK SOCIETY P-100(D) (APCOS), WALAYAR, PALAKKAD DISTRICT, REPRESENTED BY ITS PRESIDENT ARUCHAMI. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------ 1. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT PALAKKAD-678001. *ADDL.R2. R.CHINNADURAI, S/O.C.R.RAJU, SANJEEV HOUSE, CHANDRAPURAM, WALAYAR, PALAKKAD ADDL.R3. ARUMUGHAM, S/O.P.NATARAJ GOWNDER, AGED 41 YEARS, PAMBUPARAKALAM, WALAYAR, PALAKKAD ADDL.R4. S.NATARAJ, S/O.SUBBAIAH GOWNDER, AGED 55 YEARS, PRECOT-C, PATHINALAMKALLU THOTTAM, WALAYAR, PALAKKAD ADDL.R5. VIJAYAKUMAR, S/O.ARUCHAMY, AGED 31 YEARS, WALAYAR DAM ROAD, PALAKKAD ADDL.R6. RATNASWAMY, S/O.MURUKESHA GOUNDER, AGED 53 YEARS, CHANDRAPURAM, WALAYAR, PALAKKAD ADDL.R7. D.KUMAR, S/O.DHANAM, AGED 40 YEARS, 416/8, CHANDRAPURAM, WALAYAR, PALAKKAD WP(C).No. 4433 of 2011 ADDL.R8. N.MOHANDAS, S/O.NACHIMUTHU, AGED 43 YEARS, SARAVANA GOUNDER, THOTTAM, CHANDRAPURAM, WALAYAR, PALAKKAD ADDL.R9. P.CHANDRASEKHAR, S/O.PAZHANI SWAMY, AGED 40 YEARS, CHANDRAPURAM, WALAYAR, PALAKKAD ADDL.R10. N.JANAPRAKASAM, S/O.GURUSWAMY, AGED 43 YEARS, PAMPUPARA, WALAYAR, PALAKKAD ADDL.R11. VELLINGIRI, S/O.AYYA GOUNDER, CHANDRAPURAM WALAYAR, PALAKKAD ADV. SRI.T.V.GEORGE FOR ADDL.R2-11 GOVERNMENT PLEADER SRI.K.RAMESH FOR R1 *ADDL.R2 TO R11 ARE IMPLEADED AS PER ORDER DATED 04.03.2011 IN I.A.NO.3171 /2011 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 4433 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE NOTICE NO.C-4124/09 DATED 13.01.2011 RESPONDENTS' EXHIBITS:- EXT.R2(a):- COPY OF PETITION FILED BY THE CHAIRMAN OF THE DISCIPLINARY COMMITTEE (A.XAVIER) ON 11.10.2010 BEFORE THE 1ST RESPONDENT EXT.R2(b):- COPY OF PETITION DATED 10.12.2010 BEFORE THE 1ST RESPONDENT PREFERRED BY SRI.MAHALINGAM EXT.R2(c)1:- COPY OF INVITATION CARD OF THE MARRIAGE ON 05.04.09 EXT.R2(c)2:- COPY OF INVITATION CARD OF THE MARRIAGE ON 29.06.09 EXT.R2(c)3:- COPY OF INVITATION CARD OF THE GENERAL MEETING OF KONDULAR GOWDER COMMUNITY ON 26.1.10 EXT.R2(c)4:- COPY OF INVITATION CARD OF THE MARRIAGE ON 11.4.2010 EXT.R2(c)5:- COPY OF INVITATION CARD OF THE MARRIAGE ON 12.04.2010 EXT.R2(c)6:- COPY OF INVITATION CARD OF THE HOLY COMMISSION ON 16.5.2010 EXT.R2(c)7:- COPY OF INVITATION CARD OF THE MARRIAGE ON 24.5.2010 EXT.R2(c)8:- COPY OF INVITATION CARD OF THE MARRIAGE ON 30.5.2010 EXT.R2(c)9:- COPY OF INVITATION CARD OF THE MARRIAGE ON 12.9.10 EXT.R2(c)10:-COPY OF INVITATION CARD OF THE MARRIAGE ON 29.09.10 EXT.R2(c)11:-COPY OF INVITATION CARD OF THE FAMILY FUNCTION ON 12.12.10 EXT.R2(c)12:-COPY OF INVITATION CARD OF THE MARRIAGE ON 20.1.11 WP(C).No. 4433 of 2011 EXT.R1(a):- COPY OF THE MINUTES OF THE SUB COMMITTEE MEETINGS CONDUCTED ON 8.10.09 AND 9.10.09 EXT.R1(b):- COPY OF THE STATEMENT DTD 11.10.2010 EXT.R1(c):- COPY OF THE STATEMENT DTD 10.12.2010 EXT.R1(d):- COPY OF THE STATEMENT DTD 10.1.2011 //TRUE COPY// P.A TO JUDGE dmb C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ------------------------------------------------------ W.P.(C)No. 4433 OF 2011 --------------------------------------------- Dated this the 7th day of July, 2011 J U D G M E N T Ramachandran Nair, J. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the first respondent and the learned counsel appearing for the additional respondents impleaded in the writ petition. Notice is issued by the Registrar under Section 32 of the Kerala Co-operative Societies Act alleging irregularities against the members of the managing committee, Secretary and a staff member. During hearing, the learned counsel appearing for the petitioner contended that irregularities if any noticed by the first respondent, were committed by the previous committee. We are unable to appreciate this contention because the managing committee, which took charge on 01.03.2009, obviously failed to find out the irregularities committed by the previous committee. It is for the petitioners to point out the irregularities committed W.P.(C)No. 4433 OF 2011 2 by the previous managing committee as well, while replying to the show cause notice. It is for the first respondent to take action against all involved in irregularities, whether the present members or the previous committee members in accordance with law. We do not find any justification to interdict enquiry initiated under Section 32 of the Kerala Co-operative Societies Act. 2. The writ petition is disposed of leaving it open to the petitioners to raise objections before the first respondent and substantiate their claim. We specifically direct the first respondent to conduct an enquiry in respect of irregularities if any committed during the period of previous committee and if found true, issue notice to the individual members and proceed against them as well. The first respondent can simultaneously conduct enquiry against the present committee members and the Secretary also and proceed to take appropriate action. There will be also a direction to the first respondent to verify the nature of allegation against the Secretary and since he is an executive officer and if his continuation is not desirable, the first W.P.(C)No. 4433 OF 2011 3 respondent shall take immediate action against him after notice to him. C.N.RAMACHANDRAN NAIR, JUDGE P.S.GOPINATHAN, JUDGE dmb