IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 26776 of 2009(N) -------------------------- PETITIONER(S): --------------- SATHYANESAN, AGED 55 YEARS, S/O.YAGAPPAN NADAR, SATHYA BHAVAN, VENKADAMBU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE DIRECTOR, DIRECTORATE OF DAIRY DEVELOPMENT, DEPARTMENT OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, DEPARTMENT OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM. 3. POOZHIKUNNU MILK PRODUCERS CO-OP. SOCIETY LTD. NO.T-31(B) APCOS, REP. BY ITS SECRETARY IN CHARGE. 4. JERALD, PRESIDENT, MANAGING COMMITTEE, POOZHIKUNNU MILK PRODUCERS CO-OP. SOCIETY LTD. NO.T.31(B)APCOS. ADV. SRI.P.K.SURESH KUMAR FOR R3 & 4 SMT.P.JAYALAKSHMI FOR R3 & 4 G.P. SHRI.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.26776 of 2009 ================== Dated this the 7th day of October, 2009 J U D G M E N T The petitioner is a member of the 3rd respondent society. The society adopted a resolution to make appointment to the post of Secretary. The petitioner alleges that the President of the society is determined to select a person of his choice. According to the petitioner, a meeting of the managing committee was convened on 6.9.2009 without notice to the petitioner and other two members, and adopted a resolution authorising the President to conduct written examination by an examiner of his choice. The petitioner and the other two members challenged the resolution under Rule 176 of the Kerala Co-operative Societies Rules, before the 2nd respondent. The petitioner has filed this writ petition for a direction not to conduct the written examination before the 2nd respondent considers the petition under Rule 176. 2. The 3rd respondent appears through counsel and submits that since the grievance of the petitioner is regarding want of notice for the meeting in which the resolution was adopted, the society is prepared to convene another meeting with notice to the petitioner and all other managing committee members for the purpose. It is also submitted that the written test was not conducted in view of this writ petition and the written test would be conducted only after a fresh resolution is adopted. This is recorded and the writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2