IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WA.No. 2465 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36887/2008 Dated 15/12/2008 .................... APPELLANT(S): RESPONDENT IN WPC: ----------------------------------------------------------- THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, KANNUR. BY GOVERNMENT PLEADER SMT. K.MEERA RESPONDENT(S): PETITIONER IN THE WPC: --------------------------------------------------------------------- THE MANAGING COMMITTEE OF CHANDANAKKAMPARA KSHEEROLPADAKA SAHAKARANA SANGHAM LTD., CHANDANAKKAMPARA, KANNUR, REP. BY THE PRESIDENT ABRAHAM MARIPPURATH. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.CJ & THOMAS P.JOSEPH, J. ================================ W.A.No.2465 of 2008 =============================== Dated this the 19th day of December, 2008. J U D G M E N T KOSHY, Ag.CJ. This writ appeal is filed against the interim order passed by the learned Single Judge. It is the contention of the appellant that only a show cause notice was issued under section 61 of the KCS Act. According to the writ petitioners, it was issued without following the mandatory procedure with a malafide intention of superceding the committee to prevent them from voting in the election of the Malabar Regional Co-operative Union which is scheduled on 31.12.2008. It is also submitted that, if the committee is superceded on the eve of the election to the Co- operative union without giving any time to challenge the order, the matter will become infructuous and the malafide purpose of issuing notice will be achieved. After considering the allegations in his show cause notice and reply and rival contentions, we are of the opinion that no grounds are made out to interfere in the interim order. It is for the appellant to take steps to vacate the stay order before the learned Single Judge itself. Since stay was W.A.No.2465 of 2008 2 granted only for three months, we are not inclined to interfere in the interim order. Appellant may approach the learned Single Judge for disposal of the writ petition itself, as expeditiously as possible. Writ appeal is disposed of as above. J.B.KOSHY, ACTING CHIEF JUSTICE THOMAS P.JOSEPH, JUDGE bkn/-