IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37517 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. PADMANABHA KURUP N., S/O.NARAYANAN KUNJU, AGED 65 YEARS, MANAMPURAM, KARUMADY P.O., AMBALAPPUZHA, ALAPPUZHA DISTRICT. 2. A.RAMACHANDRAN NAIR, S/O.AYYAPPAN PILLAI, AGED 63 YEARS, KADATHUPUTHEN VEETIL, KARUMADY P.O., AMBALAPPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM - 01. 2. KARUMADY MILK PRODUCERS CO-OP.SOCIETY A 122 (D)/APCOS KARUMADY P.O., AMBALAPPUZHA, ALAPPUZHA, REPRESENTED BY ITS SECRETARY IN CHARGE - 688564. 3. THE PRESIDENT, KARUMADY MILK PRODUCERS CO-OP.SOCIETY A 122 (D)/APCOS KARUMADY P.O., AMBALAPPUZHA, ALAPPUZHA - 688564. 4. THE SECRETARY, KARUMADY MILK PRODUCERS CO-OP.SOCIETY A 122 (D)/APCOS KARUMADY P.O., AMBALAPPUZHA, ALAPPUZHA, REPRESENTED BY ITS SECRETARY IN CHARGE - 688564. BY G.P.SRI.BASANT BALAJI FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONS ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.37517 of 2010 ---------------------------- Dated 20th December, 2010 JUDGMENT The petitioners are the managing committee members of the second respondent society. According to the petitioners, Ext.P10 resolution has been passed by the managing committee without notice to all the members of the committee. That apart, according to them, the selection process for the purpose of effecting recruitment to the post of Secretary of the second respondent society has been initiated against the provisions of the bye-law of the second respondent, the relevant circulars issued by the Registrar and also against the relevant provisions under the Kerala Co-operative Societies Act and the Rules. In short, evidently, the grievance of the petitioners is against Ext.P10 resolution on the ground that it has been passed without notice to them and in violation of the bye-law, the relevant circulars and the Kerala Co-operative Societies Act and the Rules. It is further submitted that based on Ext.P10 the second respondent has issued Ext.P6 notification calling applications for appointment to the post of Secretary of the second respondent society. I am of the considered view that in case the petitioner is aggrieved by Ext.P10 resolution and the consequential issuance of notification as per Ext.P6, the petitioner has to approach the competent authority in terms WP(C).No.37517/2010 2 of Rule 176 of the Kerala Co-operative Societies Rules to rescind Ext.P10 resolution. Therefore, this writ petition is disposed of reserving the right of the petitioners to challenge Ext.P10 resolution in accordance with the provisions under Rule 176 of the Kerala Co-operative Societies Rules. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge