IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 WP(C).No. 1414 of 2011(B) -------------------------------- PETITIONER(S): ------------------- MANIYAN NADAR,AGED 59 YEARS, S/O.KUNJUKRISHNAN NADAR, PUTHUVAL PUTHENVEEDU, KULATHOOR, VENKADAMPU P.O., THIRUVANANTHAPURAM DISTRICT BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): -------------------- 1. DEPUTY DIRECTOR, DEPARTMENT OF DIARY DEVELOPMENT, O/O.DEPUTY DIRECTOROF DIARY DEVELOPMENT PATTOM,THIRUVANANTHAPURAM - 695 001. 2. POOZHIKKUNNU MILK PRODUCERS, CO-OPERATIVE SOCIETY NO.T31(D)APCOS, REP.BY ITS SECRETARY,POOZHIKKUNNU MILK PRODUCERS CO-OPERATIVE SOCIETY NO.T31(D)APCOS, POOZHIKKUNNU - 695 121. 3. SECRETARY, MILK PRODUCERS CO-OPERATIVE SOCIETY NO.T 31 (D)APCOS POOZHIKKUNNU - 690 121 R1 BY GOVT.PLEADER SRI.T.B.HOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 1414/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS DATED 20/07/2000 OF THE 1ST RESPONDENT. P2: COPY OF THE REPRESENTATION DATED 02/09/2010 BEFORE THE 2ND RESPONDENT. P3: COPY OF THE REPRESENTATION DATED 16/11/2010 SEEKING REMOVAL OF MEMBERS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs V.K.MOHANAN, J. ------------------------------- W.P.(C)No.1414 of 2011 ------------------------------- Dated this the 10th day of May, 2011. J U D G M E N T The petitioner who is a member of 2nd respondent Society preferred this writ petition with the following prayers :- 1. To issue a writ of mandamus or any other appropriate writ, order or direction to respondents to take a decision on Exhibits P2 and P3 within such time fixed by this Honourable Court. 2. To issue a writ of mandamus or any other appropriate writ, order or direction to respondents to withhold the conduct of election to the managing committee of 2nd respondent till a decision is taken on Exhibits P2 and P3. 3. To issue other writ, order or direction as this Honourable Court deem fit and proper. 2. Learned counsel for the petitioner submitted that, respondents are taking hasty steps to conduct election on the basis of roll, which contain ineligible persons as members and if the election is allowed to go on with the said roll, it will adversely affect the interest of the Society and the members as well. 3. On the other hand, learned Government Pleader on instruction submitted that the Deputy Director-the 1st respondent has already considered Ext.P3 representation preferred by the 2 W.P.(C)No.1414 of 2011 petitioner and the concerned Society has already been directed to remove the ineligible persons from the membership. In support of the above submission, learned Government Pleader made available to me a copy of the communication bearing No.D/3239/2010 of the Deputy Director, Thiruvananthapuram. According to me, on the basis of the above submission of the learned Government Pleader, this writ petition can be disposed of. In the result, this writ petition is disposed of directing respondents 2 and 3 to comply with the direction issued by the 1st respondent in accordance with the law and procedure and to complete the proceedings, as expeditiously as possible, at any rate within 3 months from the date of receipt of a copy of this judgment, which will be produced by the petitioner and the proceedings shall be conducted and final decision shall be taken after affording an opportunity of hearing to all parties concerned. V.K.MOHANAN, Judge ami/