IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 23802 of 2009(U) ---------------------------------------- PETITIONER(S): ------------------------ ARAKUZHA KSHEEROLPADAKA SAHAKARANA SANGHOM LTD.NO.E-91(D), APCOS, ARAKUZHA P.O., MUVATTUPUZHA REPRESENTED BY ITS PRESIDENT PIOUS GEORGE. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE (DAIRY), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, OFFICE OF THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, KAKANADU, ERNAKULAM DISTRICT. 3. THE PERINGUZHA KSHEEROLPADAKA SAHAKARANA SANGHOM, LTD.NO.E 92(D) APCOS, PERINGUZHA, MUVATTUPUZHA, REPRESENTED BY ITS PRESIDENT/SECRETARY. R1 & R2 BY GOVT. PLEADER MR.K.S. MUHAMMED HASHIM. R3 BY ADV. SRI.T.RAJESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23802/2009-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF BYELAW OF SOCIETY. EXT.P2: COPY OF THE ROUGH SKETCH OF THE LOCALITY. EXT.P3: COPY OF THE ORDER DATED 17/10/2008 ISSUED BY 2ND RESPONDENT. EXT.P4: COPY OF THE APPEAL FILED BY THE PETITIONER. EXT.P5: COPY OF THE NOTICE DATED 20/02/2009 ISSUED BY THE FIRST RESPONDENT. EXT.P6: COPY OF THE STAY ORDER DATED 21/03/2009. EXT.P7: COPY OF THE ORDER DATED 24/07/2009. EXT.P8: COPY OF THE CERTIFICATE FROM PANCHAYATH. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 23802 OF 2009 U ----------------------------------------------------------- Dated this the 20th July, 2010. JUDGMENT The petitioner is a milk producers society. The petitioner started milk collection centre at a place called Kannangadi in a building owned by the Arakuzha Panchayath within the area of operation of the petitioner. The third respondent, a neighbouring society raised complaints before the second respondent against the petitioner and sought for shifting of the collection centre to some other place. The request of the third respondent was granted by the second respondent, according to the petitioner, in gross violation of the law. Aggrieved by the said proceedings, the petitioner preferred Ext.P4, a statutory appeal before the first respondent under Section 83(1)(j) of the Co-operative Societies Act, 1969. The appeal was taken on file and an order of stay was also granted by the first respondent. However, without hearing the petitioner, the appeal was dismissed as per Ext.P7 order. According to the petitioner, the action of the first respondent in dismissing the appeal without hearing the petitioner is without any justification. WPC 23802/2009 2 2. The counsel for the third respondent submits that only the President of the third respondent was heard before passing Ext.P7. Since the petitioner was not heard before passing Ext.P7, the said order cannot be sustained. The learned senior Govt. Pleader Mr.Muhammed Hashim also is not able to point out anything to show that the petitioner was heard before Ext.P7 order was passed. 3. In the above circumstances this writ petition is allowed. Ext.P7 is set aside. The first respondent is directed to consider and dispose of the appeal filed by the petitioner evidenced herein by Ext.P4 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner as well as the third respondent. K. SURENDRA MOHAN Judge jj WPC 23802/2009 3