IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29208 of 2011(A) ------------------------------------ PETITIONER(S): ----------------------- R.SUDARSANAN, PRESIDENT (UNDER ORDERS OF DISQUALIFICATION), OTTOOR MILK PRODUCERS CO-OP. SOCIETY, LTD. NO. T 228 (D), MANAMBOOR P.O., THIRUVANANTHAPURAM-695611. BY ADVS. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI RESPONDENT(S): ------------------------ 1. DEPUTY DIRECTOR, OFFICE OF THE DIRECTOR DIARY DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. OTTOOR MILK PRODUCERS CO-OP. SOCIETY, LTD. NO. T 228(D), REP. BY ITS SECRETARY, MANAMBOOR P.O., THIRUVANANTHAPURAM-695611. 3. OTTOOR PRADEEP, PADIKKUMAMBHUZHA HOUSE, MOONGODU P.O., PIN-695144, THIRUVANANTHAPURAM. 4. PRINCIPAL SECRETARY, DIARY AND ANIMAL HUSBANDARY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. BY GOVT.PLEADER SRI.G.GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.29208/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 COPY OF THE RELEVANT PAGE OF THE REGISTER OF THE 2ND RESPONDENT SOCIETY TO ISSUE IDENTITY CARD. EXT.P2 COPY OF THE IDENTITY CARD WAS ISSUED BY THE WELFARE BOARD TO THE PETITIONER. EXT.P3 COPY OF THE COMMITTEE DECISION DATED 9/5/08. EXT.P4 COPY OF THE LEDGER OF THE BONUS PAID TO THE PETITIONER. EXT.P5 COPY OF THE NOTICE DATED 25/11/07 ISSUED WITH COPY OF THE ACKNOWLEDGEMENT OF THE PETITIONER. EXT.P6 COPY OF THE VOTERS LIST. EXT.P7 COPY OF THE BALLOT PAPER. EXT.P8 COPY OF THE COMPLAINT DATED 25/1/2011 FILED BEFORE THE IST RESPONDENT. EXT.P9 COPY OF THE REPLY FURNISHED BY THE 2ND RESPONDENT. EXT.P10 COPY OF THE NOTICE DATED 19/8/2011 ISSUED BY THE FIRST RESPONDENT. EXT.P11 COPY OF THE ORDER DATED 22/9/11. EXT.P12 COPY OF THE BYE LAW. EXT.P13 COPY OF THE JUDGEMENT DATED 3/10/2011 IN WPC.26011/11. EXT.P14 COPY OF THE APPEAL BEFORE THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29208 of 2011 ----------------------------------------- Dated this the 3rd day of November, 2011 JUDGMENT The petitioner is a member of the second respondent co- operative society. He was also the President of the Managing Committee of the second respondent society. By Ext.P11 order passed on 22.9.2011 he and another member of the second respondent society were disqualified under rule 44 of the Kerala Co-operative Societies Rules. Aggrieved thereby he filed W.P.(C) No.26011 of 2011 in this Court. By Ext.P13 judgment delivered on 3.10.2011 a learned single Judge of this Court declined to interfere with Ext.P11 on the ground that the petitioner has an effective alternate remedy by way of appeal before the Government. The writ petition was accordingly disposed of reserving liberty with the petitioner to move the Government in appeal and in order to enable him to move the Government in appeal the order impugned in the writ petition was kept in abeyance for one month. 2. As directed by this Court, the petitioner moved the W.P(C).No.29208 of 2011 -:2:- Government by filing Ext.P14 appeal dated 12.10.2011. This writ petition is filed seeking a direction to the Government to dispose of Ext.P14 appeal expeditiously. The petitioner also seeks an order keeping Ext.P11 in abeyance until such time as Ext.P14 appeal is heard and disposed of. 3. The petitioner was disqualified from being a member of the Managing Committee of the second respondent society holding that he is not a member of the society. The petitioner has in Ext.P14 appeal stated that he was enrolled as a member of the Society in the year 2006, that an identity card was thereafter issued to him in terms of rule 16A of the Kerala Co-operative Societies Rules and that as a member of the society he was elected to the Managing Committee and as its President in the elections held on 9.6.2010. The order of disqualification is passed on the basis that the name of the member to whom membership No.164 was allotted is Sri.Sathyapalan, who was enrolled as a member pursuant to the decision taken by the Managing Committee on 31.5.1993, but in the membership register now maintained, the petitioner is shown as member No.164. As the W.P(C).No.29208 of 2011 -:3:- disqualification is on the short ground that the petitioner is not a member of the society it is only desirable that the appeal filed by the petitioner from Ext.P11 is heard and disposed of expeditiously as otherwise the appellate remedy will be rendered illusory and meaningless. I am also of the opinion that having regard to the nature of the dispute raised by the petitioner and the fact that even going by Ext.P11 the name of the petitioner appears in the membership register, the operation of Ext.P11 should be kept in abeyance till such time as the appeal is heard and disposed of. I accordingly dispose of the writ petition with a direction to the Government to dispose of Ext.P14 appeal, if the same has been received and is pending, expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition, complete in all aspects, before the 4th respondent. Needless to say the Government shall afford all the parties to the appeal an opportunity of being heard. The Government shall, after orders are passed, communicate copies thereof to all the parties simultaneously. I also direct that until such time as W.P(C).No.29208 of 2011 -:4:- Ext.P14 appeal is heard and disposed of, the operation of Ext.P11 shall stand stayed. The Committee headed by the petitioner shall not however, make any appointments or take major policy decisions until the appeal is heard and disposed of. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29208 of 2011 ---------------------------- JUDGMENT 3rd November, 2011