IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 23929 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. VENGA MILK PRODUCERS CO-OP. SOCIETY LTD. NO. Q-271 (D) APCOS, VENGA P.O., SASTHAMKOTTA, REP. BY ITS PRESIDENT SRI.R.MADHAVAN PILLAI. 2. EDAVANASSERY MILK PRODUCERS CO-OP. SOCIETY LTD. NO. Q-260(D) APCOS, VENGA P.O., SASTHAMKOTTA, REP. BY ITS PRESIDENT SRI.C.N.SUKUMARAN. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DIARY DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, ANDAMUKKOM, KOLLAM. 3. THE DAIRY EXTENSION OFFICER, DAIRY DEVELOPMENT DEPARTMENT, DAIRY EXTENSION SERVICE UNIT, KARUNAGAPPALLY. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23929 of 2009 --------------------------------- Dated, this the 21st day of August, 2009 J U D G M E N T The petitioners state that by Ext.P1 communication issued by the 3rd respondent, they have been informed that a new society is proposed to be incorporated in ward Nos.8 & 9 of Mynagappally Panchayat, and as this was within their area of operation, that their views in the matter were called for. It is stated that, accordingly by Exts.P2 & P3, they have conveyed their views objecting to the proposal. It is stated that a final decision has not so far been taken, and their prayer is that before a final decision is taken, the views conveyed by them as per Exts.P2 & P3 should also be considered and that they should also be given an opportunity to make their submissions in the matter. 2. As is evident from Ext.P1, the petitioners were called upon to convey their views, to the 3rd respondent. It was in pursuance to that communication that Exts.P2 & P3 were given. In such circumstances, it is only appropriate that before a final WP(C) No.23929/2009 -2- decision is taken, Exts.P2 & P3 are considered and petitioners are given an opportunity to submit their views in the matter. 3. Therefore, I dispose of the writ petition directing the 3rd respondent to consider Exts.P2 & P3, and give an opportunity of hearing to the petitioners before a final decision on the proposal mentioned in Ext.P1 is taken. 4. The petitioners shall produce a copy of this judgment, along with a copy of this writ petition before the 3rd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg