IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25143 of 2009(K) -------------------------- PETITIONER(S): ------------------ PATTOM COLONY KSHEEROLPADHAKA CO-OPERATIVE SOCIETY LTD.NO.K.13(D) APCOS, REPRESENTED BY ITS SECRETARY, PAMPADUMPARA PANCHAYATH, UDUMBANCHOLA TALUK, KALLAR P.O, IDUKKI DT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): ------------------- 1. THE DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, MINI CIVIL STATION, THODUPUZHA, IDUKKI DT. 3. DAIRY EXTENSION OFFICER, OFFICE OF the DAIRY EXTENSION OFFICE, NEDUMKANDAM, IDUKKI DT. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 25143 OF 2009 (K) ===================== Dated this the 28th day of August, 2009 J U D G M E N T Petitioner challenges Ext.P4, an order issued by the 2nd respondent conveying their decision to permit incorporation of a new society within the existing area of operation of the petitioner society, which will result in reduction of its area of operation. 2. Since the statutory remedy provided under Section 83 of the Kerala Co-operative Societies Act is available to the petitioner, it is only appropriate that the petitioner pursues that remedy. However, in order to enable the petitioner to avail of the appellate remedy and obtain such interlocutory orders as they deem fit for safeguarding their interests, I dispose of this writ petition with the following directions: (1) That it will be open to the petitioner to pursue the statutory appellate remedy within one month from today, in which event, the same shall be considered and dealt with by the appellate authority. (2) It is also directed that in the meanwhile, it will be open to the petitioner to seek such appropriate interlocutory orders as WPC 25143/09 :2 : they deem fit to safeguard their interest. (3) In order to enable the petitioner to obtain orders as above, it is directed that further proceedings pursuant to Ext.P4 shall be kept in abeyance for a period of four weeks from today. (4) Petitioner to produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Rp