IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34251 of 2008(C) -------------------------- PETITIONER(S): --------------- 1. E.A.RAMACHANDRAN, AGED 48 YEARS, S/O.ARUMUGHAN, EENJAKADAVIL HOUSE, P.O.PAZHAVOOR, THAYYOOR-680584. 2. A.M.KRISHNAN, AGED 51 YEARS,S/O.MANALAN, AMMADATHU VEEDU,P.O.PAZHAVOOR, THAYYOOR-680584. 3. ROY ANTO, AGED 35 YEARS, S/O.ANTONY, ADAPPILLY VEEDU, P.O.PAZHAVOOR, THAYYOOR-680 584. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL SRI.M.R.DHANIL RESPONDENT(S): --------------- 1. THAYYOOR KSHEEROLPADAKA SAHAKARANA SANGHAM LTD NO.R-210(D),APPKKOS, P.O.THAYYOOR- 680584, REPRESENTED BY SECRETARY. 2. DEPUTY DIRECTOR OF DIARY DEVELOPMENT, P.O.CHEMBAKKAVU, THRISSUR-20. R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34251 OF 2008 ------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT Notice to the first respondent is dispensed with having regard to the nature of the order being issued hereunder, preserving its right to move for review of his judgment, if aggrieved. Learned Government Pleader appears for the second respondent Ext.P1 is a notice dated 6.10.2008 calling upon the petitioner to appear on 29.10.2008 to show cause against the action proposed in terms of Rule 44 (3) of the Kerala Co0opreative societies Rules, 1969. The allegation appears to be that the petitioners have not measured milk in terms of certain provisions of the byelaws. Similar provisions in byelaws had gained attention of this Court to be noticed as clauses which are made in the interest of the society and to ensure appropriate participation of the members. The petitioners appear to contend that they have valid grounds in opposition to the allegation in WPC.34251/08 Page numbers Ext.P1 and that they have reasons also to demonstrate in support of any ground that may be put against them. Under such circumstances, without expressing anything on merits, this writ petition is ordered directing that if proceedings on the basis of Ext.P1 has not yet been concluded, the petitioners will be given adequate opportunity of hearing and a decision will be taken after adverting to and considering the objections that may be placed by the petitioners, and on final decision being issued, after hearing them, they will not be considered as disqualified to participate in the meetings. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.