IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 24275 of 2008(M) --------------------------------------- PETITIONER: ------------------- ARUNODAYA KSHEERA VYAVASAYA CO-OPERATIVE SOCOETY LTD.NO.4118, REP.BY ITS SECRETARY, BALARAMAPURAM PO., THIRUVANANTHAPURAM. BY ADV. SRI.P.N.MOHANAN. RESPONDENTS: ------------------------ 1. DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, TRIVANDRUM. 2. DEPUTY DIRECTOR, (DIARY), DISTRICT OFFICE, PATTAM, THIRUVANANTHAPURAM. 3. PUTHICHAL SHEEROLPADAKA CO -OPERATIVE SOCIETY, ANTHIYOOR, BALARAMAPURAM, TRIVANDRUM, REP. BY PROMOTER MR. SUNIL KUMAR.S., MAVARAMTHOTTATHU HOUSE , WARD NO.11, KOTTUKALKONAM, ANTHIYOOR, KATTACHALKUZHI PO., TRIVANDRUM-1. R1 & R2 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.24275 Of 2008-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of August, 2008. JUDGMENT Learned counsel for the petitioner states that notwithstanding the specific direction contained in Ext.P6 judgment, the impugned order has been issued without considering the question whether there is any objectionable overlapping and therefore, the impugned order is totally arbitrary and unsustainable and even amounts to an affront on the face of this Court. The quality of exercising administrative power depends upon the persons who are bestowed with the authority. However, a case of total non- application of mind and failure to exercise necessary authority to consider objections as to overlapping in terms of Section 7(1)(c) of the Kerala Co-operative Societies Act, 1969 is a WP(C)24275/2008 -: 2 :- matter that can be easily carried by way of an appeal or revision, as the case may be, before the competent superior authorities in terms of that Act, including the Government. With the availability of such an alternate remedy which the petitioner can pursue for a full-fledged consideration of its objections, I deem it appropriate that the petitioner stands relegated to that course. Hence, this writ petition is dismissed without prejudice to and leaving open all other contentions. If the petitioner files appropriate appeal or revision and seeks interim relief, such application will be considered by the appropriate authority at the earliest. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120808