IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES TUESDAY, THE 28TH NOVEMBER 2006 / 7TH AGRAHAYANA 1928 WP(C).No. 31483 of 2006(W) -------------------------- PETITIONER: ------------ 1. T.K. MATHACHAN, S/O. KURIAN, THENGUMTHOTTATHIL HOUSE, BOARD MEMBER, PALLIVASAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD NO.157 (D), KALLAR, VATTAYAR P.O., ADIMALI. 2. M.M. RAHIM, S/O. MUHAMMED, MURIKKATTIL HOUSE, BOARD MEMBER, PALLIVASAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD.NO.157(D), KALLAR, VATTAYAR P.O., ADIMALI. 3. N.V. RAIJU, S/O. VARKEY, NEDUMGATTU HOUSE, BOARD MEMBER, PALLIVASAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD.NO.157(D), KALLAR, VATTAYAR P.O., ADIMALI. BY ADV. SRI.P.P.JACOB SRI.B.MANIMOHAN SRI.N.T.SATHYAVAN RESPONDENTS: ------------- 1. THE DAIRY EXTENSION OFFICER, ADIMALI, IDUKKI DISTRICT. 2. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, THODUPUZHA POST, IDUKKI DISTRICT. 3. PALLIVASAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD.NO.157(D), KALLAR, VATTAYAR P.O., ADIMALI, REPRESENTED BY ITS SECRETARY. BY SENIOR GOVERNMENT PLEADER, SRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31483 of 2006 (W) - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of November, 2006 J U D G M E N T The writ petitioners pray for quashing Exhibit P15, through which they were disqualified from being the Board of Directors of the third respondent Society under Rule 44(3) of the Kerala Co-operative Societies Rules, 1969, in short the Rules, because of the conditions contained in Rule 44(1)(j) of the Rules. 2. The counsel for the writ petitioners submits that the writ petitioners are in possession of the properties where they allow the cattle to graze and, they also supply milk to the third respondent Society. Because of the non issuance of the pattayam and the non issuance of the possession certificate by the Revenue Officials of the area, they are unable to produce the same before the concerned authority and get the required orders. The counsel also brought to my notice the judgment dated 15/01/1997 in O.P.No.835/1997 and also the order dated 28/09/2006 in R.P.No.839/2006 in W.P.(C) No.25026/2006. W.P.(C) No.31483/2006 (W) 2 3. When any member is disqualified under Rule 44 (3), the same would be appealed under Section 83(1)(j) of the Kerala Co-operative Societies Act, 1969. Therefore, the writ petition is not a remedy. 4. However, the learned counsel for the writ petitioners submits that a direction may be given to the Government to pass an order, after considering the materials that may be produced by the writ petitioners, before the Government, and also for a direction to the concerned Revenue Officer to inspect the property and find out the physical position of the same. 5. Without expressing any opinion on the merits of the matter, I direct the writ petitioners to file an appeal, as per the provisions of the Act and Rules before the Government, within two weeks from today. Exhibit P15 order dated 17/11/2006, shall be kept in abeyance for a period of three weeks from today. The writ petition is closed as above. (J.M.JAMES) Judge ms