IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH JULY 2007 / 19TH ASHADHA 1929 WA.No. 113 of 2004(B) ------------------------------- AGAINST THE JUDGEMENT IN OP.14367/2003 Dated 29/09/2003 .................... APPELLANT/PETITIONER ------------------------------------ VAZHIKKADAVU TOWN KSHEEROLPADAKA SAHAKARANA SANGHAM LTD. NO.M.660 (APCOS) VAZHIKKADAVU P.O., MALAPPURAM DISTRICT, REP. BY ITS PRESIDENT, VINAYACHANDRAN.V. BY ADV. SRI.K.RAMAKUMAR RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DAIRY DEPARTMENT, THIRUVANANTHAPURAM 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (DAIRY), THIRUVANANTHAPURAM. 3. THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION (MILMA), REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM 4. MOTHER DAIRY FOODS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, PATPARGANJ, DELHI. 5. THE MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD.NO.D 89 (D) PERINGALAM, KOZHIKODE. 6. THE NATIONAL CO-OPERATIVE DAIRY FEDERATION OF INDIA LTD., ANAND 388 001, GUJARAT, REPRESENTED BY ITS CHAIRMAN. R1 & R2 BY SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA R3 & R5 BY ADV.SRI.K.ANAND SRI.B.S.KRISHNAN (SR.) SRI.M.PATHROSE MATHAI SRI.SAJI VARGHESE SMT.LATHA KRISHNAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.T.SANKARAN, J. ------------------------------------------ W.A.No.113 of 2004 ------------------------------------------ Dated, this the 10th day of July, 2007 JUDGMENT H.L.Dattu, C.J. Appellant is a milk society registered under the provisions of the Kerala Co-operative Societies Act. The 5th respondent is also a milk co-operative society. The appellant and the 5th respondent are affiliated members of the third respondent Milk Marketing Federation (MILMA). The third respondent had entered into an arrangement with the 4th respondent in so far as marketing rights are concerned. Aggrieved by the said action, the appellant society was before this Court in O.P.No.14367 of 2003. In the original petition the appellant did not succeed. That is how they are before us in this appeal. 2. Mr.K.Anand, learned counsel appearing for respondents 3 and 5 in the appeal would inform us that the arrangement that was done by the 5th respondent with the 4th respondent was only for a period of one year and since that has expired the relief sought in the writ petition as well as in the writ appeal would not survive for consideration of this Court. 3. We do not doubt the assertion made by Sri.Anand, learned counsel appearing for respondents 3 and 5. Therefore, in our opinion, as on today the relief sought for by the appellant in this writ appeal would not survive for consideration of this Court. Accordingly the writ appeal is disposed of as having become unnecessary. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.T.SANKARAN) JUDGE vns