IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929 WP(C).No. 30578 of 2007(M) -------------------------- PETITIONER: ------------ CHANDRASEKHARAN PILLAI,S/O MADHAVAN PILLAI, S/O MADHAVAN PILLAI, AGED 74 YEARS, (MEMBER NO.108,ANCHAL KSHEEROLPATHAKA SAHAKARANA S ANGHAM NO.Q 48 (D) ASWATHY BHAVAN, PANAYANCHERRY, ANCHAL P.O., KOLLAM 691 306. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE (DAIRY), THIRUVANANTHAPURAM. 2. SRI.V.HARISANKAR, DEPUTY DIRECTOR, OFFICE OF THE KSHEERA VIKASANA DEPUTY DIRECTOR, KOLLAM DISTRICT, KOLLAM. 3. ANCHAL KSHEEROLPATHAKA SAHAKARAN SANGHAM LTD. NO.Q.48-(D),REP.BY ITS SECRETARY. 4. SRI.PRABAKARAN PILLAI, S/O. GOPALA PILLAI, CHAMAKALA VEEDU, PANAYANCHERRY, ANCHAL P.O., PIN - 691 306, KOLLAM. 5. S.RAJAN, RENJU BHAVAN, HREEPLACHERRY P.O., TROLICODU,PUNALUR. 6. LATHIKA DEVI, RESHMI BHAVAN, ERAM, THADIKKADU P.O., ANCHAL. WPC30578/2007 - 2 - 7. P.SUDHAKARAN NAIR, THEKKEKARA PUTHEN VEEDU (MEMBER NOTED AS 380 PLACE NOT ENTERED IN THE COPY OF THE LIST), ANCHAL KSHEEROLPATHAKA SAHAKARAN SANGHAM Q -48 (D). 8. K.SOMARAJAN NAIR, S/O KESAVAN PILLAI, CHAITHANYA, ERAM, THADIKKADU P.O., ANCHAL. 9. THE REGISTRAR OF CO-OPERATIVE SOCIETY, KOLLAM DISTRICT, KOLLAM. R1 & R9 BY GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.30578 of 2007-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of October, 2007. JUDGMENT This writ petition is filed complaining that further action has not followed on Ext.P8. 2. WP(C).34598/2006 is filed challenging the very same order which is Ext.P7 in that case. The said writ petition has been admitted and the following order has been issued on 29-12-2006: “Admit. Urgent Notice. The 1st respondent to file an affidavit/statement stating whether Ext.P7 order has been passed after issuing notice to the petitioners. Post after two weeks. If there is any proposal to supersede the Committee under Section 32 of the Kerala Co- WP(C)30578/2007 -: 2 :- operative Societies Act, the same shall be done only after issuing notice to the Board Members and also considering their objections. The direction in Ext.P7 shall not be taken as a binding direction in the matter. In other words, the 2nd respondent should be satisfied on the materials before him that action under Section 32 is warranted.” This writ petition is disposed of directing that further steps on the basis of Ext.P8 could be followed up, subject to what is stated in the interim order dated 29-12-2006 in WP(C).34598/2006, as quoted above. It is also directed that further action on the basis of Ext.P8 as regulated by the interim order dated 29-12-2006 in WP(C).34598/2006 shall be completed within an outer limit of three months from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/