IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 30712 of 2009(H) --------------------------------------- PETITIONER(S): ----------------------- 1. ARUMUGHAM, S/O.P.NATARAJ GOWNDER, AGED 41 YEARS, PAMBUPARAKALAM, WALAYAR, PALAKKAD. 2. S. NATARAJ, S/O.SUBBAIAH GOWNDER, AGED 55 YEARS, PRECOT-C, PATHINALAMKALLU THOTTAM, WALAYAR, PALAKKAD. 3. VIJAYAKUMAR, S/O.ARUCHAMY, AGED 31 YEARS WALAYAR DAM, PALAKKAD. 4. RATNASWAMY, S/O.MURUKESHA COUNDER, AGED 53 YEARS, CHANDRAPURAM, WALAYAR. 5. D. KUMAR, S/O.DHANAM, AGED 40 YEARS, 416/8, CHANDRAPURAM, WALAYAR, PALAKKAD. 6. N. MOHANDAS, S/O.NACHIMUTHU, AGED 43 YEARS, SARAVANA GOWUNDER THOTTAM, WALAYAR DAM, PALAKKAD. 7. P. CHANDRASEKHAR, S/O.PAZHANI SWAMY, AGED 40 YEARS, CHANDRAPURAM, WALAYAR. 8. NJANAPREKASAM, S/O.GURUSWAMY, AGED 43 YEARS, PAMPAUPURA, WALAYAR, PALAKKAD. 9. VELLINGIRI, S/O.AYYA GOWNDER, CHANDRAPURAM, WALAYAR. BY ADV. MR.T.V.GEORGE, MR.JIMMY GEORGE (THADATHIL). RESPONDENT(S): ------------------------- 1. WALAYAR CO-OPERATIVE MILK SOCIETY LTD. NO.P-100(D) (APCOS), REPRESENTED BY ITS SECRETARY, WALAYAR, PALAKKAD. 2. THE DEPUTY DIRECTOR (REGISTRAR) DIARY DEVELOPMENT DEPARTMENT, DISTRICT OFFICE, PALAKKAD. WP(C).No. 30712 of 2009(H) 3. ARUCHAMI, PRESIDENT, WALAYAR CO-OPERATIVE MILK SOCIETY LTD., WALAYAR, PALAKKAD. 4. K. SURESH, SECRETARY,WALAYAR CO-OPERATIVE MILK SOCIETY, WALAYAR, PALAKKAD. 5. SHEIKH DAVOOD, (MILK TESTER AND SALES MAN) WALAYAR CO-OPERATIVE MILK SOCIETY LTD., WALAYAR, PALAKKAD. R2 BY SR. GOVERNMENT PLEADER MR.K.S. MOHAMMED HASHIM. R1, R3 & R4 BY ADV. MR.RAJESH SIVARAMANKUTTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30712 of 2009(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 21/09/2009 BEFORE THE RESPONDENTS 3 AND 4. EXT.P2: COPY OF THE REPRESENTATION DATED 30/09/2009 BEFORE THE 2ND RESPONDENT BY THE 3RD PETITIONER. EXT.P3: COPY OF THE REPRESENTATION DATED 18/10/2009 PREFERRED BEFORE THE 3RD RESPONDENT. EXT.P4: COPY OF THE MASS REPRESENTATION DATED 29/09/2009 BEFORE THE 2ND RESPONDENT BY THE PETITIONERS HEREIN. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.30712 of 2009 ---------------------------- Dated 15th January, 2010 JUDGMENT Heard Sri.T.V.George, the learned counsel appearing for the petitioners, Sri.Rajesh Sivaramankutty, the learned counsel appearing for respondents 1, 3 and 4 and Sri.K.S.Mohammed Hashim, the learned Senior Government Pleader appearing for the second respondent. 2. The petitioners are members of the first respondent society. The main grievance voiced by the petitioners in this writ petition is that respondents 4 and 5 who are employees of the first respondent society have misappropriated funds, manipulated accounts, tampered with records and committed forgery of documents. Pointing out these and other aspects the third petitioner has filed Ext.P2 representation and the petitioners along with others have submitted Ext.P4 representation before the second respondent. The grievance voiced by the petitioners is that till date no action has been taken on these representations. In this writ petition, the petitioners inter alia seek a direction to the second respondent to consider Exts.P2 and P4 representations and to take a decision in the matter at the earliest. WP(C).No.30712/2009 2 3. The learned counsel appearing for respondents 1, 3 and 4 submits that the fourth respondent has not committed any act of misconduct or forgery or misappropriation of funds as alleged by the petitioners. The learned counsel submits that in such circumstances, no orders are called for on Exts.P2 and P4 representations. The learned Government Pleader appearing for the second respondent submits that as the petitioners who are members of the first respondent society have levelled allegations of misappropriation of funds and tampering of records, the second respondent will consider the same and take a decision thereon at the earliest. In such circumstances, I dispose of this writ petition with a direction to the second respondent to consider the grievance voiced by the petitioners in Exts.P2 and P4 representations and take an appropriate decision in the matter after notice to and affording one among the petitioners whom they may nominate as their representative and respondents 1,3,4 and 5 and others who are found to be involved or connected with the allegations levelled in Exts.P2 and P4 representations, a reasonable opportunity of being heard. The second respondent shall take a final decision in the matter and pass appropriate orders expeditiously and in any event within six months WP(C).No.30712/2009 3 from the date on which the petitioners produce a certified copy of this judgment before him. P.N.RAVINDRAN Judge TKS