IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WA.No. 1383 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.12275/2010 Dated 07/04/2010 .................... APPELLANT/4TH RESPONDENT: ---------------------------------- MARANALLOOR KSHEERA VYVASAYA SAHAKARANA SANGHOM LTD.NO.3994, MARANALALOOR KUVALASSERY P.O., THIRUVANANTHAPURAM - 695512, (PAYATTU VILA VEEDU, VELIYANCODE, KOOVALASSERY P.O THIRUVANANTHAPURAM) BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 & 5 TO 9: ---------------------------------------------------------------------- 1. D. GOPINATHAN, S/O. LATE DASAN NADAR, AMRUTHALAYAM, VELIYANCODE P.O., MARANALLOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN-695 512, (PAYATTU VILA VEEDU, VELIYANCODE, KOOVALASSERY P.O., THIRUVANANTHAPURAM.) 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-1. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM.-01 4. THE JOINT REGISTRAR OF CO-OPEATIVE SOCIETIES (GENRAL), THIRUVANANTHAPURAM-01. 5. DEPUTY DIRECTOR, DIRECTORATE OF DAIRY DEVELOPMENT THIRUVANANTHAPURAM -01. WA.No. 1383 of 2010 6. THE DIRECTOR, DEPARTMENT OF DAIRY DEVELOPMENT, PATTOM, THIRUVANANTHAPURAM-01. 7. N.BHASURANGAN, PRESIDENT, MARANALLOOR KSHEERA VYVASAYA SAHAKARANA SANGHOM LTD. NO.3994, MARANALLOOR, KUVALASSERY P.O. THIRUVANANTHAPURAM -12. 8. P.RAJASEKHARAN NAIR, VICE PRESIDENT, MARANALLOR, KSHEERA VYVASAYA SAHAKARAN GANGHOM LTD., NO.3994,MARANALLOOR, KUVALASSERY P.O.,THIRUVANANTHAPURAM - 12. 9. K.K.GOPALAN, BOARD MEMBER, MARANALLOOR KSHEERA VYVASAYA SAHAKARANA SANGHOM LTD.NO.3994, MARANALLOOR, KAVALASSERY P.O., THIRUVANANTHAPURAM-12. R1 BY ADV. SRI. PHILIP MATHEW R2 TO R6 BY SENIOR GOVT. PLEADER, SRI. BEENY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1383 of 2010 ------------------------------------------ Dated this the 30th day of September, 2010 JUDGMENT Ramachandra Menon, J. The appellant society is stated as aggrieved of the verdict passed by the learned Single Judge in W.P.(C) No.12275 of 2010, whereby Ext.P3 representation filed by the writ petitioner before the 5th respondent has been ordered to be considered and disposed of by passing appropriate orders thereon in accordance with law as expeditiously as possible, at any rate within a period of two months. 2. The learned counsel for the appellant submits that no notice whatsoever was given to the appellant society (shown as the 4th respondent in the writ petition) before finalization of the proceedings as above and that the impugned verdict was passed after hearing only the learned counsel for the petitioner and also the learned Government Pleader who appeared for respondents 1 to 3, 5 and 6. Learned counsel for the appellant also submits that, by virtue W.A. No.1383 of 2010 - 2 - of the direction as above, the appellant has virtually lost the opportunity to substantiate the fact that the proceeding sought to be initiated by the writ petitioner is not maintainable, particularly with reference to the scope of enquiry contemplated under Section 68 of the Kerala Co-operative Societies Act. 3. However, going by the contents of the impugned verdict, it is very much relevant to note that the learned Single Judge has not gone into the merits of the case while giving a direction to the 5th respondent to consider and finalize the matter. It has been made clear in the last sentence of the judgment that the orders to be passed by the 5th respondent shall be after affording an opportunity of being heard to the petitioner as well as 'other interested parties' also. The term 'other interested parties' definitely includes the appellant, who was the 4th respondent before the learned Single Judge. No interference is warranted. W.A. No.1383 of 2010 - 3 - With the above clarification, the writ appeal is disposed of. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns